Chapter I · Administration

Article 3. Officers and Employees

Sections 1-301 to 1-321 · 21 sections

1-301 Appointments.

The mayor shall appoint, by and with the consent of the council, a city treasurer, 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 and compensation of the office holders, and by ordinance may abolish any office created by the council whenever deemed expedient

(C.O. No. 3; C.O. No. 14; C.O. No. 16; C.O. No. 17; Code 2019)

1-302 Terms.

The terms of all appointive officers and employees shall expire on May 1st of each year, or until their successors are appointed and qualified. A majority of all members of the council may remove any such officer or employee; or, for good cause, the mayor may remove any such officer with the consent of the council.

(Code 1981)

1-303 City administrator.

(a)There is hereby created and established the office of city administrator. The city administrator shall be appointed by the mayor by and with the consent of the city council and he or she shall serve at the pleasure of the council.

(b)The city administrator shall be appointed on the basis of his or her qualifications and ability.

(c)The same person may hold the office of city clerk and office of city administrator and any other position for which he or she is qualified.

(d)The city administrator shall be required to be a resident of Morris County.

(Ord. 1684, Sec. 1; Ord. 1686, Sec. 1; C.O. No. 18)

1-304 Powers, duties and responsibilities of city administrator.

The City Administrator is the Chief Administrative Officer for the City of Council Grove, Kansas and is responsible to the Mayor and City Council for efficient, effective, ethical and responsive administration of City services and programs. The Administrator shall exercise such responsibilities and execute such duties as are prescribed by federal law, state statute and City ordinance, and such other duties and responsibilities as may be lawfully delegated by the Mayor and City Council.

Such delegated duties and responsibilities shall include, but not be limited to the following:

(a)Serves as the financial officer for the City as follows:

(1)Prepares the annual operating and capital improvement budgets for the approval of the City Council.

(2)Oversees budget expenditures, revenues and accounting and makes regular written financial reports to the Mayor and City Council, committees and boards.

(3)Adjust, with City Council approval, expenditures and budget allocations as needed to maintain fiscal integrity.

(b)Researches public policies as necessary and/or when requested by the City Council and offers recommendations to enhance efficiency and effectiveness of City services and programs;

(c)Develop and prepare both short range and long range plans as the governing body may request.

(d)Serves as human resource management officer as follows:

(1)With the advice and consent of the Mayor and City Council and the recommendation of advisory committees, appoints, disciplines and removes directors consistent with adopted City policies;

(2)Hires, disciplines and removes all other City employees in consultation with their department directors and advisory committees;

(3)Provides day-to-day supervision for all department directors;

(4)Conducts annual performance evaluations for department directors and assures all employees receive an annual performance evaluation and recommends salaries to the governing body;

(5)Oversees City human resource administrative actions and assures such actions are consistent with adopted personnel policies;

(6)Recommends adoption of and periodic revisions to a City job description, pay plan and city personnel policies.

(e)Develops in consultation with the Mayor and City Council, the agendas for council meetings; prepares agenda packets and distributes them in advance of meetings; attends City Council meetings and provides written recommendations, as appropriate, on agenda items.

(f)Provides support to the Mayor and City Council in pursuit of economic and community development;

(g)Oversees implementation of contracts, inter-local agreements, and other actions approved by the Mayor and City Council;

(h)Oversees City technology policies including computer systems, training, web sites, and social media;

(i)Provides for the inventory, care and maintenance of all City owned land, property, buildings and equipment;

(j)Oversees the City’s portfolio of liability and property insurance to assure policies are adequate and maintained;

(k)Performs the duties of purchasing officer; exercises general supervision over city purchases in accordance with the city budget and policies established by the City Council;

(l)Maintains up-to-date knowledge of intergovernmental grants and, at the direction of the City Council, prepares, submits and monitors grant applications;

(m)Seeks opportunities for inter-local cooperation; coordinates City services and programs with other jurisdictions and organizations at the direction of the City Council;

(n)Serves as City liaison to other governmental entities, community organizations and events, private businesses and the news media as directed by the City Council;

(o)Monitors and coordinates the work of all City appointed boards and commissions.

(Ord. 1684, Sec. 2; Ord. 2197)

1-305 Orders and reports.

It shall be the general practice of the governing body to issue all orders and directives to all city officers and departments and receive reports and communications therefrom through the office of the city administrator.

(Ord. 1684, Sec. 3)

1-306 City clerk.

The city clerk shall:

(a)Be custodian of all the city records, books, files, papers, documents and other personal effects belonging to the city not properly pertaining to any other office. He or she shall carry on all the official correspondence of the city.

(b)Attend and keep a record of the proceedings of all meetings of the governing body. He or she shall enter every appointment of office and the date thereof in the journal. He or she shall enter or place each ordinance of the city in the ordinance books after its passage. He or she shall publish all ordinances (except those appropriating money) and such resolutions, notices and proclamations as may be required by law or ordinance.

(Code 1981)

1-307 Same; seal.

The city clerk shall 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. He or she shall have power to administer oaths for all purposes pertaining to the business and affairs of the city. He or she shall keep suitable files of all such oaths required to be deposited in his or her office.

(Code 1981)

1-308 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 1981)

1-309 Same; withholding agents.

The city clerk is designated as the withholding agent of the city for the purposes of the Federal Revenue (Income Tax) Act and shall perform the duties required of withholding agents by the act or any other act requiring withholding from the compensation of any city officer or employee.

(Code 1981)

1-310 Deputy city clerk/administrator.

There is hereby created the position of Deputy City Clerk/ Administrator for the City of Council Grove, Kansas. The Deputy City Clerk/Administrator shall report to the City Clerk/City Administrator. The Deputy shall exercise such responsibilities as are delegated by the City Clerk and City Administrator.

(Ord. 2191; Code 2019)

1-311 City treasurer.

The City Treasurer shall keep a full and accurate record of all monies received and disbursed on behalf of the City. The City Treasurer shall publish a quarterly financial statement. The City Treasurer shall deposit all public monies. The City Treasurer shall pay out of the funds of the City upon warrants and checks properly signed by the Mayor and City Clerk. The City Treasurer shall also review the spreadsheet provided by the city library personnel and balance it to the bank accounts of the library.

(Code 1981; Ord. 2013; Code 2019)

1-312 City attorney.

The City Attorney shall be admitted to practice law before the Supreme Court of Kansas. He or she shall attend all meetings of the governing body when so requested and shall advise the mayor and members of the council and their City officers on all legal matters affecting their duties and the legal affairs of the City. He or she shall upon request draft ordinances, contracts and other legal documents pertaining to the affairs of the City. He or she shall appear before the Municipal Court of the City to prosecute municipal offenses.

(Ord. 1730, Sec. 1; Ord. 2242; Ord. 2252)

1-313 Assistant city attorney.

At such time does the governing body may deem appropriate, the governing body may appoint an Assistant City Attorney. The Assistant City Attorney shall meet the same requirements as to qualifications of the City Attorney. The Assistant City Attorney shall be recommended by the City Attorney and appointed by the Mayor and approved by the council. The Assistant City Attorney may perform any and all duties as the City Attorney. Any compensation to be paid to the Assistant City Attorney shall be paid by the City Attorney, with no additional costs or expenses to the City.

(Ord. 1731, Secs. 1:5; Ord. 2252)

1-314 Lake caretaker/part-time lake police officer/building inspector.

(a)There is hereby created the position of lake caretaker; part time lake police officer; and building inspector for the city.

(1)The duties of the lake caretaker and part-time police officer shall include the supervision and maintenance of the council Grove City Lake and is to enforce the city ordinances upon the council Grove Lake property.

(2)The duties of the building inspector are set out by city ordinances previously adopted by the city.

(b)The Council Grove Lake Caretaker; part-time lake police officer and building inspector will perform any and all duties that may be prescribed by city ordinances, city rules or regulations and such other duties that may be prescribed by the mayor and council including the enforcement of all city ordinances of the city and such other duties as prescribed by law enforcement officers as set forth in the city ordinances, rules and regulations.

(Ord. 1770, Secs. 1:4)

1-315 Oath.

All officers and employees of the city, whether elected or appointed, either under the laws of the State of Kansas or ordinances of the city, shall before entering upon the duties of their respective offices, take and subscribe an oath or affirmation as follows:

Oath: “I do solemnly swear (or affirm, as the case may be) that I will support the Constitution of the United States and the Constitution of the State of Kansas and faithfully discharge the duties of (here enter name of office or position). So help me God.”

Affirmation: “I do solemnly, sincerely and truly declare and affirm that I will support the Constitution of the United States and of the State of Kansas and faithfully discharge the duties of (enter name of office or position). This I do under the pains and penalties of perjury.”

(K.S.A. 75-4308, 54-104, 54-106; R.O. 1958, 1-401; Code 2019)

1-316 Oaths filed.

All officers and employees required to take and subscribe or sign an oath or affirmation shall be supplied the forms for the purpose at the expense of the city and upon taking and subscribing or signing any such oath or affirmation, the same shall be filed by the city clerk.

(R.O. 1958, 1-403)

1-317 Bonds required.

The following city officers shall each before entering upon the duties of his or her office, give a good and sufficient surety bond to the city, which shall be approved by the governing body. The bond shall be in the following amount:

(a)City treasurer - $3,000;

(b)City clerk - $1,000;

(c)Municipal judge - $1,000

(d)Water and sewer superintendent - $1,000.

(Code 1981)

1-318 Other bonds.

All treasurers of city board, the bond committee and the Fireman’s Relief Association shall give bonds in such sums as prescribed by the laws of the State of Kansas, or fixed by the governing body.

(R.O. 1958, 1-405)

1-319 Condition of bonds.

Each of the bonds required in sections 1-314:315 of this article shall be conditioned for the faithful performance of duty and all acts required by the laws of Kansas and the ordinances of the city and for the application and payment over to the proper persons of all moneys or property coming into the hands of each such officer by virtue of his or her office.

(R.O. 1958, 1-406)

1-320 Approval of bonds.

All bonds given to the city shall be approved as to form by the city attorney and as to surety and sufficiency by the governing body, unless otherwise provided by the laws of the State of Kansas.

(R.O. 1958, 1-407)

1-321 Residency requirement.

(a)The city clerk, chief of police, and city administrator shall be residents of Morris County.

(b)The city attorney and municipal judge shall be residents of Morris County or an adjoining county and be must be licensed to practice before the State Supreme Court. Either position may be filled by a resident of any Kansas county, if determined by the city council to be necessary due to lack of available attorneys in the immediate area.

(c)All other city employees subject to frequent call-outs are to reside within a reasonable distance to their place of employment. A reasonable distance shall be established by the city council considering the nature of their employment.

(d)If any appointed employee of the City of Council Grove should fail to meet the residency requirements or should move so that they do not qualify for the residence requirements, the same will be considered as a vacancy in such office.

(Ord. 1959; C.O. No. 16; Code 2019; C.O. No. 18)