CHAPTER I. ADMINISTRATIONCHAPTER I. ADMINISTRATION\Article 2. Governing Body

The governing body shall consist of a mayor and city council to be elected as set out in Chapter 6 of this code.

(Code 1998)

All powers exercised by cities of the second class or which shall hereafter be conferred upon them shall be exercised by the governing body, subject to such limitations as prescribed by law. All executive and administrative authority granted or limited by law shall be vested in the mayor and city council as governing body of the city.

(K.S.A. 12-103; Code 1998)

(a)   Regular meetings of the governing body shall be held every other Monday at 5:00 P.M. In the event the regular meeting day shall fall on any legal holiday or any day observed as a holiday by the city offices, the governing body shall fix the succeeding day not observed as a holiday as a meeting day. In addition, a regular meeting of the governing body shall be held at 5:00 P.M. on the second Monday of January in each even-numbered year, beginning with 2018, for the purpose of allowing newly elected city governing body members to take office, and for the conduct of such other business as the governing body may desire.

(b)   Special meetings may be called by the mayor or acting mayor, on the written request of any three members of the council, specifying the object and purpose of such meeting, which request shall be read at a meeting and entered at length on the journal.

(c)   Regular or special meetings of the governing body may be adjourned for the completion of its business at such subsequent time and place as the governing body shall determine in its motion to adjourn.

(K.S.A. 14-111; Ord. 1093; Ord. 1309; Code 2018; Ord. 1341)

In all cases, it shall require a majority of the councilmembers-elect to constitute a quorum to do business.

(K.S.A. 14-111; Code 1998)

The mayor shall preside at all meetings of the governing body. The mayor shall have the tie-breaking vote on all questions when the members present are equally divided. The mayor shall:

(a)   Have the superintending control of all officers and affairs of the city;

(b)   Take care that the ordinances of the city are complied with;

(c)   Sign the council and appointments of all officers elected or appointed;

(d)   Endorse the approval of the governing body on all official bonds;

(e)   From time to time communicate to the city council such information and recommend such measures as he or she may deem advisable;

(f)   Have the power to approve or veto any ordinance as the laws of the state shall prescribe;

(g)   Sign all orders and drafts drawn upon the city treasury for money.

(K.S.A. 14-301:307; Code 1998)

The city council shall elect one of its own body as president of the council. The president of the council shall preside at all meetings of the council in the absence of the mayor. In the absence of both the mayor and the president of the council, the council, shall elect one of its members as “acting president of the council.” The president and acting president, when occupying the place of mayor, shall have the same privileges as other councilmembers but shall exercise no veto.

(K.S.A. 14-308; C.O. No. 1984-1, Sec. 4; Code 1998; C.O. No. 2016-3; Code 2018)

The governing body may designate whether the administration of a policy or the carrying out of any order shall be performed by a committee, an appointive officer, or the mayor. If no administrative authority is designated it shall be vested in the mayor.

(Code 1998)

(a)   No person shall be eligible for the office of Council Member who is not at the time of filing and election an actual resident of the ward from which elected. If any Council Member moves from the ward from which elected, the office shall be deemed vacant. Whenever a vacancy occurs, the Governing Body shall appoint an elector of the ward where the vacancy occurs to be Council Member for the remainder of the unexpired term. The Governing Body shall appoint an elector to fill a vacancy within sixty (60) days of the vacancy. If the Governing Body fails to fill the vacancy within sixty (60) days, the City shall hold an election to fill the vacancy within sixty (60) days.

(b)   If a vacancy occurs in the office of the Mayor by death, resignation, removal from the City, removal from office, refusal to qualify, or otherwise, the President of the Council shall vacate his seat as a Council Member and become the Mayor for the remainder of the unexpired term. Thereupon, the Council shall elect from its membership a new President of the Council. The vacancy created upon the Council President becoming the Mayor shall be filled pursuant to subsection (a).

(C.O. No. 1984-1, Sec. 4; Code 1998; C.O. No. 2016-3; Code 2018)

Members of the governing body shall receive compensation as follows: Councilperson $375/month, and Mayor $425/month.

(Code 1998; Ord. 1365)

Each member of the governing body shall receive for his or her services and as reimbursement for his or her expenses, compensation as follows:

(a)   Mileage at the same rate as is established by law by the state of Kansas for state employees for each mile traveled by the shortest route upon the performance of duties assigned by the mayor and/or council.

(b)   Reimbursement for actual food and lodging expenses upon the performance of duties assigned by the mayor and/or council, provided such expenses shall be documented by proper receipts.

(Code 1998)

There is hereby incorporated by reference for the purpose of establishing a code of procedure for the conduct of city council meetings of the City of Girard, Kansas, that certain code known as the “Code of Procedure for Kansas Cities,” 4th Edition, 2017, prepared and published in book form by the League of Kansas Municipalities, Topeka, Kansas, save and except such articles, sections, parts or portions as are hereafter omitted, deleted, modified or changed. At least one copy of said Code of Procedure for Kansas Cities shall be marked or stamped “Official Copy as Incorporated by the Code of the City of Girard, Kansas,” with all sections or portions thereof intended to be omitted or changed clearly marked to show any such omission or change and to which shall be attached a copy of this section, and filed with the city clerk to be open to inspection and available to the public at all reasonable hours.

(Code 1998; Code 2018)

(a)   Declaration of Policy - The proper operation of our government requires that public officials and employees be independent, impartial and responsible to the people; that governmental decisions and policy be made in the proper channels and that the public have confidence in the integrity of its government. In recognition of those goals, there is hereby established a Code of Conduct for all officials and employees, whether elected or appointed, paid or unpaid. The purpose of this code is to establish ethical standards by setting forth those acts or actions that are incompatible with the best interests of the city.

(b)   Responsibilities of Public Office - Public officials and employees are agents of public purpose and hold office for the benefit of the public. They are bound to uphold the Constitution of the United States and the Constitution of this State and to carry out impartially the laws of the nation, state, and city and thus to foster respect for all government. They are bound to observe in their official acts the highest standards of morality and to discharge faithfully the duties of their office regardless of personal considerations, recognizing that the long-term public interest must be their primary concern. They should be vigorously dedicated to the democratic ideal of honesty, openness and accountability in all public matters involving city government. Their conduct in both their official and private affairs should be above reproach.

(c)   Dedicated Service - All officials and employees of the city should be responsive to the political objectives expressed by the electorate and the programs developed to attain those objectives. Appointive officials and employees should adhere to the rule of work and performance established as the standard for their positions by the appropriate authority. They should strive for excellence and continuous learning in personal development and in all operations of city government. Officials and employees should not exceed their authority or breach the law or ask others to do so, and they should work in full cooperation with other public officials and employees unless prohibited from so doing by law or by officially recognized confidentiality of their work.

(d)   Fair and Equal Treatment –

(1)   Interest in Appointments. Canvassing of members of the city council, directly or indirectly, in order to obtain preferential consideration in connection with any appointment to the municipal service shall disqualify the candidate for appointment except with reference to positions filled by appointment by the city council.

(2)   Use of Public Property - No official or employee shall request or permit the use of city-owned vehicles, equipment, materials or property for personal convenience or profit, except when such services are available to the public generally or are provided as city policy for the use of such official or employee in the conduct of official business.

(3)   Obligations to Citizens - No official or employee shall grant any special consideration, treatment, or advantage to any citizen beyond that which is available to every other citizen.

(e)   Conflict of Interest - Specific conflicts of interest are enumerated below for the guidance of officials and employees:

(1)   Interest in Appointments. Canvassing of members of the city council, directly or indirectly, in order to obtain preferential consideration in connection with any appointment to the municipal service shall disqualify the candidate for appointment except with reference to positions filled by appointment by the city council.

(2)   Use of Public Property - No official or employee shall request or permit the use of city-owned vehicles, equipment, materials or prope1ty for personal convenience or profit, except when such services are available to the public generally or are provided as city policy for the use of such official or employee in the conduct of official business.

(3)   Obligations to Citizens - No official or employee shall grant any special consideration, treatment, or advantage to any citizen beyond that which is available to every other citizen. Elected and appointive city officials and employees should be a model of decorum, respect for others and civility in all public relationships.

(e)   Conflict of Interest - Specific conflicts of interest are enumerated below for the guidance of officials and employees:

(1)   No elected or appointive city official or employee, shall, without proper legal authorization, disclose confidential inf01mation concerning the property, government or affairs of the city. Nor shall he or she use such information to advance the financial or other private interest of himself, herself or others.

(2)   No elected or appointive city official or employee shall accept any valuable gift greater than $100 in value, whether in the fo1m of service, thing or promise, from any person, firm, or corporation which to his or her knowledge is interested directly or indirectly in any manner whatsoever in business dealings with the city; nor shall any such official or employee (a) accept any gift, favor or thing greater than $100 value that may tend to influence him or her in the discharge of his or her duties or (b) grant in the discharge of his or her duties any improper favor, service, or thing of value. The prohibition against gifts or favors shall not apply to: (a) an occasional nonpecuniary gift, of only nominal value or (b) an award publicly presented in recognition of public service or (c) any gift which would have been offered or given to him or her if not an official employee.

(3)   No elected or appointive city official or employee shall solicit gratuities, favors or anything of monetary value from contractors, potential contractors or parties to sub-agreements.

(4)   No elected or appointive city official or employee whose salary is paid in whole or in part by the city shall appear in behalf of private interest before any agency of this city. He or she shall not represent private interests in any action or proceeding against the interest of the city in any litigation to which the city is a party.

(f)   Violations of this Code of Conduct by the City’s elected officials, appointed officials, officers, employees or agents of the City shall be prosecuted to the fullest extent permitted according to Local, State, and Federal law or regulations.

(Code 1998; Ord. 1327)