Chapter I · Administration

ARTICLE 3. APPOINTIVE OFFICERS AND EMPLOYEES

Sections 1-301 to 1-310 · 10 sections

1-301 Officers; appointive; removal.

At the first regular meeting of the Governing Body in May of each year, the Mayor, with the consent of the Council, may appoint the following City officers: A City Clerk, an Assistant City Clerk, a Treasurer, Chief of Police and such other law enforcement officers as deemed necessary, Utility and Street Superintendent, Municipal Judge, City Attorney, and Animal Control Officer, Building Code Inspector and Zoning Administrator. Such officers shall hold an initial term of office not to exceed one (1) year, and until their successors have been appointed and qualified. Any officers who are reappointed shall hold their offices for a term of one (l) year, and until their successors are appointed and qualified. The duties and pay of the various officers shall be regulated by ordinance. Any officer may be removed by a majority vote of the total membership elected or appointed to the Governing Body and may be suspended at any time by the Mayor.

(K.S.A. 15-204; R.O. 1965, Sec. 1-301)

1-302 City clerk; duties.

The City Clerk’s office shall be open at such times as may be fixed by the Governing Body. The Clerk shall attend all meetings of the Governing Body and make and keep a record of all proceedings and meetings of the Governing Body in minute form entered in the journal of proceedings. In the absence of the Clerk from any meeting, the presiding officer shall appoint a member of the Governing Body to keep an account of the proceedings and report the same to the Clerk, unless the Assistant Clerk shall be in attendance. The Clerk shall carry on the official correspondence of the City, giving the same prompt attention, and shall present for the consideration of the Mayor and Governing Body at each meeting all correspondence received and replies given by the Clerk. The Clerk shall have charge of the corporate seal of the City and shall affix the same to the official copy of all documents, deeds, contracts and similar documents required to be authenticated, and shall be authorized to administer oaths for all purposes pertaining to the business and affairs of the City. The Clerk shall be the custodian of all City records, books, papers, contracts, petitions, documents and other personal effects belonging to the City not properly pertaining to any other office, and shall keep suitable files and records of the same.

In addition, the Clerk shall:

(a)Receive and audit all claims against the City and shall present them for consideration at the regular meeting each month.

(b)Prepare appropriation ordinances for payment of all claims allowed by the Governing Body.

(c)Draw warrants and checks only when appropriations to pay claims against the City have been made by ordinance.

(d)Be prepared to report to the council at its regular meeting each month in regard to the financial condition of the funds of the City, so that the Governing Body may not create debts nor authorize the issuance of warrants in violation of the budget law or cash basis law, relating to the duties of city officers.

(e)Keep a separate account of each fund .of the City, whether the funds be derived from taxation or otherwise, and no money belonging to one fund shall be placed to the credit of another fund or be transferred to another fund unless there is a lawful authority for the same.

(f)In addition, the Clerk shall render such assistance as may be required by the Governing Body in preparing the annual City budget, any ordinance for the levying of taxes, and shall certify the same to the County Clerk in the form and manner required by law, together with a copy of the budget, and further, that a copy of said budget shall be filed with the State Department of Post Audit.

(g)Shall keep a fully accurate account of all bonds issued by the City, recording them in the book by date, number, amount thereof, rate of interest, number of each coupon, amount of each, to whom payable, where payable and when cancelled upon receipt of the same to the City.

(h)Keep a record of all special assessments made by the Governing Body for any purpose, and shall certify said assessments to the County Clerk for collection and payment in a manner provided by law.

(i)Shall act as withholding agent of the City for the purpose of complying with all laws, rules and regulations of any taxing authority and shall maintain a suitable record of the sums so withheld from wages and salaries and remit the same to the proper taxing authority as may be required by their rules and regulations.

(R.O. 1965, Sec. 1-303)

1-303 Ordinances; duties of city clerk.

After an ordinance shall have been passed, the Clerk shall assign to it a number. Appropriation ordinances may be numbered in a separate series. The Clerk shall cause all ordinances, except appropriation ordinances, to be published in the official City newspaper, at least once, unless the statute requires more publications. The Clerk shall maintain an “Ordinance book” in which shall be entered at length in plain and distinctive handwriting or typewriting or printed copy of every ordinance, immediately after passage, and appropriation ordinances may be entered in a separate ordinance book. Each ordinance entered in the ordinance book shall contain a certificate substantially as follows: “I hereby certify that the foregoing is a true and correct copy of the original ordinance; that said ordinance was passed on the day of, that the record of the final vote on its passage is found on page of the Journal; that it was published in the (name of the newspaper) on the day of.

(K.S.A. 12-3006, 3007, 3008; R.O. 1965, Sec. 1-304)

1-304 City treasurer; duties of office.

The City Treasurer shall:

(a)Receive and safely keep all monies belonging to the City, making duplicate receipts therefor, giving one to the Clerk and retaining one copy.

(b)Keep proper records and accounts of all monies received and disbursed from any source or fund on behalf of the City, specifying the time of receipt and disbursement, from whom received, and to whom disbursed on account of the City;

(c)Publish or cause to be published a quarterly financial statement of the City in the manner and style required by the laws of the State of Kansas.

(d)Deposit all funds of the City in a depository bank or banks within the City, and only after the same has been designated by the Governing Body and after the depository bank shall have given security in those instances when a depository of public funds must give security. All such deposits shall be made in the name of the Treasurer of the City of Wakefield.

(e)Pay out funds of the City upon warrants or checks properly signed by the Mayor, attested by the Clerk and countersigned; cancel all warrants as soon as paid, and verify the payment of said checks or warrants as stamped by the depository bank.

(R.O. 1965, Sec. 1-305)

1-305 Chief of police; duties of officers.

The Chief of Police shall have power to make arrests with process issued by the Municipal Court, or without process on view of any offense against the laws of the State of Kansas or the ordinances of the City, or to order the arrest under proper process of all offenders against the laws or ordinances, and to keep all persons so arrested in lawful custody until such persons arrested shall have made bond or until trial before the proper officer. That any other duly appointed law enforcement official of the City shall the same powers as conferred upon the Chief of Police and shall be subject only .to the orders of the Chief of Police. All persons arrested for violation of any law of the State and who shall not be charged with an offense under an ordinance of the City shall be released to the custody of the Sheriff of Clay County, Kansas, and such arrest shall be reported to the County Attorney. All law enforcement officers shall make a written report of all arrests made by them and the Chief of Police shall report at the regular monthly meeting of the Governing Body the activity for his department during the past month.

(R.O. 1965, Sec. 1-306)

1-306 Street commissioner; duties.

It shall be the duty of the Street Commissioner to have supervision of keeping in repair all streets, alleys and public thoroughfares of the City. The Street Commissioner shall have such other duties as may be prescribed by ordinance or as authorized and directed by the Governing Body. The Superintendent of Utilities shall perform the duties of Street Commissioner unless otherwise provided by ordinance.

(K.S.A. 15-204; R.O. 1965, Sec. 1-307)

1-307 Superintendent of utilities.

The office of Superintendent of Utilities is hereby established. The Superintendent of Utilities shall have the charge, care and operation of the waterworks system, sewer system and sewage disposal system, and the tools, equipment and machinery used in connection with such systems. The Superintendent of Utilities shall perform the duties of Building Code Inspector, Plumbing Inspector, Electrical Inspector and Gas Inspector unless otherwise provided by ordinance. The Superintendent of Utilities shall have such other duties as may be prescribed by ordinance or as authorized by the Governing Body.

(K.S.A. 15-204; R.O. Sec. 1-308)

1-308 Appointive officers; general duties.

The foregoing provisions of this Article shall not be construed to limit the duties of the City Officers therein named and they shall have additional duties as may be required by the Mayor and Governing Body f or the general operation and maintenance of City streets, utilities and public grounds. The Governing Body may create other City offices as the City may require and may abolish any office herein established which shall not have been created by the laws of the State of Kansas f or cities of the third class.

(K.S.A. 15-204; R.O. 1965, Sec. 1-309)

1-309 Vacancies in office.

All vacancies in office, except in the offices of Mayor and Councilpersons, may be filled until the regular time f or appointment by appointment by the Governing Body. Every appointment to office, the date thereof shall be entered on the journal of the proceedings of the Council.

(K.S.A. 15-209; R.O. 1965, Sec. 1-3010 and 1-310)

1-310 Salaries prorated, combined offices.

Salaries shall be charged to the several departments served, and where an officer or employee serves two (2) or more departments, his or her salary shall be prorated between the proper funds. The Mayor and Governing Body ‘ may appoint one person to two or more City offices or employments when the performance of the duties of such offices or employments shall not be incompatible or prohibited by law.

(R.O. 1965, Sec. 1-311)