[Amended 7-7-2020 by Ord. No. 238]
The Mayor shall, at the first regular meeting of the City Council
in January of each year, by and with the consent of the governing
body, appoint the following officers: City Clerk, City Treasurer,
City Marshal, City Attorney, Municipal Judge, and all other officers
of the City. The Clerk shall enter every appointment to office and
the date thereof on the journal of proceedings.
The Mayor may appoint, as required, by and with the consent
of the Council in addition to the above officers, assistants to such
officers, a deputy City Clerk, a municipal judge pro tem, and policemen.
Officers so appointed, confirmed and qualified, shall hold their
office for a term of one year, and until their successors are appointed
and qualified.
All officers appointed herein need not be qualified electors
of the City and may also serve as City Attorney, municipal judge,
City Treasurer, or law enforcement officers of another municipality
or public agency: Provided, That nothing herein shall authorize the
appointment of nonresidents of this state. The City Attorney shall
be a qualified elector of Johnson County or an adjoining county. The
removal from the City of any officer required by law to be a qualified
elector shall occasion a vacancy in such office. The qualifications
required of assistants shall be the same as those of his principal.
(Ord. 118)
(a)
Officers appointed as herein provided shall qualify for office by
taking and subscribing the following oath: "I do solemnly swear (or
affirm, as the case may be) that I will support the Constitution of
the United States and the Constitution of the State of Kansas, and
faithfully perform the duties of _____, so help me God."
(b)
And securing any bond, certificate, or security as may be required
by the governing body, if required, to secure the faithful performance
of his duties.
No officer as appointed herein shall, unless otherwise provided
by state statute, be removed from office except in the following manner:
(a)
Upon complaint made to the Mayor or president or acting president
of the Council, the same so receiving such complaint shall lay the
same before the governing body at their first meeting thereafter.
The governing body shall carefully and honestly inquire as to the
truth of such complaint and should good cause be found therefor, notify
the officer complained against and accord him a hearing before the
governing body.
(b)
If a majority of all the members of the governing body find from
the proceedings had, that removal is appropriate, they shall forthwith,
by order to be entered upon their journal, remove him from office
and he shall not be again appointed to such office unless 2/3 of the
councilmen-elect consent thereto.
Whenever any vacancy shall happen in any appointed office or
committee of the City by death, resignation, removal from the City,
removal from office, refusal to qualify or other reason, the Mayor,
by and with the consent of the Council, shall appoint his successor
for the balance of the unexpired term.
(a)
It shall be the duty of the City Clerk to attend all Council meetings
of the governing body, to be custodian of the City records and to
take and keep a record of all proceedings and meetings of the City
Council in a minute book and, when necessary, to attest them. The
City Clerk shall make a record of all ordinances passed by the City
Council in an ordinance book, and shall cause all such ordinances
to be published in the form directed by said City Council and as required
by law. The City Clerk shall file all notices of the publication of
ordinances passed by the City Council and shall keep all papers and
records which are required to be filed with this office, which papers
and records, shall at all reasonable times, be open to public inspection.
(b)
The City Clerk shall keep a record of all warrant checks drawn upon
the treasurer of the City, and a full account of all receipts and
expenditures of the City. The City Clerk shall keep a full and accurate
account of the bonds issued by the City, and shall record them in
a book by number, date, and amount of each individual bond, date of
maturity, rate of interest and date of cancellation. The City Clerk
shall carry on all the official correspondence of the City, giving
the same prompt attention, and shall present for the consideration
of the governing body all correspondence received and replies given.
(c)
The City Clerk shall cause a record to be kept of the various funds
into which said money is paid, and shall see that warrant checks for
the same are duly drawn upon the proper funds. The City Clerk shall
cause receipts to be issued for all moneys received by the City. The
City Clerk shall make quarterly reports to the City Council of receipts
and expenditures of the City, stating the various funds into which
moneys are received, and from which moneys were expended, and the
balances remaining in each of the several separate funds.
(d)
The City Clerk shall have charge of the corporate seal of the City
and the power to administer oaths for all purposes pertaining to the
business and affairs of the City. The City Clerk shall receive, and
audit, all claims and shall present the same for consideration at
the next regular meeting of the City Council following the time when
they are received.
(e)
The City Clerk shall perform such other and further duties as may
be provided by an ordinance.
(a)
The City Treasurer shall receive all moneys belonging to said City,
giving receipt therefor, and as to all moneys received by him from
any other source than the City Clerk, he shall give duplicate receipts,
causing one of the two to be filed with the City Clerk. He shall open
a ledger account in a book provided by the City and keep therein a
record of all moneys received and paid out. He shall publish or cause
to be published, quarterly settlements subject to the inspection of
the governing body in the office of the City Clerk. He shall file
with the City Clerk a complete report of the receipts and expenditures
of the City during the preceding quarter, showing the amounts received,
deducted from and the balance in each fund.
(b)
He shall make a quarterly settlement with the governing body on the
15th days of April, July, October and January for the preceding quarter
of each year; settlement shall be kept by him in a special book provided
by the governing body,
(c)
He shall deposit all public moneys coming into his hands in his official
capacity in a responsible bank or banks within the county after the
same shall have been designated by the Mayor and Council and after
the depository has given bond or security as provided by law. Such
deposit shall be made in the name of the treasurer as such officer.
He shall perform such other duties as may be required of him by law
or ordinance.
(d)
The City Treasurer shall furnish to the City, at the expense of the
City, the bond of an incorporated surety company, authorized to do
business in the State of Kansas, in the amount of $10,000. Such bond
shall name the City of Mission Woods, Kansas, as the obligee thereunder
and shall be conditioned upon the faithful discharge of the duties
of City Treasurer and the accurate and faithful accounting for all
money coming into the possession of the City Treasurer as such.
(a)
The City Marshal shall be Chief of Police and shall at all times
have the power to make or order an arrest, with proper process for
any offense of the state or of the City, and bring the offender for
trial before the proper officer, and to arrest without process, in
all cases where any such offense, shall be committed, or attempted
to be committed in his presence.
(b)
He shall keep all persons arrested in the City jail, county jail,
or other place of confinement, to prevent their escape until trial
can be had before the proper officer, and he shall execute all processes
issued by the municipal judge and delivered to him for that purpose.
The City Marshal-Chief of Police shall be responsible to the Mayor
for the supervision and management of the police department.
The policemen of the City shall have power to arrest all offenders
against the laws of the state or of the City, by day or night, in
the same manner as the City Marshal-Chief of Police, and keep them
in the City jail or county jail or other place of confinement to prevent
their escape, until a trial can be had before the proper officer.
The policemen in discharge of their duties, shall be subject to the
order of the Mayor and the City Marshal-Chief of Police only.
It shall be the duty of the City Attorney to attend, so far
as reasonably possible, all meetings of the governing body during
his term; to furnish advice on the legal problems of the governing
body, City officers and employees concerning City business; to aid
and approve as to form and content in the drawing of ordinances; to
draw contracts and such other instruments as may be necessary for
City business; to prosecute such matters as may be necessary before
the local municipal court in connection with City affairs; to attend
hearings before the county commissioners and state boards when directed
by the Mayor and City Council, and to represent the City generally
in legal matters.
See § 9-103.
The compensation for part-time officers of the City shall be
fixed by resolution of the governing body upon the recommendation
of the Mayor.
