The governing body shall consist of a mayor and city Council to be elected as set out in Chapter 6 of this code. (Code 2012)
SAME, POWERS GENERALLY.
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. 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; Code 2012)
(a) Regular meetings of the governing body shall be held on the first Thursday of each month at 7:00 p.m at the New Strawn City Hall, In the event the regular meeting day shall fall on any legal holiday or any day observed as a holiday by the city offices, the governing body shall fix the next succeeding Thursday not observed as a holiday as a meeting day.
(b) Special meetings may be called by the mayor or acting mayor, on the written request of any three members of the council, specifying the object and purpose of such meeting, which request shall be read at a meeting and entered at length on the journal.
(c) Regular or special meetings of the governing body may be adjourned for the completion of its business at such subsequent time and place as the governing body shall determine in its motion to adjourn. (K.S.A. 15-106; Code 2012)
In all cases, it shall require three of the councilmemberselect to constitute a quorum to do business. (C.O. 2012-01 repealing C.O. 20032; Code 2012)
POWERS OF THE MAYOR.
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. The mayor shall:
(a) Have the superintending control of all officers and affairs of the city; (b) Take care that the ordinances of the city are complied with: (c) Sign the commissions and appointments of all officers elected or appointed;
(d) Endorse the approval of the governing body on all official bonds; (e) From time to time communicate to the city council such information and recommend such measures as he or she may deem advisable;
(f) Have the power to approve or veto any ordinance as the laws of the state shall prescribe;
(g) Sign all orders and drafts drawn upon the city treasury for money. (K.S.A. 15-301 et seq.; Code 2012)
PRESIDENT OF THE COUNCIL.
The city council shall elect one of its own body as president of the council. The president of the council shall preside at all meetings of the council in the absence of the mayor. In the absence of both the mayor and the president of the council, the council shall elect one of its membersas “acting president of the council.” The president and acting president, when occupying the place of mayor, shall have the same privileges as other Councilmembers but shall exercise no veto. (K.S.A. 15-310:311; Code 2012)
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. (Code 2012)
VACANCIES IN GOVERNING BODY, HOW FILLED.
(a) In case of vacancy in the office of mayor occurring by reason of resignation, death, removal from office, removal from the city, or refusal or failure to qualify, the president of the council, or in the case of the mayor-elect’s refusal or failure to qualify, the new president of the council, shall become mayor until the expiration of the term. A vacancy shall exist in the office of the council member becoming mayor. This vacancy shall be filled as prescribed in subsection (b).
(b) If any person elected to the council does not qualify within thirty days he or she shall be deemed to have refused to accept the office and a vacancy shall exist. In case of a vacancy in the council, occurring by reason of failure or refusal to qualify, resignation, death, removal from the City, removal from office, or becoming mayor by reason of being president of the council when a vacancy occurs in the office of mayor, the mayor shall appoint, with the consent of a majority of the remaining council members, some suitable elector of the City to fill the vacancy until the expiration of the term of such office. (C.O. 4)
Members of the governing body shall receive as compensation such amounts as may be fixed by ordinance. (Code 2012)
Each member of the governing body shall receive for his or her services and as reimbursement for his or her expenses, compensation as follows:
(a) Mileage at the same rate as is established by law by the state of Kansas for state employees for each mile traveled by the shortest route upon the performance of duties assigned by the mayor and/or council.
(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. (Code 2012)
|NCORPORATING CODE OF PROCEDURE FOR KANSAS CITIES.
There is hereby incorporated by reference for the purpose of establishing a code of procedure for the conduct of city council meetings of the City of New Strawn, Kansas, 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 New Strawn, 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. (Ord. 2009-1; Code 2012)
CODE OF ETHICS.
(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 – 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.
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 – 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 his or her duties in the public interest or would tend to impair his or her independence of judgment or action in the performance of his or her official duties. Personal as distinguished from financial interest includes an interest arising from blood or marriage relationships or close business or political association.
Specific conflicts of interest are enumerated below for the guidance of officials and employees:
(1) 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 his or her official duties or would tend to impair his or her independence of judgment or action in the performance of his or her official duties.
(2) 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 he or she use such information to advance the financial or other private interest of himself, herself 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 his or her knowledge is interested directly or indirectly in any manner whatsoever in business dealings with the city; nor shall any such official or employee (a) accept any gift, favor or thing of value that may tend to influence him or her in the discharge of his or her duties or (b) grant in the discharge of his or her duties any improper favor, service, or thing of value. The prohibition against gifts or favors shall not apply to: (a) an occasional nonpecuniary gift, of only nominal value or (b) an award publicly presented in recognition of public service or (c) any gift which would have been offered or given to him or her 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. He or she 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. (Code 2012)