The governing body shall consist of a Mayor and Council members to be elected as set out in Chapter 6 of this code.

(a)   All powers exercised by cities of the third class, or which shall hereafter be conferred upon them, shall be exercised by the governing body, subject to such limitations as prescribed by law.

(b)   All executive and administrative authority granted or limited by law shall be vested in the Mayor and Council as governing body of the city.

(K.S.A. 12-103)

(a)   The regular meeting date of the governing body of the city shall be set by resolution of the Council.

(b)   Special meetings of the governing body may be called by the mayor (or acting mayor in the absence of the mayor from the city) on the written request of any three members of the governing body, specifying the object and purpose of such meeting, which request shall be read at the meeting and entered at length on the journal by the city clerk. The call of the mayor for any such special meeting shall be endorsed upon the written request and shall specify the time and place of such meeting and shall be filed with the city clerk. Thereupon, the city clerk shall give notice of such meeting to each member of the governing body.

(Prior Code § 1-202, 205; K.S.A. 15-106; Ord. 697)

In all cases, it shall require a majority of the Council-elect to constitute a quorum to do business.

(K.S.A. 15-106)

The Mayor shall preside at all meetings of the governing body. The Mayor shall have the tie-breaking vote on all questions when the members present are equally divided.

(Code 2024)

The governing body shall, at its regular meeting following any city election, elect one of its members as “President of the Council.” When any vacancy shall happen in the office of Mayor, the president of the Council for the time being shall exercise the office of Mayor, and all the rights, privileges and jurisdiction of the Mayor, until such vacancy be filled at the next city election where the Mayor is to be elected, or until such disability be removed, or in the case of temporary absence, until the Mayor shall return.

(Prior Code § 1-209; K.S.A. 15-310:311; Ord. 736)

The governing body may designate whether the administration of a policy or the carrying out of any order shall be performed by a committee, an appointive officer or the Mayor. If no administrative authority is designated, it shall be vested in the Mayor.

(a)   In case of a vacancy in the council occurring by reason of resignation, death, or removal from office or from the city, the mayor, by and with the advice and consent of the remaining council members, shall appoint an elector to fill the vacancy until the next election for that office. In case any person elected as a council member neglects or refuses to qualify within 30 days after election, the council member shall be deemed to have refused to accept the office and a vacancy shall exist. The mayor may, with the consent of the remaining council members, appoint a suitable elector to fill the vacancy. In the event that the vacancy is not filled within 60 days after the vacancy occurs, then a special election shall be called to fill the vacancy.

(b)   In case of a vacancy in the office of mayor, the president of the council shall become mayor until the next regular election for that office and a vacancy shall occur in the office of the council member becoming mayor. Once elected by the members of the council, the President of the Council shall serve in such capacity until a new president has been elected from the members, provided that the President of the council remains a member of the council.

(Prior Code § 1-214; C.O. No. 4; C.O. No. 18)

Members of the governing body shall receive as compensation such amounts as may be fixed by ordinance.

(Prior Code § 1-203; Ord. 237)

Each member of the governing body shall receive for services and as reimbursement for expenses, compensation as follows:

(a)   Mileage at the same rate as is established by law by the state for state employees for each mile traveled by the shortest route upon the performance of duties assigned by the Mayor and/or Council; and/or

(b)   Reimbursement for actual food and lodging expenses upon the performance of duties assigned by the Mayor and/or Council; provided, such expenses shall be documented by proper receipts.

There is hereby incorporated by reference for the purpose of establishing a code of procedure for the conduct of City Council meetings, that certain code known as the “Code of Procedure for Kansas Cities”, Edition of 2006, prepared and published in book form by the League of Kansas Municipalities, Topeka, Kansas, save and except such articles, sections, parts or portions as are hereafter omitted, deleted, modified or changed. One copy of said Code of Procedure for Kansas Cities shall be marked or stamped “Official Copy as Incorporated by the Code of the City of Oberlin, Kansas”, with all sections or portions thereof intended to be omitted or changed clearly marked to show any such omission or change and to which shall be attached a copy of this section, and filed with the City Clerk to be open to inspection and available to the public at all reasonable hours.

(a)   Declaration of policy. The proper operation of our government requires that public officials and employees be independent, impartial and responsible to the people; that governmental decisions and policy be made in the proper channels; and that the public have confidence in the integrity of its government. In recognition of those goals, there is hereby established a Code of Ethics for all officials and employees, whether elected or appointed, paid or unpaid. The purpose of this Code is to establish ethical standards by setting forth those acts or actions that are incompatible with the best interests of the city.

(b)   Responsibilities of public office. Public officials and employees are agents of public purpose and hold office for the benefit of the public. They are bound to uphold the Constitution of the United States and the Constitution of this state and to carry out impartially the laws of the nation, state and city and thus to foster respect for all government. They are bound to observe in their official acts the highest standards of morality and to discharge faithfully the duties of their office regardless of personal considerations, recognizing that the long-term public interest must be their primary concern. Their conduct in both their official and private affairs should be above reproach.

(c)   Dedicated service.

(1)   All officials and employees of the city should be responsive to the political objectives expressed by the electorate and the programs developed to attain those objectives. Appointive officials and employees should adhere to the rule of work and performance established as the standard for their positions by the appropriate authority.

(2)   Officials and employees should not exceed their authority or breach the law or ask others to do so, and they should work in full cooperation with other public officials and employees unless prohibited from so doing by law or by officially recognized confidentiality of their work.

(d)   Fair and equal treatment.

(1)   Interest in appointments. Canvassing of members of the City Council, directly or indirectly, in order to obtain preferential consideration in connection with any appointment to the municipal service shall disqualify the candidate for appointment, except with reference to positions filled by appointment by the City Council.

(2)   Use of public property. No official or employee shall request or permit the use of city­ owned vehicles, equipment, materials or property for personal convenience or profit, except when such services are available to the public generally or are provided as city policy for the use of such official or employee in the conduct of official business.

(3)   Obligations to citizens. No official or employee shall grant any special consideration, treatment or advantage to any citizen beyond that which is available to every other citizen.

(e)   Conflict of interest.

(1)   Financial or personal interests. No elected or appointive city official or employee, whether paid or unpaid, shall engage in any business or transaction or shall have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of their duties in the public interest or would tend to impair their independence of judgment or action in the performance of their official duties. Personal, as distinguished from financial interests, includes an interest arising from blood or marriage relationships or close business or political association.

(2)   Specific conflicts of interests. Specific conflicts of interest are enumerated below for the guidance of officials and employees.

(A)  Incompatible employment. No-elected or appointive city official or employee shall engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of their official duties or would tend to impair their independence of judgment or action in the performance of their official duties.

(B)  Disclosure of confidential information. No elected or appointive city official or employee shall, without proper legal authorization, disclose confidential information concerning the property, government or affairs of the city. Nor shall they use such information to advance the financial or other private interest of themselves or others.

(3)   Gifts and favors. No elected or appointive city official or employee shall accept any valuable gift, whether in the form of service, loan, thing or promise, from any person, firm or corporation which to their knowledge is interested directly or indirectly in any manner whatsoever in business dealings with the city; nor shall any such official or employee accept any gift, favor or thing of value that may tend to influence them in the discharge of their duties or grant in the discharge of their duties any improper favor, service or thing of value. The prohibition against gifts or favors shall not apply to an occasional non-pecuniary gift, of only nominal value, an award publicly presented in recognition of public service, or any gift which would have been offered or given to them if not an official or employee.

(4)   Representing private interest before city agencies or courts. No elected or appointive city official or employee whose salary is paid in whole or in part by the city shall appear in behalf of private interest before any agency of this city. They shall not represent private interests in any action or proceeding against the interest of the city in any litigation to which the city is a party.

Standing committees of the governing body shall be appointed by the Mayor, with the consent of the Council, on an as needed basis.

(Prior Code § 1-211; Ord. 697)