A CHARTER ORDINANCE AMENDING, SUPPLEMENTING AND RESTATING CHARTER ORDINANCES NOS. 5 AND 7 OF THE CITY OF CANEY, KANSAS, RELATING TO APPOINTMENT OF CITY OFFICERS AND THE TERMS OF OFFICE.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF CANEY, KANSAS:

Section 1. Charter Ordinance No. 5 and Charter Ordinance No. 7 of the City of Caney, Kansas, relating to appointment of City Officers and the terms of office are hereby supplemented, restated and amended as hereafter set forth.

Section 1. Section 3 of Charter Ordinance No. 2 of the City of Caney, Kansas, shall be, and on the effective date of this ordinance, is hereby repealed, subject to the provisions of Section 16 hereinafter set forth.

Section 2. Definition of Terms. As used in this ordinance:

A. “Department Head” shall mean, in the case of the police and ambulance departments, the Chief of Police; in the case of the city clerk’s office, the City Clerk; and in the case of the water, street, sewer and solid waste departments, the City Superintendent.

B. “Board” shall mean the Employee Hiring Nomination Board;

C. “Employer” shall mean the City of Caney, Kansas;

D. “Employee” Shall mean any Non-elected officer or employee of the city of Caney, Kansas.

E. “Cause” Shall mean cause for termination of employment, and shall include, but not limited to: (1) neglect of duty; (2) negligence; (3) incompetence; (4) inefficiency; (5) absenteeism; (6) dishonesty; (7) intoxication; (8) disobedience; (9) disrespectful conduct toward the employee’s supervisors, the Mayor or fellow employees; (10) insubordination; (11) immoral, disreputable or unbecoming conduct affecting the employee’s employment duties; (12) conduct which jeopardizes the safety of co-employees, citizens or other persons; (13) conduct which create a substantial risk of loss of city property or funds; (14) conduct which subjects the city to civil or criminal liability; or (15) any other act Or failure or refusal to act which indicates unfitness for the service for which the employee was engaged, or which is contrary to the faithful and diligent performance thereof.

F. “Probationary Employee” means: any full time employee of the City of Caney, Kansas, who has not completed six (6) consecutive months of employment with the City of Caney, EXCEPT the City Administrator hired under provisions of Ordinance No. 949.

G. “Non-probationary Employee” Means any full time employee of the city of Caney Kansas who has completed 6 consecutive months employment with the city of Caney Kansas except the city administrator hired under the provisions of Ordinance No. 949.

H. “Part-Time employee” Means any employee of the city of Caney Kansas whose regular job duties do not require such employee to work a period equal to at least 5 days per week or 40 hours in 172 hour period.

I. “Incident” Means any act or failure to act which is cause for discipline or termination of employment.

J. “New Employee” Means any person who is not already currently employed by the city of Caney, Kansas at the time a job vacancy or job position becomes available.

Section 3. Recruitment of Employees.

The following procedure is hereby adopted by the city of Caney Kansas for the recruitment of new employees:

A. Department Heads, the City Administrator, or the Mayor, as appropriate, shall cause to be placed advertisements for job applications in 4 area newspapers: Caney, Coffeyville, and Independence, Kansas and Bartlesville, Oklahoma, and may publish in other appropriate publications. Newspaper advertisements for job applications shall include the following:

(1) Description of job available;

(2) List of required qualifications for any employment position; and

(3) Deadline for applications – two weeks from date of first advertisement is run.

B. Department Heads, the City Administrator or the Mayor as appropriate, shall contact the unemployment offices in the four city area.

This section does not apply to promotion of current city employees, unless the employee hiring nomination board or thereafter, the governing body, does not approve the promotion.

Section 4. Hiring and Employment of New Employees.

The following procedure is hereby adopted by the city of Caney, Kansas for the hiring and employment of new employees.

A. In hiring new employees, the following general factors, together with any other appropriate factors not listed should be considered:

1. Age of applicant (if of majority age);

2. Work experience of applicant;

3. Education and training of applicant;

4. Physical ability of applicant to perform job functions and;

5. Residence of applicant (preference may be given to city residents of equal qualifications).

B. With respect to the following specific types of employment, the prospective employees review and evaluation shall include:

1. Law enforcement officers, emergency medical technicians, or intensive care technicians, and dispatchers, generally:

(a) Department head will conduct oral interview;

(b) Department head will contact past employers;

(c) Department head will complete National Crime Information Center check for criminal record and obtain prospective employee’s fingerprints.

2. Law Enforcement Officers:

(a) Must pass the psychological tests and tests required for entrance to Kansas Law Enforcement Academy within one year of initial employment;

(b) Must take entrance examination administered by the Department Head.

3. Emergency Medical Technicians or Intensive Care Technicians:

(a) Preference will be given to applicants who are certified by the State of Kansas.

(b) Must take entrance exam administered by the Department Head.

4. Dispatchers:

(a) Must take entrance exam administered by the Department Head.

5. Street, Water, Sewer or Solid Waste Department:

(a) Interview conducted by the department head;

(b) Department head will check past work record;

(c) Department head will check applicant’s working knowledge of all pertinent job functions.

6. City Clerk’s staff:

(a) Department head will conduct interview;

(b) Department head will check past work record;

(c) Department head will check applicant’s office skills.

7. Chief of Police, City Superintendent and City Clerk:

(a) Mayor and/or City Administrator will conduct interview;

(b) All other requirements above set forth in this section for the specific types of employment above set forth will be considered.

8. City Administrator:

(a) Mayor will conduct interview;

(b) All other requirements above set forth in this section for the specific types of employment above set forth will be considered.

C. After the initial interviews have been conducted by the Department Head, City Administrator or Mayor, as appropriate, and the deadline for applications has expired, the Department Head, City Administrator or Mayor shall submit and furnish to the Board the names, employment applications and personnel files of the three applicants whom the Department Head, City Administrator or Mayor, as appropriate, consider best qualified for the position to be filled.

In the event of the proposed promotion of a current city employee, the procedure set forth in this section need not be followed, unless the employee hiring nomination board, or thereafter, the Governing Body, does not approve the promotion.

Section 5. Employee Hiring Nomination Board.

There is hereby created in the City of Caney, Kansas, an Employee Hiring Nomination Board. The Board shall consist of a total of six (6) 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 (3) members of the Board shall be current members of the City Council of the City of Caney, Kansas;

B. Three (3) members of the Board shall be citizens of the City of Caney, Kansas;

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 the Unified School District No. 436, as non-voting 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/or school credits. The term of appointment of each 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 chair-person and one member to act as clerk. The chair-person 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 form the date of their appointment.

Section 6. Recommendation for Employment from Employee Hiring Nomination Board.

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

A. The applicants who have been recommended by the Department Head, City Administrator or Mayor for employment (or promotion); and

B. The Department Head, City Administrator 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, City Administrator 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, City Administrator 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 for the job position to be filled, and shall recommend the employment of such first and second alternative job applicants to the Mayor in writing.

Section 7. Employment of Employees by City.

Following the receipt of the recommendations for employment by the Employee Hiring Nomination Board, the Mayor shall nominate for employment or promotion, 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 applicant for employment or promotion is not accepted, the Mayor shall nominate for employment the second alternative applicant, if one has been made, 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, or in the event the City Council does not accept the recommendation of promotion of a current employee, the Mayor shall so notify the Clerk of the Employee Hiring Nomination Board, which Board will then re-convene and re-submit two alternative candidates for employment to the Mayor for approval by the Governing Body.

Section 8. Part-time Employees.

The provisions of this ordinance hereafter set forth concerning the discipline and termination of employment of non-probationary employees, shall not apply to part-time employees, who shall be considered employees at will and whose employment may be terminated by the Mayor, City Administrator or Department Head, without notice, cause or hearing.

Section 9. Probationary Employees.

Each person Who is employed by the city of Caney shall be hired subject to a probationary period, the term of which is above set forth, during which. The employees job performance will be evaluated by his or her and or the mayor. At any time during the term of the probationary period, the employees Department Head, the City Administrator or the Mayor, as appropriate, may terminate such person’s employment without cause, notice or hearing.

Section 10. Reduction in Workforce.

If, in the judgment of the City Council, economic conditions, changes in the need for public service, or any other factors require a reduction in the workforce of the city, the City Council may terminate the employment of any employee or employees of the city without cause not any other provision of this ordinance to the contrary.

Section 11. Term of Employment and Discipline – Non-Probationary Employees.

The term of employment of non-probationary employees of the city of Caney Kansas, shall be so long as the employee continues in the faithful performance of his or her job duties; Subject however, to each and every provision of this ordinance.

This provision shall not apply to the City Administrator, whose term of employment is a fixed term as set forth in Ordinance No. 949.

The City of Caney, Kansas does hereby adopt the following procedure, providing for progressive stages or steps of discipline of city employees, subject to the exceptions and limitations hereafter set forth.

A. Exception to progressive discipline policy – immediate discharge. Employees of the City of Caney, Kansas, may be subject to immediate discharge from employment for those causes which are of such severity, that they tend to:

(1) Jeopardize the safety of co-employees, citizens or other persons;

(2) Create a substantial risk of loss of city property or funds; or

(3) Subject the city to civil or criminal liability if such employment is continued.

Such causes shall include, but not be limited to the following:

(1) Use of illegal drugs at any time by employees or intoxication of employees while engaged in performance of their employment duties;

(2) Theft or embezzlement of city property or funds;

(3) False statements of employees on employment applications;

(4) Fighting while on duty with co-employee or other persons not within the scope of the employee’s job duties.

(5) Such causes as may be specified in any duly adopted personnel manual or policy handbook governing the conduct of employees of the City, or any of them.

Employees who are determined to have committed an act subjecting each employee to immediate termination are not entitled to the progressive stages of discipline hereafter set forth, and shall be discharged in the following manner:

(1) The employee’s department head, with approval of the City Administrator or Mayor than such termination should be effected, as appropriate, shall conduct a termination conference with the employee in the presence of a witness. At such conference the cause of termination of such employee shall be specified in writing, and delivered to the employee, with a copy retained in the employee’s personnel file.

(2) The employee’s department head, the City Administrator, or Mayor, as appropriate, shall at the time of the termination conference, complete a warning notice form and file the same in the employee’s personnel file.

(3) If possible, the employee’s termination paycheck shall be delivered to the employee during the termination conference.

(4) Termination of the Department heads or the city administrator here under shall be by the mayor who shall not be required to obtain prior approval of such termination from any other person, subject to the right of hearing and appeal by the terminated employee in Section 12 below.

(5) Approval shall be obtained from the mayor by the city administrator prior to termination of employment of a department head hereunder.

B. Investigatory Suspension. And employees Department head with approval of the city administrator or mayor as well as the city administrator with respect to Department heads, and the mayor with respect to all employees, shall have authority send an employee who engages in an act which, if provable, would result in the immediate termination of employment of the employee under section 11 A above. An employee who is subject to immediate termination of employment but is placed on investigatory suspension is not entitled to the stages of progressive discipline hereafter set forth. If an employee is placed on investigatory suspension, the following procedures shall be followed:

(1) The department head, City Administrator, or Mayor, as appropriate shall:

(a) Inform the employee, in the presence of a witness, that he or she is being placed on suspension, wither with or without pay, pending a full investigation of the incident;

(b) Place a memorandum of the conference in the employee’s personnel file;

(c) Inform the employee as to the date he or she is expected to report back to work;

(d) Give the employee an opportunity during the course of the conference or subsequent investigation to present his or her side of the story;

(e) Make notes of the investigation and file them in the alleged violator’s personnel file;

(f) Upon completion of the investigation, either: (1) terminate the employee; (2) discipline the employee if the investigation establishes that the facts do not warrant termination of employment; or (3) inform the employee when he or she should return to work, if the investigation does not warrant either termination or discipline of the employee. In such event, the employee shall be entitled to all accrued back pay and benefits.

C. Except in the case of conduct which justifies immediate termination or investigatory suspension, the following procedure shall be implemented in administering discipline or in the termination of non-probationary employees of the city of Caney, Kansas.

(1) Upon the occurrence of any act or failure or refusal to act which is not the basis for immediate termination or investigatory suspension, and upon the occurrence of each such subsequent act or failure or refusal to act, the employee’s department head, City Administrator or Mayor, as appropriate shall follow the progressive steps of discipline hereafter set forth.

(a) First incident – the department head, City Administrator or Mayor as appropriate shall issue an oral warning, and file a memo of such warning in the employee’s personnel file;

(b) Second incident – the employee’s department head, City Administrator or Mayor, as appropriate, shall issue a written warning, which written warning the department head shall request be signed by the employee. Delivery of a copy of the written warning shall be witnessed by a third person.

(c) Third incident – the employee’s department head, City Administrator or Mayor, as appropriate may either suspend with or without pay, assess accumulated vacation or personal leave, or demote such employee to a lower rank or grade, or take a combination of the above actions. In taking such disciplinary action, a conference shall be held, in which the following events shall occur:

(i) A warning notice form shall be completed, signed by the department head, City Administrator or Mayor, as appropriate, and witnessed by another person;

(ii) A witness shall be present throughout the conference;

(iii) The cause for which the employee is being disciplined shall be furnished to the employee in writing;

(iv) The day and time the employee is expected to report back to work shall be given to the employee, is suspended, or, if accumulated vacation or personal leave days are charged against the employee without pay, the employee shall be advised in writing of the number of days so charged against him or her and thereby lost;

(v) if suspended without pay the employee shall be advised that if he or she fails to report back to work on the date specified, he or she shall be considered to have voluntarily resigned and quit his or her employment.

(d) Fourth incident - The employees Department head, city administrator or Mayor, as appropriate, may discharge the employee.

The following action shall be taken at the time of discharge and termination of employment:

(i) a termination conference will be conducted with the employee in the presence of a witness;

(ii) The Department head, city administrator or Mayor, as appropriate, will complete the warning noticed form and file it in the employees personnel file;

(iii) The warning notice form containing a statement of the cause of termination of employment is delivered to the employee; and

(iv) if possible, the terminated employee’s employee paycheck should be presented to the employee during the termination conference.

As used herein, the term “incident” refers to any act or failure to act which may subject the employee to discipline here under, and a second or subsequent “incident” need not be of the same nature or character as any prior incident or incident

Section 12: Right to Hearing

Any employee of the city of Caney Kansas who has received notice of suspension without pay, loss of accumulated vacation or personal leave, demotion and rank or grade, investigatory suspension or termination of employment shall be entitled to a hearing before the City Council of the city of Caney Kansas within a reasonable time after such notice of suspension, loss of benefits, demotion or discharge the following procedure with regard to such hearing shall be followed:

A. The employee receiving notice of suspension, loss of benefits, demotion or termination shall submit a written request to the City Council for a hearing, within a reasonable time, not to exceed 30 days.

B. Upon receipt of such a request, a hearing will be scheduled by the city clerk or assistant city clerk.

C. The city clerk or assistant city clerk shall cause written notice of the time, date and place of such hearing to be mailed to the employee requesting a hearing by certified mail, return receipt requested.

D. At such hearing, the employee shall be entitled to be present in person and with council, to present witnesses on his or her behalf, and to confront witnesses against him or her period

E. At the conclusion of such hearing, which may be adjourned or continued if necessary, the governing body shall boat to either:

1. Ratify and confirm the termination and discharge or other disciplinary action imposed regarding such employee; or

2. Suspend and set aside the termination of employment of such employee, loss of accumulated vacation or personal leave, re store such employee to the grade or rank held by the employee immediately prior to the disciplinary action or reinstate such employee, either with or without any back pay or accrued benefits as appropriate.

F. At the request of either the city or the employee, such hearing, weather conducted in full and open session or in part in executive session, shall be audiotaped or transcribed; except those portions in which the council engages and deliberations; attorney client discussions, or other exceptions which apply to the Kansas Open Meetings Act K.S.A. 75-4317, et seq.; as hereafter amended or supplemented.

Section 13. Voluntary Resignation of Employees.

The following procedure shall be followed in acceptance of voluntary resignation of city employees:

A. The Department head city administrator or Meijer as appropriate shall have the employee complete and sign a voluntary separation form and the presence of a witness;

B. If possible, the employee shall be paid all wages and benefits earned and accrued, on the effective date of the voluntary termination of employment.

Employees are required to give the city 30 days prior written notice of intention to terminate employment in the event such notice is given, the employee shall receive all vacation pay and compensation time do, if any, on the effective date of voluntary termination of employment in the event such notice is not given, the employee who shall voluntarily terminate his or her employment shall not be entitled to receive vacation pay or compensation time pay accrued through the effective date of voluntary termination of employment.

Section 14: Ordinance No. 619, sub-section (5) of Section 1 of Ordinance No. 879, and all other Ordinances or portions thereof in conflict herewith shall be, and they are hereby repealed, on the effective date of this ordinance.

(04-04-1988; Repealed by C.O. No. 18a)