At the first regular meeting in May of each year the mayor, by and with the consent of the council, shall appoint a city clerk and city treasurer, and may appoint a city attorney, chief of police, city engineer and such other officers as may be deemed necessary for the best interest of the city. All such appointments shall be entered on the journal of proceedings of the council.
(K.S.A. 15-204; C.O. No. 2; Code 1974, 2.08.040; Code 2014)
The mayor with the consent of the council shall have authority to hire all other employees, or such authority may be delegated to the city administrator.
(Ord. 420; Code 1974, 2.52.010; Code 2014)
(a) A majority of all members-elect of the governing body may remove any appointed officer.
(b) For good cause, the mayor may suspend any appointed officer, and such officer may be removed with consent of the council in accordance with subsection (d).
(c) Employees, other than appointed officers, may be suspended by the mayor upon recommendation of the city administrator and may be removed in accordance with subsection (d).
(d) No officer or employee shall be removed for any reason until he or she has been given notice and afforded the opportunity for a hearing.
(K.S.A. 15-204; Code 2014)
Whenever a vacancy occurs in any appointive office for whatever reason, the vacancy shall be filled by the governing body. Any person appointed to fill such vacancy shall serve only until the next regular time for appointment.
(K.S.A. 15-209; Code 2014)
(a) The city clerk shall prepare all orders for the purchase of goods and services required by the city and shall make suitable entries on the books of all such orders and contractors entered into by the city which shall obligate the funds or credit of the city.
(b) The city clerk shall see that the approved budget is certified to the county clerk and to the state accountant, and that it is properly published in the official city paper.
(c) The city clerk shall, when reasonably possible, attend all council, council committees, and duly elected or appointed boards and commissions of the city and record minutes and or notes as may be required. In the event of the necessary absence of the city clerk he or she shall submit the name of a qualified replacement to the presiding officer for his or her approval. The city clerk shall make and keep a record of the proceedings and meetings of the governing body in minute form and shall record all actions pertaining to the business transacted at any such meeting. The city clerk shall enter each ordinance of the city in the official ordinance book after its passage, the same to be numbered consecutively and indexed. The city clerk shall append thereto a note stating the date of its passage, the page of the journal containing the final vote on its passage, and also the name of the newspaper in which said ordinance was published, and the date of such publication. The city clerk shall cause to be published all ordinances, except those appropriating money, in the official city paper. The city clerk shall cause to be published such resolutions, notices and proclamations as may be required.
(d) The city clerk shall 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. The city clerk shall have power to administer oaths for the purposes pertaining to the business and affairs of the city and shall keep suitable files of all such oaths required to be deposited in his or her office.
(e) The city clerk shall keep full and accurate records of all actions taken by him/her in the course of his or her duties, and shall safely and properly keep all records and papers belonging to the city and entrusted to his or her care in accordance with Federal and Kansas State Statutes. All such records shall be and remain the property of the city and be open to inspection by the mayor and city council at all times. The city clerk shall record all deeds and street and alley vacancies and see that all vehicle registrations are current, all of which will be kept on file in the office of the city clerk.
(f) The city clerk shall be responsible for the collection of all fees, and the issuance of all licenses, permits and leases. Building permits shall be issued by the city clerk on approval of the city building official or city designee assuring all city codes are being followed. All license, permits and leases shall be signed by the mayor and city clerk and counter-signed by the city treasurer.
(g) The city clerk shall keep an accurate account of all bonds issued by the city, recording them in a book by date, numbers, and amount thereof, rate of interest, number of coupon, amount of each, to whom payable, where payable, date of maturity, and when canceled upon the return of the same to the city.
(h) The city clerk shall keep a record of all special assessments whenever the same shall have been determined and shall certify said assessments to the county clerk in the manner provided by law.
(i) The city clerk shall record under appropriate headings the amounts received by the city from the county treasurer and shall 'file the copies of the city treasurer's receipts received from the county treasurer.
(j) The city council shall make provision for the collection of accounts due the city for the sale of water or other services sold and furnished by the city; provided, that where no other provision shall be made, the city clerk shall, by virtue of the office, be collector of all accounts due the city.
(k) In addition to the foregoing duties, the city clerk shall perform any and all other duties or functions prescribed by the mayor and city council. At no time shall the duties or powers of the city clerk supersede the action by the mayor and city council.
(Ord. 828; Code 1974, Chapter 2.16; Code 2014)
Each deputy clerk shall be under the supervision and direction of the city clerk and shall perform such of the clerk's duties as he or she may from time to time be directed by the city clerk. For all purposes hereunder, the act of a deputy clerk shall be the act of the city clerk.
(Ord. 828; Code 1974, Chapter 2.16; Code 2014)
(a) The city treasurer shall receive from the county treasurer all moneys and evidences of indebtedness collected for and payable to the city, and shall give the county treasurer duplicate receipts therefor; and for all moneys received by him from any other source, other than the city clerk, he shall give duplicate receipts, causing one of the two to be filed with the city clerk and keeping a copy thereof in his own office. He shall keep proper records of all moneys received from any source, by funds, as provided by law and keep a full and accurate record of all moneys received and disbursed by him in behalf of the city specifying the time of receipt and disbursement, and from whom received and to whom disbursed on account. He shall publish or cause to be published a financial statement of the city in the manner and style provided by law.
(b) The city treasurer shall deposit all money received by him as such officer in the bank or banks designated by the governing body of this city as official depositories of the funds of this city, but only after such depository bank shall have given security for the deposit of such public moneys as provided by law.
(c) The City Treasurer shall pay out the funds of the City upon Warrant-Checks properly signed by the Mayor and attested by the City Clerk and countersigned by the City Treasurer. In the absence of the Mayor, City Clerk, or Treasurer, said Warrant-Checks may be properly signed by the Council President. The Treasurer shall not knowingly pay any order, warrant, check, or other indebtedness out of the treasury of the City in excess of the funds actually on hand in the treasury at the time and for such purpose, unless such payment be authorized by law as an exception to the “cash basis law” (K.S.A. 10-1101, et seq.) No warrant, warrant-check, or certificate of indebtedness shall be registered or paid by him for any other purpose other than that which a tax levy is made, where one is made, and no part of any fund shall be diverted in any manner to the payment of claims against the City except for the purpose for which such funds shall have been created. He shall cancel all warrants when warrants are issued as soon as paid and in canceling warrants he shall write across the face of such warrant the word “paid” in red ink and sign the same.
(d) Nonexistence of city treasurer, or vacancy in office. In the absence of a person holding the office of city treasurer, or if the office of city treasurer is eliminated by the city council of Oakley, Kansas, the duties of the city treasurer under this section, shall be assigned to the city clerk. Further, the duties assigned to the city clerk under this section shall be assigned to the deputy city clerk.
(Ord. 420; Ord. 973; Code 1974, Chapter 2.20; C.O. No. 17; Ord. 1049; Code 2014)
(a) The city attorney shall advise the mayor, city administrator and other city officers in all matters relating to the interest or business of the city; he shall attend meetings of the council when requested to do so by the mayor or city administrator unless absent from the city or otherwise unable; he shall attend such courts, whether of record or otherwise, when necessary; he shall appear for the city in all cases before the courts in which the city is a party or interest, and prosecute and defend in such cases as may be necessary under the direction of the mayor and council; and he shall perform such other duties pertaining to the rights of the city as may be prescribed by law and ordinances of the city.
(b) The city attorney shall receive such compensation as may be determined from time to time by the city council.
(Ord. 820; Ord. 962; Code 1974, 2.12.010; Code 2014)
The city engineer, if appointed, shall be a licensed professional engineer in the State of Kansas. He or she shall be responsible for:
(a) The design and specifications for all city streets, sewers, water lines, public buildings and other public facilities;
(b) The inspection of all public works projects including streets, sewers, water lines and other public facilities;
(c) The general supervision of the maintenance and repair of all public facilities.
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. Salaries or wages of such persons shall be prorated between the proper funds of the several offices or departments.
(a) No city officer or employee shall be signatory upon, discuss in an official capacity, vote on any issue concerning or otherwise participate in his or her capacity as a public official or employee in the making of any contract with any person or business:
(1) In which the officer or employee owns a legal or equitable interest exceeding $5,000 or five percent, whichever is less, individually or collectively with his or her spouse; or
(2) From which the officer or employee receives, in the current or immediately preceding or succeeding calendar year, any salary, gratuity, other compensation or a contract for or promise or expectation of any such salary, gratuity or other compensation or remuneration having a dollar value of $1,000 or more; or
(3) In which he or she shall hold the position of officer or director, irrespective of the amount of compensation received from or ownership held in the business.
(b) The prohibitions contained in subsection (a) of this section shall not apply to the following:
(1) Contracts let after competitive bidding has been solicited by published notice; and
(2) Contracts for property or services for which the price or rate is fixed by law.
(K.S.A. 74-4301; Code 2014)