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, chief of police 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.
(K.S.A. 15-204; Code 2019)
The mayor shall have authority to hire all other employees, or such authority may be delegated to the respective department heads.
(Code 2019)
(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 suspended by the mayor upon recommendation of the respective department heads.
(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. 15-204; Code 2019)
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 2019)
The city clerk shall:
(a) Employee such administrative staff, with the consent of the mayor, as is necessary;
(b) 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;
(c) Carry on all 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 the 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.
(Code 2019)
The city clerk shall:
(a) Prepare and keep suitable fiscal records as required by Kansas law;
(b) Prepare and submit the annual city 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 2019)
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 2019)
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 2019)
(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 the 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) If it is determined by the governing body that the city clerk is not able to perform the duties of the city clerk and/or that the city clerk is absent from or will not be expected to be within the City limits of the City of Plainville, Kansas, for a period of time exceeding 720 consecutive hours, then in that event the governing body may authorize the assistant city clerk to fulfill all of the duties of city clerk for a specified duration.
(e) The assistant city clerk shall further perform those duties assigned to that office by the governing body.
(f) Compensation of the assistant city clerk shall be set by motion passed by the governing body.
(Code 2019)
The city treasurer shall perform such duties as may be prescribed by the governing body or the Kansas statutes.
(K.S.A. 10-803; K.S.A. 12-1608; Code 2019)
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 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 2019)
(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 1-401. If there is no city prosecutor, the city attorney shall serve in such capacity.
(c) If the city prosecutor has a conflict of interest, the city prosecutor is authorized to appoint an assistant to prosecute the case in which the conflict arises.
(Code 2019)
The chief of police shall perform such duties as are imposed upon peace officers by law and ordinances. He or she shall:
(a) Employ all police officers, and appoint such special police, with the consent of the mayor, as are necessary;
(b) Have the power to make arrests with or without process, or to order the arrest of all offenders against the criminal laws of the State of Kansas, or of the city, by day or night;
(c) Keep all persons arrested in the city prison, county jail, or other place and prevent their escape until trial can be had before the proper officer; and
(d) Execute all processes issued by the municipal judge and delivered to him or her for that purpose.
(Code 2019)
The Public Works Supervisor shall:
(a) Employ all public works employees, and hire such trucks, vehicles and other services, with the consent of the mayor, as necessary;
(b) Supervise the keeping in repair of all streets, alleys, and other public thoroughfares of the city, in the performance of which duty he or she shall have charge of the cleaning of and removal of snow and ice from all crosswalks, sidewalks, and gutters;
(c) Have control, care and supervision of the city park;
(d) Report to the city clerk all property upon which weeds are growing in violation of the ordinances of the city, and after notice has been duly given by the city clerk and failure to cut the same by the property owner he or she shall see that the weeds are cut and certify the costs of cutting to the city clerk for placing upon the tax rolls.
(e) Have charge of the trimming of trees standing in the parking of city streets, and shall cause to be removed from the streets fallen trees, stones, dead animals or any other obstructions; and
(f) Make a quarterly report to the city clerk of the number of gallons of water pumped, or of the number of gallons of water metered, and the cost of pumping;
(g) Have supervision of the inspection of all plumbing installations connected to the municipal water system in the city, and recommend to the governing body projects for the improvement or enlargement of the water plant, and supervise these projects on approval by the governing body;
(h) Make and keep up-to-date, a map showing the water mains, gate valves and fire hydrants of the city and file the same in the office of the city clerk; and
(i) Perform such other duties as may be required by the governing body.
(Code 2019)
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.
(Code 2019)