The mayor shall appoint, by and with the consent of the council, a municipal judge of the municipal court, a chief of police, city clerk, city attorney, and any other officers deemed necessary. Any officers appointed and confirmed shall hold an initial term of office of not to exceed one year and until their successors are appointed and qualified. Any officers who are reappointed shall hold their offices for a term of one year and until their successors are appointed and qualified. The council shall by ordinance specify the duties of the office holders and by ordinance may abolish any office created by the council whenever deemed expedient.
(C.O. No. 12; Code 2003; C.O. No. 14; Code 2013; C.O. No. 17)
The mayor with the consent of the council shall have authority to hire all other employees, or such authority may be delegated to the respective department heads, either directly by governing body action or indirectly by inclusion either in job descriptions or other provisions contained in written personnel rules and regulations of the city.
(Code 2003)
(a) A majority of all members elect of the governing body may remove any appointed officer.
(b) For good cause, the mayor may suspend at any time any appointed officer.
(c) Employees, other than appointed officers, may be removed by the respective department heads, after review with the mayor.
(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. 14-205; Code 2003)
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. 14-205; Code 1994)
The city clerk shall:
(a) Be custodian of all city records, books, files, papers, documents and other personal effects belonging to the city and not properly pertaining to any other office;
(b) Carry on all official correspondence of the city;
(c) Attend and keep a record of the proceedings of all regular and special meetings of the governing body;
(d) Record every appointment of office and the date thereof in the journal;
(e) Enter or place each ordinance of the city in the ordinance books after its passage;
(f) Publish all ordinances, except those appropriating money, and such resolutions, notices and proclamations as may be required by law or ordinance;
(g) As provided in 1-302, hire all employees directly supervised by the clerk and evaluate all subordinate personnel annually;
(h) Recommend to the governing body a schedule of salaries for all employees directly supervised by the city.
(Code 2003)
The city clerk shall:
(a) Prepare and keep suitable fiscal records according to generally accepted accounting principles;
(b) Assist in preparing the annual budget;
(c) Audit all claims against the city for goods or services rendered for the consideration of the governing body. His or her accounts shall properly show the amounts paid from any fund of the city and the cash balance existing in each fund;
(d) Keep an accurate account of all bonds issued by the city;
(e) Keep a record of all special assessments.
(Code 1994)
The city clerk shall:
(a) Have custody of the corporate seal of the city and shall affix the same to the official copy of all ordinances, contracts, and other documents required to be authenticated;
(b) Have power to administer oaths for all purposes pertaining to the business and affairs of the city;
(c) Keep suitable files of all such oaths required to be deposited in his or her office.
(Code 1994)
The city clerk is designated as the withholding agent of the city for the purposes of the Federal Revenue (Income) Act, and shall perform the duties required of withholding agents by said act or any other act requiring withholding from the compensation of any city officer or employee. The clerk shall perform such other duties as may be prescribed by the governing body or the Kansas statutes.
(Code 1994)
(a) The office of deputy city clerk is hereby established.
(b) The deputy city clerk shall perform those duties assigned to that office by the city clerk.
(c) Whenever a vacancy occurs in the position of city clerk and the city is without a person appointed, confirmed or qualified to hold that office, the deputy city clerk shall become the acting city clerk and fulfill the duties of that office.
(d) Compensation of the deputy city clerk shall be set by ordinance passed by the governing body.
(Code 1994)
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 a quarterly financial statement;
(c) Deposit all public moneys 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;
(e) Perform such other duties as may be prescribed by the governing body or the Kansas statutes.
(K.S.A. 10-803; K.S.A. 12-1608; Code 1994)
There is hereby established the office of city attorney. No person shall be eligible for the office of city attorney who is not an attorney at law admitted to practice in the Supreme Court of the State of Kansas. The city attorney shall be charged with the general direction and supervision of the legal affairs of the city. The city attorney shall:
(a) Attend meetings of the city governing body when so directed to attend by the governing body;
(b) Advise the city governing body and all officers of the city upon such legal questions affecting the city and its offices as may be submitted to him or her;
(c) When requested by the city governing body give opinions in writing upon any such questions;
(d) Draft such ordinances, contracts, leases, easements, conveyances and other instruments in writing as may be submitted to him or her in the regular transaction of affairs of the city;
(e) Approve all ordinances of the city as to form and legality;
(f) Attend planning commission and board of zoning appeals meetings when so directed by the boards;
(g) Appear and prosecute all violations of city ordinances in municipal court when his or her services shall be required;
(h) Perform such other duties as may be prescribed by the governing body and the Kansas statutes.
(Code 1994)
The city engineer 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.
(Code 1994)
The governing body of the city shall have the authority to appoint a city administrator for the city who shall be the administrative head of the municipal government under the direction of the governing body and the mayor.
(Ord. 877, Sec. 1)
The city administrator may or may not be a resident of the city when appointed, but shall reside within the city limits within 120 days of appointment and shall reside within the city limits during term of office.
(Ord. 877, Sec. 2; Code 2003)
The city administrator shall be appointed or dismissed from office by a majority vote of all the members of the governing body. The term of the city administrator shall be for one year from the effective date of the appointment by the governing body and until a successor is appointed and qualified.
(Ord. 877, Sec. 3; Code 2003)
The salary of the city administrator shall be fixed by ordinance in the manner prescribed for other appointed officers by K.S.A. 14-1501 and any amendments thereto.
(Ord. 877, Sec. 4)
During the absence or disability of the city administrator, the governing body may appoint an acting city administrator.
(Ord. 877, Sec. 5)
Except as otherwise provided by law or the ordinances of the city, the city administrator shall:
(a) Direct, control and supervise all the administrative departments and services of the city.
(b) Recommend to the mayor and council suitable persons to be hired or appointed to carry out the functions of the city and make recommendations for the termination of employment or suspension of employees when such action is deemed necessary and appropriate;
(c) Supervise the duties of all employees of the city through the respective department heads excluding the appointive offices of municipal judge and city attorney who shall be responsible to the mayor and council.
(d) Supervise the preparation of a proposed annual budget and submit the same to the governing body prior to the time required for publication of the proposed budget and budget hearings to be conducted by the governing body;
(e) Inform the governing body at least monthly of the financial condition of the city and its budget status;
(f) Exercise general supervision and control over all city purchases and expenditures within budgetary limitations and recommend purchasing policies to the governing body;
(g) Recommend to the governing body a schedule of salaries for all officers and employees;
(h) Maintain an inventory of and supervise the care and management of all city owned property and equipment;
(i) Prepare annual bid specifications for the city’s insurance and inspect submitted insurance bids to determine if they meet the stated insurance requirements of the city;
(j) Assist the Oswego planning commission in the development and preparation of short and long range planning and convey the recommendations of the commission to the governing body for action;
(k) Attend insofar as possible all meetings of the governing body and its subordinate planning commissions and boards and regularly report the status of the city to the planning commissions, boards and the governing body;
(l) Ascertain available federal and state programs and advise the governing body as to possible grants or other benefits of the programs and prepare and submit applications for such grants and benefits as the governing body may direct;
(m) Make recommendations to the governing body as the administrator deems necessary for the most efficient administration of all city departments and the provision of maximum benefit to the citizens of the city;
(n) In the event of a disaster when there is a request for assistance, if the city can provide assistance without unduly jeopardizing the protection of its own community, provide such assistance as may be required under authority granted in Chapter 75 of the 1994 Session Laws of Kansas, with all the privileges and immunities provided therein.
(o) Perform such other duties as the governing body may direct.
(Ord. 877, Sec. 6; Ord. 1000, Sec. 1)
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.
(Code 1994)
(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. 75-4301; Code 1994)