(a)   The Council shall develop and implement policies and procedures for employing, evaluating and retaining or not retaining in employment all non-elected personnel, including a Municipal Judge, a Clerk, a Treasurer, a Chief of Police and law enforcement officers.

(b)   The officers elected or appointed shall be qualified electors of the city, except the city may appoint nonresidents as city clerk, city treasurer, city attorney, municipal judge and as law enforcement officers when deemed necessary, including the appointment of nonresidents who also serve as city clerk, city treasurer, city attorney, municipal judge or law enforcement officers of another municipality or public agency: Provided, That nothing herein shall authorize the appointment of nonresidents of this state. The city attorney shall be a qualified elector of the county in which said city is located or of an adjoining county. The removal from such city of any officer elected or appointed under this act, who is required to be a qualified elector thereof, shall occasion a vacancy in such office. All vacancies in office, except in the offices of mayor and councilman, may be filled until the next regular time for appointment by appointment by the governing body. Every appointment to office, and the date thereof, shall be entered on the journal of proceedings of the council.

(Prior Code § 1-301; C.O. No. 12; C.O. No. 15)

There are hereby created the following departments of city government: Administrative, Public Safety, Public Works, Gateway Event Center. The City Manager shall have general oversight and supervision of all departments and shall be the department head of the Administrative and Public Safety Departments. Except as provided in subsections (e) and (f) below, the City Manager shall have final authority regarding hiring and termination of employees.

(a)   Administrative Department shall include the positions of City Clerk, City Treasurer and City Judge, and such other positions as are required to fulfill its functions, which shall include accounting and billing for utilities, recordkeeping, financial management, enforcement of codes, operation of city police court, and such other administrative duties necessary or desirable in the operation of the city.

(b)   Public Safety Department shall include the positions of Police Chief, Fire Chief and Animal Control Superintendent, and such other positions as are required to provide for the public safety and welfare.

(c)   Public Works Department shall be headed by the City Superintendent, and its functions shall include utility operations and maintenance, street maintenance, parks, swimming pool and all other duties related to the maintenance and operation of the infrastructure and recreation facilities of the city, except for the operation of the Gateway Event Center.

(d)   The Gateway Event Center operations shall be in a separate department, managed by the Gateway Board, and shall consist of all personnel employed by the Gateway.

(e)   The City Superintendent, Police Chief, and Fire Chief shall be hired by the City Manager with the advice and consent of the City Council. The Manager, in consultation with respective department heads and the Police Chief and Fire Chief as appropriate, shall hire all other city employees.

(f)   In the termination of employment of any city employee, except the City Manager or City Attorney, who are directly under the authority of the Council, the City Council shall have such review authority as is provided in the grievance procedure of the city as stated in the personnel handbook.

(g)   The City Council may at any time, by resolution, abolish or create any department or position named in this article.

(Prior Code § 1-302; Ord. 702; Code 2024)

(a)   Selection.

(1)   The City Council shall be charged with the responsibility of hiring a City Manager. The Manager may be an employee at will or under employment contract, as determined by the Council.

(2)   In employing the City Manager, the position shall be advertised to seek qualified applicants. The City Council shall select a manager from among those applicants or may order that the application process be reopened. The City Manager shall be hired on the basis of qualifications and ability and need not be a resident of the city.

(b)   Except as otherwise provided by law or the ordinances of the city, the City Manager shall:

(1)   Manage, direct, control and supervise all the administrative departments and services of the city, and act as head of the administrative and public safety departments;

(2)   May recommend to the Mayor and City Council for hiring all appointive officers and employees;

(3)   Prepare and submit the annual budget of the governing body and keep it fully, completely and timely advised as to the financial condition of the city;

(4)   Exercise general supervision and control over all city purchases and expenditures in accordance with the budget and such policies as may be established by the governing body;

(5)   Recommend to the governing body a schedule of salaries for all officers and employees;

(6)   Have the care and management of all city-owned land, property, buildings and equipment;

(7)   Develop and prepare such planning, short-range as well as long-range, as the governing body shall request and shall submit such planning to the governing body for action;

(8)   Attend all meetings of the governing body and such other meetings of commissions and other organizations as the governing body shall direct;

(9)   Make such recommendations to the governing body as are deemed necessary for effective administration of all city services;

(10) Be responsible for the proper and efficient discharge of the duties of all city administrative officers and employees; and

(11) Perform such other duties as the governing body may direct.

(Prior Code § 1-303:304; Ord. 538; Ord. 702; Ord. 743; Ord. 769; Code 2024)

The city superintendent shall be appointed on the basis of their engineering and administrative abilities and shall:

(a)   Have and exercise management and supervision over all the utilities, streets, and park departments;

(b)   Have care and management over all city-owned property, land, buildings or equipment;

(c)   Attend all meetings of the governing body and regularly submit to the governing body a written report on the status of the city and its services;

(d)   Be responsible for the proper and efficient discharge of the duties of all city employees under their jurisdiction. Make such recommendations to the governing body as deemed necessary for the good and efficient administration of departments under their jurisdiction;

(e)   Investigate all complaints in relation to matters concerning departments under their jurisdiction. Submit reports in order that the governing body may determine and establish policies for control of services;

(f)   Make studies and reports in order that governing body may adopt such measures as may be deemed necessary or expedient for the health, safety and welfare of the city;

(g)   Perform such other duties as the governing body may direct. No act or decision of the city foreman shall be rescinded or overruled, nor shall the services of the city foreman be terminated, unless by a majority vote of the council. In cases involving the discharge of a city employee by the city foreman the employee shall have a right of appeal to the governing body.

(Ord. 738; Code 2024)

(a)   The Mayor, with the consent of the Council, shall appoint the City Attorney.

(b)   The City Attorney shall be a qualified elector of the county or of an adjoining county and be admitted to practice before the Supreme Court of the state. The duties of the City Attorney shall be to appear and prosecute or defend all actions or proceedings in any of the courts of records or before any of the administrative agencies of the state in which the city may be a party or have an interest, to advise and counsel the governing body and officers of the city, to draft ordinances, contracts, examine deeds and abstracts, render opinions, to attend all regular meetings and such special meetings as from time to time the governing body may direct, and to perform other professional services incidental to their office. For their services, the City Attorney shall receive an amount to be established by the governing body prior to the rendering of the service.

(Prior Code § 1-305:306; Ord. 702)

The City Clerk of the city shall have the following duties:

(a)   Keep their office in the city building, which office shall be open at such times during business hours in the city as may be fixed by the Council;

(b)   Attend all meetings of the Council and make and keep a record of all proceedings and meetings of the Council in minute form entered in the journal of Council proceedings. In the absence of the Clerk from any meeting, the presiding officer shall appoint a member of the governing body to keep an account of the proceedings and to report the same to the City Clerk;

(c)   Carry on all the official correspondence of the city, giving the same prompt attention and shall present for the consideration of the Mayor and Council at each meeting all correspondence received and replies given by them;

(d)   Have charge of the corporate seal of the city and shall affix the same to the official copy of all ordinances, deeds, contracts and similar documents required to be authenticated, and shall be authorized to administer oaths for all purposes pertaining to the business affairs of the city;

(e)   Be custodian of all the city records, books, papers, contracts, petitions, documents and other personal effects belonging to the city not properly pertaining to any other office and shall keep suitable files and records of the same;

(f)   Receive and audit all claims against the city and shall present them for consideration of the governing body at its regular meetings each month, and shall prepare appropriation ordinances for the payment of all claims allowed by the governing body. They shall draw warrants (or warrant checks) only when appropriations to pay claims against the city have been made by ordinance;

(g)   Report to the governing body at its regular meetings each month in regard to the financial condition of the funds of the city so that the governing body may not create debts nor authorize the issuance of warrants in violation of the budget law or the cash basis law relating to the duties of city officers;

(h)   Keep a separate account of each fund of the city, whether the funds be derived from taxation or otherwise; no money belonging to one fund shall be placed to the credit of another fund, or be transferred to another fund unless there is lawful authority for the same. Each separate tax levy shall constitute a separate fund, and income derived from other sources shall be credited to the proper fund of the city;

(i)    Render such assistance as may be required by the governing body in preparing the annual city budget, any ordinance for the levying of taxes, and shall certify the same to the County Clerk in the form and manner required by law together with a copy of the budget; provided that, a copy of the budget shall be filed with the State Department of Post Audits;

(j)    Keep a fully accurate account of all bonds issued by the city, recording them in the book by date, number, amount thereof, rate of interest, number of each coupon, amount of each, to whom payable, where payable and when canceled upon return of the same to the city;

(k)   Keep a record of all special assessments made by the governing body for any purpose and shall certify the assessments to the County Clerk for collection and payment in the manner provided by law; and

(l)    Act as the withholding agent of the city for the purpose of the federal revenue (income) act as and shall receive from each officer or employee of the city the withholding certificate required by virtue of the said act. They shall maintain a suitable record of the sums so withheld from wages and salaries and remit the same to the Director of Internal Revenue at such times and in such form as may be required by the regulations.

(Prior Code § 1-307; Code 2024)

The City Treasurer shall:

(a)   Keep a full and accurate record of all money received and paid out in a ledger book provided by the governing body;

(b)   Publish an annual financial statement;

(c)   Deposit all public monies and sign all checks of the city;

(d)   Pay out city funds only upon orders or warrants properly signed by the Mayor and City Clerk; and

(e)   Perform such other duties as may be prescribed by the governing body or the state statutes.

(K.S.A. 10-803:804, 12-1608)

(a)   There is hereby established the Office of City Prosecutor. No person shall be eligible for the Office of City Prosecutor who is not an attorney at law admitted to practice law in the state. The City Prosecutor shall:

(1)   Attend meetings of the governing body when so directed to attend by the Mayor or City Attorney;

(2)   Advise the City Council and all officers of the city upon legal questions affecting” the city and its officers as may be submitted to them;

(3)   Draft such ordinances and other instruments in writing as may be submitted to them in the regular transactions of the affairs of the city;

(4)   Appear and prosecute all violations of city ordinances in Municipal Court; and

(5)   Perform such other duties as may be prescribed by the governing body and the state statutes.

(b)  

(1)   The governing body may appoint a City Prosecutor in accordance with section 1-301 of this article.

(2)   In the event that there is no City Prosecutor, the City Attorney shall serve in such capacity.

(a)   The City Engineer shall be a licensed professional engineer in the state.

(b)   They shall be responsible for:

(1)   The design and specifications for all city streets, sewers, water lines, public buildings and other public facilities;

(2)   The inspection of all public works projects including streets, sewers, water lines and other public facilities; and

(3)   The general supervision of the maintenance and repair of all public facilities.

(a)   The same person may be appointed to more than one appointive office, or employed in more than one department; except that, the same person shall not be appointed to incompatible offices.

(b)   Salaries or wages of such persons shall be prorated between the proper funds of the several offices or departments.

All city officers and employees shall comply with the requirements of K.S.A. 75-4301a et seq., concerning governmental ethics and refrain from making or participating in the making of a contract when prohibited by state law.

It shall be the general practice of the governing body to issue all orders and directives to all city officers and departments and receive reports and communications therefrom through the office of the City Manager.

(Prior Code § 1-313; Ord. 538)