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, municipal judge, city marshal, law enforcement officers, street commissioner, water commissioner, recreation commissioner, building inspector, and such other officers as may be deemed necessary for the best interest of the city. Such officers shall hold their respective offices until their successors have been appointed and qualified. All such appointments shall be entered on the journal of proceedings of the governing body. The duties and salaries of all appointed officers shall be fixed by ordinance. Such officers shall hold their respective offices until their successors have been appointed and qualified. (K.S.A. 15-204; Code 2012)
The council shall have authority to hire all other employees, or such authority may be delegated to the respective department heads. (Code 2012)
(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. -(K.S.A. 15-209; Code 2012)
VACANCY IN OFFICE.
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 2012)
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) Enter 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. (Code 2012)
SAME, FISCAL RECORDS.
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 2012)
SAME, SEAL; OATHS.
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 2012)
SAME; WITHHOLDING AGENTS.
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 2012)
ASSISTANT CITY CLERK.
(a) The office of assistant city clerk is hereby established. The mayor shall appoint, by and with the consent of the city council, the assistant city clerk. The person so appointed and confirmed shall hold the office for a term of one year and until a successor is appointed and confirmed.
(b) The assistant 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 assistant city clerk shall become the acting city clerk and fulfill the duties of that office.
(d) Compensation of the assistant city clerk shall be set by ordinance passed by the governing body. (Code 2012)
The city treasurer shall: (a) Keep a full and accurate record of all money received and paid out in a sedger book provided by the governing body;
(b) Publish an annual 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 2012)
CITY ATTORNEY: OFFICE; DUTIES.
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 council when so directed to attend by the mayor or city council;
(b) Advise the city council 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 council, 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 2012)
CITY PROSECUTOR: OFFICE, DUTIES.
(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 of Kansas. 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 him or her,
(3) Draft such ordinances and other instruments in writing as may be submitted to him or her in the regular transactions of the affairs of the city; (4) Appear and prosecute all violations of city ordinances in municipal court;
(5) Perform such other duties as may be prescribed by the governing body and the Kansas statutes. (b) The governing body may appoint a city prosecutor in accordance with section 1-301. In the event that there is no city prosecutor, the city attorney shall serve in such capacity. (Code 2012)
STREET COMMISSIONER: OFFICE AND DUTIES.
The office of street Commissioner is hereby established. The street commissioner shall be a duly elected member of the city council and shall perform such duties for and on behalf of the city as authorized and directed by the council.
(a) The street commissioner shall have supervision of the maintenance and repair of all streets, alleys, lanes, and other public thoroughfares of the city, and shall notify the council of all repairs needed on the streets of the city.
(b) The street commissioner shall be responsible for the observation of the condition of sidewalks and other footways of the city respecting their safety and state of repair and shall report to the city council all sidewalks believed to be in a dangerous condition or in need of repair.
(c) The street commissioner shall have charge of the trimming of trees standing in the parking of city streets. It shall be the duty of the street commissioner to report to the city council all property upon which weeds are growing in violation of the city code.
(d) See that all contracts for public improvements under his or her supervision are faithfully complied with, and that the conditions of all permits to excavate in the streets and alleys of the city and the grant of any franchise or privilege are faithfully performed. (Ord. 86-2; Code 2012)
RECREATION COMMISSIONER: OFFICE AND DUTIES.
The office of recreation commissioner is hereby established. The recreation commissioner shall be a duly elected member of the city council and shall have and perform the duties of administering and supervising the maintenance of all recreation facilities or systems belonging to or operated by the City of New Strawn, Kansas. (Ord. 86-2)
WATER COMMISSIONER, OFFICE AND DUTIES.
The office of water commissioner is hereby established. The water commissioner shall be a duly elected member of the city council, and shall perform such duties for and on behalf of the city as authorized and directed by the council.
(a) The water commissioner shall have supervision of and maintenance and repair of all sewerage works within the city, shall have supervision of the inspection of all plumbing installations in the city, and shall recommend to the governing body projects for the improvement or enlargement of the sewerage and water plant, and shall supervise those projects on approval by the governing body.
(b) Shall supervise the making and keeping of an up-to-date map showing the water mains, gate valves, and fire hydrants of the city and file the same in the office of the city clerk. (Ord. 86-2)
APPOINTMENT OR EMPLOYMENT IN MORE THAN ONE POSITION.
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 2012)
CONFLICT OF INTEREST.
(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 2012)