(a) During the first Regular meeting in May of each year, the Mayor shall appoint, by and with the consent of the Council, the Municipal Judge. If the Council is split on any confirmation the Mayor may break the tie. The council may reject an appointment with or without cause and no explanation shall be needed. In the event that any position becomes vacant the Mayor with the Consent of the council shall appoint a qualified individual to serve out the rest of the term.
(b) Based on the recommendation of the City Administrator, the Mayor shall appoint with the consent of the Council the City Attorney, City Clerk, Police Chief, Fire Chief/EMS Director, and Director of Public Works. The appointments shall be made during the first regular Council meeting in May of even numbered years, and shall last for a period of two years. If the Council is split on any confirmation the Mayor may break the tie. The council may reject an appointment with or without cause and no explanation shall be needed. In the event that any position becomes vacant, the City Administrator shall appoint an acting officer for a period not to exceed six month. Any service past six month shall require action of the City Council.
(c) The appointment of other employees shall be provided for by ordinance.
(d) The Council by a majority vote, shall set the minimum and maximum salaries and compensation for appointed officers and employees by resolution. The City Administrator shall set the specific salary and compensation within the range designated by the resolution.
(K.S.A. 14-201; C.O. No. 96-20; C.O. No. 08-22; Code 2001, 1-201, 205; Ord. 09-4573; Code 2014; C.O. No. 15-4668)
(a) No person shall be eligible to any appointive office unless he shall be a bona fide resident of the State of Kansas. Provided that the City Administrator, Police Chief, Fire Chief, City Clerk, and Public Works Director must live within the City of Cherryvale or within the three (3) miles surrounding the city, unless otherwise authorized by the City Council:
(1) The City may hire non-resident expert employees, or appoint nonresidents as City Attorney, Municipal Judge, and as law enforcement officers when deemed necessary, including the appointment of nonresidents who also serve as City Attorney, Municipal Judge, or law enforcement officers of another municipality or public agency;
(2) The City Attorney shall be a qualified elector of the state of Kansas. Deputy City Attorneys shall not be required to be a resident of the state of Kansas, but shall be admitted to practice law within the State of Kansas or applicable jurisdiction.
(3) Nothing herein shall authorize the appointment of non-residents of this State to any office within the City; although an officer shall be given six months for the date of his or her appointment to meet the residency requirement or as specified (2).
(b) The City Clerk shall record all appointments in the City Council Minutes. The Council may require all City officers, elected or appointed, to take and subscribe an oath or affirmation and give bond and/or security for the faithful performance of their duties.
(K.S.A. 14-201; C.O. No. 96-20; C.O. No. 08-22; Code 2001, 1-202; Ord. 09-4573; Code 2014)
(a) Appointment.
The City Council shall appoint a City Administrator, who shall be the chief executive officer of the city. He or she shall be a person of demonstrated administrative ability with experience in a responsible, important executive capacity and shall be chosen solely on the basis of his or her executive and administrative qualifications and knowledge of accepted practices for this position.
(b) Assistant City Administrator
With the consent of the City Council, the City Administrator shall designate an Assistant City Administrator to exercise the powers and perform the duties of City Administrator during any temporary absence or disability of the City Administrator.
(c) Compensation and Tenure
The City Administrator shall receive a salary fixed by the Council. He or she shall be appointed for an indefinite term and shall serve at the pleasure of the Council, subject only to the terms of his or her contract.
(d) Powers
The City Administrator shall be responsible to the Council for the proper and efficient administration of all affairs of the city under his or her jurisdiction, and shall, subject to the provisions of the personnel policies of this city and other ordinances, have the power to appoint, assign, reassign, discipline, and remove all directors or heads of departments and all employees under his or her jurisdiction.
(e) Duties
The City Administrator shall have the power and it shall be his or her duty:
(1) To execute and enforce all laws, ordinances, resolutions, and policies of the Council and to administer the affairs of the city.
(2) To sign all contracts binding the city, unless Council approval of the contract or subject matter is required by city ordinance or resolution, state or federal law, or other city officers or employees are specifically authorized by ordinance to approve and sign the contracts. This authority is subject to all legal and administrative reviews and approvals otherwise required by city ordinance. The City Administrator may also sign contracts that require council approval, after approval has been obtained.
(3) To attend all meetings of the Council, unless excused, and such meetings of boards and commissions as he or she chooses or which he or she is directed to attend by the Council, and to participate in discussions at such meetings.
(4) To recommend to the Council such measures and ordinances as he or she may deem necessary or expedient and to make such other recommendations to the Council concerning the affairs of the city as he or she finds desirable.
(5) To investigate affairs of the city under his or her supervision, or any franchise or contract for the proper performance of any obligation to the city within his or her jurisdiction.
(6) To control and administer the financial affairs of the city.
(7) To prepare an annual budget for submission to the Council.
(8) To prepare or cause to be prepared the plans, specifications, and contracts for work which the Council may order.
(9) To supervise the purchasing of materials and supplies, to make recommendations to the Council in connection with the awarding of public contracts, and to see that all city contracts under his or her direction, or that of the Council, are faithfully performed.
(10) To prepare and submit to the Council such reports as it may require or that the City Administrator deems appropriate.
(11) To keep the Council at all times fully advised as to the financial condition and needs of the city.
(12) To prescribe such general rules and regulations as he or she may deem necessary or expedient to the general conduct of the departments under his or her jurisdiction.
(13) When directed by the Council, to represent the city in its intergovernmental relations and to negotiate contracts for joint governmental actions, subject to Council approval.
(14) To be the City Administrator’s sole employment, except as otherwise authorized by the City Council or the City Administrator’s employment contract.
(15) To perform such other duties as may be prescribed by ordinance or resolution.
(16) To provide the Council members a written report of the city’s financial condition and administrative activities for the prior fiscal year.
(17) To recommend organization of departments and divisions in the most efficient and economical manner.
(18) To prepare and set the agenda for the conduct of business at Council meetings.
(K.S.A. 14-201; C.O. No. 96-20; C.O. No. 08-22; Code 2001, 1-206; Ord. 09-4573; Code 2014)
The City Attorney, or his or her deputy, shall represent the city in all proceedings instituted in any court within the State of Kansas, by or against the city. He shall draft or approve all ordinances for the city when instructed to do so by the majority of the council or the City Administrator; he shall draft or approve all bonds, contracts, leases and such other instruments as may be required by the city. He shall advise the council, their committees, and all Officers of the city upon such legal questions affecting any of them as may be submitted to him and furnish his written opinion when requested to do so by the council or City Administrator. He or she shall perform such other professional services incident to his office as may be required by the Council or City Administrator. The City Attorney may appoint deputy city attorneys from time to time with the approval of the City Administrator or the City Council. He or she shall report in writing at the close of his official term, if requested, the proceedings in all cases during the year and the nature and condition of each, except he shall not be required to make a report covering municipal court.
(K.S.A. 14-201; C.O. No. 96-20; C.O. No. 08-22; Code 2001, 1-207; Ord. 09-4573; Code 2014)
The City Attorney may be removed with or without cause by a majority vote of the Council.
(K.S.A. 14-201; C.O. No. 96-20; C.O. No. 08-22; Code 2001, 1-208; Ord. 07-4518; Code 2014)
(K.S.A. 14-201; C.O. No. 96-20; C.O. No. 08-22; Code 2001, 1-209; Ord. 07-4518; Ord. 09-4573; Code 2014)
The City Clerk shall appoint a City Treasurer with the authorization of the City Administrator. The City Treasurer shall have charge of the moneys belonging to the city, derived from taxation , licenses and of all departments of the city which shall be kept by the City Treasurer in a depository designated by the Council and the moneys so derived and paid to the City Treasurer shall be by him or her kept in the various funds and shall not be paid out of any of the funds, except upon order or draft signed by the mayor and countersigned by the City Clerk, under the seal of the city and which shall designate which fund the order is drawn from; the City Treasurer shall also make report to the Council monthly and shall prepare quarterly the financial statement for publication for said city and the City Treasurer shall check his or her accounts with the city depository at least once every month and render such other and additional statements and accounts to the Council and City Administrator as they shall from time to time so order.
(K.S.A. 14-201; C.O. No. 96-20; C.O. No. 08-22; Code 2001, 1-210; Ord. 09-4573; Code 2014)
(K.S.A. 14-201; C.O. No. 96-20; C.O. No. 08-22; Code 2001, 1-211; Ord. 07-4520; Ord. 09-4573; Code 2014)
(K.S.A. 14-201; C.O. No. 96-20; C.O. No. 08-22; Code 2001, 1-212; Ord. 07-4510; Ord. 09-4573; Code 2014)
(K.S.A. 14-201; C.O. No. 96-20; C.O. No. 08-22; Code 2001, 1-213; Ord. 07-4515; Code 2014)
The Municipal Judge, the Chief of Police, and the Chief of Fire shall have such powers and duties as are customary and usual for their respective offices and such as may hereafter be specified by ordinance. Authority within the limits of their duties as above specified shall be subject only to the orders and directions of the City Administrator and the Council.
(Ord. 09-4573; Code 2014)
The Council by a majority vote, shall set the minimum and maximum salaries and compensation for appointed officers and employees by resolution. The City Administrator shall set the specific salary and compensation within the range designated by the resolution.
(Ord. 07-4524; Code 2014)
It shall be unlawful for any elected or appointed officer of the City to:
(a) act as an advisor or counselor adversely to the City in any litigation or controversy in which the City may be directly or indirectly interested;
(b) to resign or quit the duties of their office, or to conspire or encourage other officers to resign or quit the duties of their office, so as to leave, or with the intent to leave, the City with an insufficient force of officers in any department ; or
(c) to accept any gratuity or reward for doing or omitting to perform any duty incumbent on him by virtue of his office.
Violation of this section is a class C municipal misdemeanor.
(Code 2001, 1-214; Ord. 09-4573; Code 2014)
(Code 2001, 1-216; Ord. 09-4573; Code 2014; Ord. 18-4690)
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 2014)
(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. 74-4301; Code 2014)