Chapter I · Administration

ARTICLE 4. OFFICERS AND EMPLOYEES

Sections 1-401 to 1-420 · 20 sections

1-401 Director of finances; city clerk.

A director of finance shall be appointed who shall have general supervision and control of the fiscal affairs of the city. He or she shall also serve as city clerk and perform the authorized and necessary duties of such office.

(Code 1972, 2-117; Code 1984)

1-402 Same; duties.

In his or her capacity as city clerk, 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 and which shall at all reasonable times be open to public inspection and available to the other offices and employees of the city;

(b)Be collector and cashier of the utilities department or departments and receive and account for all funds coming to or disbursed by the city by reason of the operations thereof;

(c)Carry on all the official correspondence of the city;

(d)Attend and keep a record of the proceedings of all regular and special meetings of the governing body;

(e)Enter every appointment of office and date thereof in the journal;

(f)Enter or place each ordinance of the city in the ordinance books after its passage;

(g)Publish all ordinances, except those appropriating money, and such resolutions, notices and proclamations as may be required by law or ordinance;

(h)May destroy the records, documents or papers of the city in accordance with K.S.A. 12-120 through 12-124 and amendments thereto; and

(i)Perform such other duties prescribed by state law or ordinances of the city.

(Code 1972, 2-122:128; Code 1984)

1-403 Same; seal, oath.

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 the city clerk’s office.

(Code 1972, 2-127; Code 1984)

1-404 Same; fiscal duties.

In his or her capacity as director of finances, the finance director shall:

(a)Prepare and keep suitable fiscal records according to generally accepted accounting principles, subject to Charter Ordinance No.7, which exempts the city from maintaining fixed asset records and accountings;

(b)Issue warrants and warrant checks for the payment of claims against the city after their allowance by the governing body;

(c)Receive pay into the city treasury and account for all funds of the city coming to him or her by virtue of his or her office as director of finances and city clerk;

(d)Assist in preparing the annual budget;

(e)Audit all claims against the city for goods and services rendered for the consideration of the governing body, The city clerk’s accounts shall properly show the amounts paid for any fund of the city and the cash balance existing in each fund; .

(f)Keep an accurate account of all bonds issued by the city;

(g)Keep a record of all special assessments;

(h)Comply with all of the provisions of the Cash Basis Act (Art. 11, Ch. 10, K.S.A.); and

(k)Render such other services from time to time as the city manager and governing body may direct.

(Code 1972, 2-117,119,121, 2-130:132; C.O. 7; Code 1984)

1-405 Same; withholding agent.

The director of finances is hereby 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.

(Code 1972, 2-120; K.S.A. 75-3042; Code 1984)

1-406 Deputy city clerk.

There shall be appointed a deputy city clerk who shall also serve as deputy director of finances, and may perform any duty imposed upon the director of finances or city clerk as may be required in the absence of such officer or otherwise. He or she shall give such bond as may be required by the commission.

(Code 1972, 2-118; Code 1984)

1-407 City treasurer.

The city treasurer shall keep a full and accurate record of all moneys received and disbursed by him or her in behalf of the city. The city treasurer shall:

(a)Publish a quarterly financial statement;

(b)Deposit all public moneys and sign all checks of the city;

(c)Payout the funds of the city upon warrant and checks properly signed by the city manager and city clerk; and

(d)Perform such other duties as may be prescribed by the governing body or the Kansas statutes.

(Code 1972, 2-144:149; K.S.A. 79-2925 et seq.; K.S.A.10-1101 et seq.; Code 1984)

1-408 Same; moneys from county treasurer.

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 to the county treasurer duplicate receipts, one of which the county treasurer shall file with the city clerk. The city clerk shall keep in a book kept for that purpose and under appropriate heads the amounts so receipted for, the books and vouchers to be for reference in the settlements with the city treasurer and the county treasurer. He or she shall receive and safely keep all money of the city which may come into his or her hands, and disburse the same only in the manner prescribed by law. He or she shall keep in suitable books a full and accurate account of all moneys received and disbursed by him or her in behalf of the city, specifying the time of receipt and disbursement, from whom received and to whom disbursed, and on what account. He or she shall keep a separate account of each fund and appropriation.

(Code 1972, 2-144; Code 1984)

1-409 City attorney.

The city attorney shall be a member of the Kansas Bar and a participating attorney in the State of Kansas and shall:

(a)Represent the city in all actions to which the city is a party;

(b)Advise the 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)Furnish a written form upon any legal question when requested to do so by the governing body or the city manager;

(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 the affairs of the city;

(e)Approve all ordinances of the city as to form and legality;

(f)Attend meetings of the governing body;

(g)Attend planning commission meetings upon the request of the presiding officer; and

(h)Perform such other duties as may be prescribed by the governing body and the Kansas Statutes.

(Code 1972, 2-5; Code 1984)

1-410 Additional departments.

The governing body may create and establish additional departments and offices as may be necessary for the purpose of a more efficient administration and as business may demand. When other departments and offices are created, the officers in charge shall be appointed by the city manager. The duties to be performed and compensation shall be defined and fixed by ordinance.

(Code 1972, 2-6; Code 1984)

1-411 Oath; affirmation.

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; Cope 2006)

1-412 Same; filed.

Each officer and employee shall be supplied the forms for the oath at the expense of the city and upon taking and subscribing or signing such an oath or affirmation, the same shall be filed with the city clerk.

(Code 1984)

1-413 Salary and wage scale schedule.

(a)Salaries within the job classification shall be determined by the city manager. Merit increases above the entry salary may be paid. Eligibility for such increases will be based upon review of performance by the appropriate department head and city manager.

(b)For the purpose of determining the interval, which shall constitute bi-weekly pay period for the payment of bi-weekly salaries in accordance with the provisions of this section, bi-weekly shall constitute a period of two weeks (14 days).

(Ord. 2203, Sec. 1; Ord. 2205, Sec. 1; Ord. 2234, Sec. 1-413)

1-414 Reimbursed expenses.

Whenever a city official, committee member or employee shall be directed to attend any meetings, hearings or to represent the city in any matter, such person shall, upon approval of the city manager, be reimbursed reasonable and necessary travel expenses and such other actual expenses which are reasonable, necessary and proper.

(b)The city manager may authorize’ cash advances for in state travel, whereas all out of state advances must be approved by the city commission.

(Code 1984).

1-415 Same; auto expense.

City employees required to use their personal vehicle in the conduct of official city affairs, shall be reimbursed for their actual mileage at a rate equal to the rate annually fixed by the secretary of administration as the same is proscribed by K.S.A. 75-3203a and amendments thereto, or on a monthly basis, not to exceed $250.00 per month. Mileage shall be paid upon direction of the appropriate department head either from the department fund or petty cash fund as the finance director so directs.

(Code 1984)

1-416 Bond of the mayor and commissioners.

The mayor and each of the commissioners shall, before entering upon the duties of his or her office, give a good and sufficient surety bond, to be executed by a responsible bonding company authorized to do business in Kansas, payable to and for the use and benefit of any such city, in the sum of $5,000, conditioned for the faithful discharge of his or her duties, and that he or she shall save the city harmless from all loss caused by the neglect of duty or malfeasance in office, or for the willful expenditure or misappropriation of any moneys, property or securities of such city in violation of law, and said bond, before being accepted, shall be approved by the district judge of Rice County, Kansas. If the mayor or one of the commissioners is or shall be the custodian of any money or negotiable securities belonging to the city as part. of any trust fund or other fund of the city amounting to more than $5,000 he or she shall, as such custodian of such money or securities, furnish a surety ·bond as herein provided in a sum equal to the total amount of such money and securities in his or her hands as such custodian.

(Code 1972; 2-4; K.S.A. 14-1304; Code 1984)

1-417 Bond; appointive officers and employees.

(a)The following appointive officers and employees shall, prior to performing any duties of their office, give a corporate surety bond, conditional as provided by law and approved by the governing body in the following amounts:

(1)City Manager - $25,000;

(2)Director of Finances and City Clerk - $10,000;

(3)Deputy City Clerk - $10,000;

(4)City Treasurer - $15,000;

(5)Municipal Court Clerk - $5,000;

(6)Municipal Judge - $2,000;

(7)Chief of Police - $2,000;

(8)Law Enforcement Officers - $2,000.

(b)The governing body may provide for the coverage by blanket bond of such officers and employees and in such amounts as the governing body may, by resolution, designate.

(Code 1972, 2-4; K.S.A. 78-111; Code 1984)

1-418 Same; premiums.

All premiums on surety bonds shall be paid by the city.

(Code 1984).

1-419 Same; approval.

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

(Code 1984)

1-420 Surety bonds filing.

All surety bonds shall be filed with the city clerk, except the city clerk’s bond which shall be filed with the city treasurer.

(Code 1984)