CHAPTER 1. ADMINISTRATIONCHAPTER 1. ADMINISTRATION\Article 3. Officers and Employees

There is hereby created in the city an Employee Hiring Nomination Board. The board shall consist of a total of six voting members, all of whom shall be appointed by the mayor by and with the consent of the city council. The membership of the board shall be constituted as follows:

(a)   Three members of the board shall be current members of the city council of the city;

(b)   Three members of the board shall be citizens of the city.

In addition to the members of the Employee Hiring Nomination Board above set forth, the mayor may, by and with the consent of the council appoint one or more students of Unified School District No. 436, as non­voting members of the board. Such students shall be allowed to attend board meetings, engage in the discussions and deliberations of the board, and to observe the procedures of the board for educational purposes and for school credits. The term of appointment of each such student shall expire on the first day of May following his or her appointment to the board.

The board shall select, from its voting members, one member to act as chairperson and one member to act as clerk. The chairperson shall be responsible for the general conduct of all meetings of the Employee Hiring Nomination Board. The clerk shall be responsible for maintaining and preserving true and accurate minutes of all meetings of the Employee Hiring Nomination Board, notifying prospective applicants of the time, date and place of the meetings of the board, and of notifying the mayor of any vacancies on the board.

Members of the Employee Hiring Nomination Board shall serve a term of one year from the date of their appointment.

(C.O. No. 5, Sec. 5)

The Employee Hiring Nomination Board shall, at any meeting, request the presence of:

(a)   The applicants who have been recommended by the department head or mayor for employment; and

(b)   The department head, or mayor, as appropriate.

During the course of its meetings, the Employee Hiring Nomination Board shall solicit any comments or recommendations of the department head or mayor, as appropriate, and shall give each prospective job applicant an opportunity to speak on his or her behalf with respect to the position to be filled. The Employee Hiring Nomination Board may make such further inquiries of the prospective employee, department head or mayor as they deem necessary. At the conclusion of its meeting, the Employee Hiring Nomination Board shall select the first alternative and second alternative job applicants, which, in its opinion, are best suited f or the job position to be filled, and shall recommend the employment of such first and second alternative job applicants to the mayor in writing.

(C.O. No. 5, Sec. 6)

Following receipt of the recommendations for employment by the Employee Hiring Nomination Board, the mayor shall nominate for employment such person as was recommended as first alternative nominee for such position upon such compensation as the council may, by ordinance, heretofore or hereafter direct. The council shall either accept or reject such nomination. In the event the first alternative application for employment is not accepted, the mayor shall nominate for employment the second alternative applicant, and the council shall either accept or reject such nomination. In the event both of such recommended applicants are not accepted for employment by the city council, the mayor shall so notify the clerk of the Employee Hiring Nomination Board, which board will then reconvene and resubmit two alternative applicants for employment to the mayor for approval by the governing body.

(C.O. No. 5, Sec. 7)

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.

(Code 1988)

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 f und of the city and the cash balance existing in each f und;

(d)   Keep an accurate account of all bonds issued by the city;

(e)   Keep a record of all special assessments.

(Code 1988)

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.

(Code 1988)

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 act or 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 1988)

(a)   The office of assistant city clerk is hereby established. The mayor shall 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 1988)

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 a quarterly 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 1988)

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 meetings of the city governing body when so directed to attend by the governing body;

(b)   Advise the city 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 city 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 988)

There may be appointed a city engineer who 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, waterlines, public buildings and other public facilities;

(b)   The inspection of all public works projects including streets, sewers, waterlines and other public facilities;

(c)   The general supervision of the maintenance and repair of all public facilities.

(Code 1988)

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 1988)

(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 1988)

(a)   The City Forester shall have complete jurisdiction, regulation, supervision and control over all trees, shrubbery and hedges growing in the city.

(b)   If the foliage, boughs or limbs of trees, shrubbery or hedges adjacent to streets or sidewalks obstruct the free and convenient travel or vision along said streets or sidewalks, the forester shall have authority to cut and trim, or cause to be cut and trimmed, such trees, shrubbery and hedges when, in his judgment, it is necessary for the safety and convenience of the traveling public to do so.

(c)   Any tree or growth which by reason of the lay of the land or the location of same is a safety hazard or obstructs the view of drivers to observe traffic entering a street from an intersecting street may be cut down and removed by the City Forester.

(d)   The City Forester shall be appointed by the governing body of the City, and shall serve for a period of two years.

(Ord. 1029; Code 2022)

(a)   There is hereby established the position of animal control officer in the City of Caney, Kansas, whose duties shall be to enforce the provisions of Article 2, Chapter 2 of the Code of the City of Caney, Kansas.

(b)   As compensation for services rendered in enforcing the provisions of Article 2, Chapter 2 of the Code of the City of Caney, Kansas, the animal control officer shall receive $5.00 for each animal taken into custody and $5.00 for each animal disposed of all in accordance with such code.

(Ord. 975; Code 2022)