The Mayor shall appoint, by and with the consent of the Council, city officers in the positions of City Administrator, Judge of the Municipal Court, City Attorney, Chief of Police, City Clerk, City Treasurer, and Fire Chief. Officers shall be appointed in November of even-numbered years to take office on January first (1st) of the following year. Appointments thereafter shall occur every two (2) years for all such positions whose terms have expired. All other employees of the City of Girard, except seasonal employees, shall be hired and terminated by a majority vote of the Governing Body. Seasonal employees may be hired upon the agreement of the Mayor, the City Administrator, City Clerk, and the Department Head without council approval. The Governing Body shall by ordinance specify the duties and compensation of the office holders, and by ordinance may abolish an office created by the Governing Body whenever deemed expedient. The Governing Body may retain a licensed Professional Engineer to act in the capacity of City Engineer for specifically defined duties and provide for reasonable compensation for the services rendered.
(C.O. No. 1984-1; C.O. No. 2016-3; Code 2018; C.O. No. 2021-01; Ord. 1355)
All other employees, except seasonal employees and temporary part-time, shall be hired by majority vote by all members of the governing body. Compensation in terms of employment shall also be determined by majority vote of the governing body. Seasonal employees may be hired upon the agreement of the Mayor, the City Administrator, City Clerk, and the Department Head without Council approval. Part-time employees may be hired as temporary part-time upon the agreement of the Mayor, City Administrator, City Clerk and the Department Head without Council approval but those temporary part-time employees must be placed on the consent agenda at the next regularly scheduled Council meeting for approval by a majority vote of the governing body to become part-time employees.
(Code 1998; Ord. 1355; Ord. 1364)
A majority of all members elect of the governing body may remove any appointed officer or employee.
(K.S.A. 14-205; Code 1998; Ord. 1356)
Whenever a vacancy occurs in any employee for whatever reason, the vacancy shall be filled by majority vote of the governing body.
(K.S.A. 14-205; Code 1998; Ord. 1356)
The governing body of the city shall have the authority to appoint a city administrator for the city who shall be the administrative head of the municipal government under the direction of the governing body and the mayor.
(Ord. 962; Ord. 1310; Code 2018)
Residency requirements as applicable to the city administrator shall be determined by the employment contract if the requirements differ from the requirements set forth in the personnel policy.
(Ord. 962; Ord. 1310; Code 2018)
The city administrator shall be appointed by a majority vote of all the members of the governing body. The term of the city administrator shall be determined by employment contract.
(Ord. 962; Ord. 1310; Code 2018)
(Ord. 962; Ord. 1310; Code 2018; Ord. 1356)
Except as otherwise provided by law or the ordinances of the city, the city administrator shall:
(a) Direct, control, and supervise all the administrative departments and services of the city;
(b) Recommend to the mayor and council suitable persons to be hired or appointed to carry out the functions of the city and make recommendations for the termination of employment or suspension of employees when such action is deemed necessary and appropriate;
(c) Supervise the duties of all employees of the city through the respective department heads excluding the appointive offices of municipal judge and city attorney who shall be responsible to the mayor and council;
(d) Prepare a proposed annual budget and submit the same to the governing body prior to the time required for publication of the proposed budget and budget hearings to be conducted by the governing body;
(e) Oversee and communicate to the governing body the status of the city’s finances;
(f) Exercise general supervision and control over all city purchases and expenditures within budgetary limitations and recommend purchasing policies to the governing body;
(g) Recommend to the governing body a schedule of salaries for all officers and employees;
(h) Arrange for the care and management of all city owned property and equipment;
(i) Recommend to the governing body the adoption of ordinances, resolutions, policies and procedures deemed in the best interests of the city;
(j) Attend insofar as possible all meetings of the governing body and its subordinate planning commissioners and boards and regularly report the status of the city to the planning commissions, boards and the governing body;
(k) Research opportunities to provide and enhance municipal services and submit planning proposals for implementation to the governing body for consideration;
(l) Make recommendations to the governing body for the most efficient administration of all city departments and the provision of maximum benefit to the citizens of the city;
(m) Perform such other duties as the governing body may direct.
(Ord. 962; Ord. 1310; Code 2018)
In the event of a vacancy of the appointive office of the city administrator, the city clerk shall serve as the interim city administrator until the governing body makes an appointment to the position of interim city administrator or city administrator. A vacancy may occur due to death, resignation or removal from office. Any person appointed to fill such vacancy shall serve only until the next regular time of appointment or serve a term as determined by employment contract.
(Ord. 962; Ord. 1310; Code 2018)
(a) The city clerk shall attend all meetings of the council, keep a true record of its proceedings, and also keep a record of all his or her official acts, and when necessary shall attest them. He or she shall also keep and preserve in his or her office the corporate seal of the city, all records, public papers and documents of the city not belonging to any other officer. He or she shall be authorized to administer oaths; and the copies of all papers filed in his or her office, and transcript from the records of the proceedings of the council, including ordinances duly certified by him or her under the corporate seal of the city, shall be taken as evidence in all courts of the state without further proof. The clerk shall draw all warrants on the city treasurer and perform such other duties as may be prescribed by ordinance. He or she shall receive a salary which shall be fixed by ordinance.
(b) It shall be the duty of the city clerk to examine in detail all bills, accounts and claims against the city, and if found correct sign his or her name in approval thereof, but if found incorrect he or she shall refuse to approve to allow the same. It shall be the duty of the council to install a complete system of municipal accounting especially adapted to the needs of the city, and the city clerk shall be the general accountant of the city, and shall keep in books regular accounts of all real, personal and mixed property of the city, of all receipts and disbursements of money, and under proper heads each source of receipt and the cause of its disbursement; and shall also keep an account with each person, including the officers, who have money transactions with the city, crediting the amounts allowed by proper authority and specifying the particular transactions to which such entries apply.
(c) The city clerk shall also keep separate accounts of each and every appropriation made by the council showing the date thereof and the purpose for which the same is made. He or she shall also keep a separate account with each department of the city government and such other accounts as may be necessary to show a complete financial statement of the city, and he or she shall be prepared at every regular meeting of the council to give such information concerning the finances of the city as the board may require. The city clerk shall, at the end of each month, strike a trial balance of all books, showing a complete and accurate statement of the financial affairs of the city. Such balance shall be published in the official paper.
(d) At the close of the fiscal year it shall be the duty of the city clerk to make a complete and accurate statement, showing in detail the financial receipts of the city from all sources and the expenditures of the city for all purposes, together with a detailed statement of the debts of the city and the purposes for which they were incurred, and all the property of the city and the income derived therefrom, if any. It shall also be his or her duty, at least once each month, to examine the books of account of all officers of the city charged with the receipt and disbursement of money, and if they are found incorrect to at once make a report in writing of the same to the commissioner of finance and revenue. It shall also be his or her duty to examine all warrants and countersign same, after appropriation has been duly made by the council and he or she shall render such other services from time to time as the board may direct.
(Code 1972, 2.04.040)
The city treasurer shall:
(a) Keep a full and accurate record of all money received and paid out in a ledger book provided by the governing body;
(b) Publish an annual financial statement;
(c) Deposit all public moneys and sign all checks of the city;
(d) Pay out city funds only upon orders or warrants properly signed by the mayor and city clerk;
(e) 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; Code 1972, 2.04.060; Code 1998)
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 all meetings of 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 in writing;
(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 governing body;
(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 1972, 2.04.050; Code 1998)
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 1998)
(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) of this section 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. 75-4301; Code 1998)