The Mayor, with the consent of the Governing Body, may appoint, at the first regular meeting of the Governing Body in February following a municipal election, the following city officers: a city attorney, a judge of the municipal court, a city clerk, a city treasurer, a city police chief and a city fire chief. The duties and compensation of such officers shall be determined from time to time by action of the Council.
(K.S.A. 15-204; Ord. 3; C.O. No. 11; Code 2021)
The Mayor, with the consent of the Governing Body, shall have authority to hire all other employees, or such authority may be delegated to the respective department heads.
(Code 2021)
A majority of all the members of the Governing Body may remove any such officers; if for good cause, the Mayor may remove any such officer with the consent of the Governing Body.
(K.S.A. 15-204; Ord. 3; C.O. No. 11; Code 2021)
Appointed officers of the City of Linn Valley, Kansas, need not be qualified electors of said city and may reside outside of said area of said city. All vacancies in office, except the offices of mayor and councilmen, may be filled until the next regular time for appointment by appointment of the Governing body.
(K.S.A. 15-209; Ord. 3; C.O. No. 11; C.O. No. 12; Code 2021)
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.
(g) Deposit all public moneys;
(h) Pay out the funds of the city upon warrant and checks properly signed by the mayor, city clerk, and city treasurer;
(i) Issue all notices concerning the cutting of weeds, abatement of nuisances and such other notices as may be required by the city ordinances, and the state laws to be issued, and shall perform such other and further duties as may be provided by the council.
(Ord. 4; Code 2021)
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 2021)
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.
(Ord. 4, Code 2021)
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 actor 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 of the Kansas statutes.
(Code 2021)
(a) The office of assistant city clerk is hereby established. The mayor may 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 2021)
The city treasurer shall:
(a) Receive all moneys belonging to said city giving a receipt therefor, and for all moneys received by the city from any other source than the city clerk, the treasurer shall give duplicate receipts, causing one of the two to be filed with the city clerk;
(b) Open a ledger account in a book provided by the city and keep therein a record of all money received and paid out;
(c) Publish or cause to be published annual statements of the financial records of the city in the manner and style provided by law;
(d) Pay out of the funds of the city only upon orders or warrants properly signed by the Mayor and City Clerk;
(e) Cancel all orders and warrants as soon as paid and shall file them at the time of making quarterly settlements subject to the inspection of the council in the office of the city clerk, and in cancelling said warrants and orders, the treasurer shall use a rubber stamp and indelible red ink provided for that purpose by the city council;
(f) File with the city clerk on the first day of each month a complete report of the receipts and expenditures of the city during the preceding month, showing the day, amounts received and deductions from and the balance in each fund;
(g) Sign all checks of the city;
(h) 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; Ord. 5; Code 2021)
The city attorney shall:
(a) Attend meetings of the governing body when so directed to attend by the governing body;
(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) When requested by the governing body 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 2021)
The city engineer shall be a licensed professional engineer in the State of Kansas. He or she shall be responsible for:
(a) The design and specifications for all city streets, sewers, water lines, public buildings and other public facilities;
(b) The inspection of all public works projects including streets, sewers, water lines and other public facilities;
(c) The general supervision of the maintenance and repair of all public facilities.
(Code 2021)
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 2021)
(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) 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. 74-4301; Code 2021)