CHAPTER I. ADMINISTRATIONCHAPTER I. ADMINISTRATION\ARTICLE 3. OFFICERS AND EMPLOYEES

The Mayor, with the consent of the council, may appoint, at the first regular meeting of the governing body in May of each year, the following officers: a municipal judge of the municipal court, a city attorney, a city clerk; a city treasurer, a chief of police, policemen, a fire chief, and a utilities supervisor; and may retain a licensed professional engineer to act in the capacity of city engineer for specifically defined duties. All such officers shall qualify in the manner and shall perform the duties required by this ordinance and other ordinances of the city and the laws of Kansas Every appointment of office, and the date thereof, shall be entered on the journal of the proceedings of the council.

(K.S.A. 15-204, 15-209; Ord. 768; C.O. No. __; Code 2015)

The officers appointed by the city shall be qualified electors of Chase County, Kansas; except, the mayor may, with consent of the council, appoint nonresidents of Chase County as city clerk, city attorney, city treasurer, municipal judge and as law enforcement officers when deemed necessary by the mayor, including the appointment of nonresidents who also serve as city clerk, city attorney, city treasurer, municipal judge or law enforcement officers of another municipality or public agency, provided, that nothing herein authorizes the appointment of nonresidents of the State of Kansas. The city attorney shall be a qualified elector of Chase County, Kansas, or of an adjoining county.

(Code 1976; C.O. No. 1 (953); Code 2015)

The Mayor, by and with the consent of the council, for good cause, may remove any officer whose appointment is herein provided for, before the expiration of their terms or such officer may be re­ moved by a majority vote of all the members of the governing body.

Subject to the provisions of K.S.A. 12-16,128, and amendments thereto, whenever a vacancy occurs in any appointive office for whatever reason, the vacancy shall be filled by the governing body. Any person appointed to fill such vacancy shall serve only until the next regular time for appointment.

(K.S.A. 15-209; Code 2015)

The city clerk for the city shall have the following duties:

(a)   The city clerk shall keep his office in the city municipal building, which office shall be open at such times during business hours in the city as may be fixed by the council;

(b)   The city clerk shall attend all meetings of the council and make and keep a record of all proceedings and meetings of the council in minute form entered in journal of council proceedings. In the absence of the clerk from any meeting, the presiding officer shall appoint a member of the governing body to keep an account of the proceedings and to re­ port the same to the city clerk;

(c)   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 mayor and council at each meeting all correspondence received and replies given by him;

(d)   He shall have charge of the corporate seal of the city and shall affix the same to the official copy of all ordinances, deeds, contracts and similar documents required to be authenticated, and shall be authorized to administer oaths for all purposes pertaining to the business affairs of the city;

(e)   The city clerk shall be custodian of all the city records, books, papers, contracts, petitions, documents and other personal effects belonging to the city not properly pertaining to any other office and shall keep suitable files and records of the same;

(f)   The city clerk shall receive and audit all claims against the city and shall present them for consideration of the governing body at its regular meetings, and shall prepare appropriate ordinances for the payment of all claims allowed by the governing body.      The city clerk shall draw war­ rants (or warrant checks) only when appropriations to pay claims against the city have been made by ordinance;

(g)   The city clerk shall be prepared to report to the governing body in regard to the financial condition of the city so that the governing body may not create debts nor authorize the issuance of warrants in violation of the budget law or the cash basis law relating to the duties of city officers;

(h)   He shall keep a separate account of each fund of the city, whether the funds he derived from taxation or otherwise; no money belonging to one fund shall be placed to the credit of another fund unless there is lawful authority for the same. Each separate tax levy shall constitute a separate fund, and income derived from other sources shall be credited to the proper city fund;

(i)    The city clerk shall render such assistance as may be required by the governing body in preparing the annual city budget, any ordinance for the levying of taxes, and shall certify the same to the county clerk in the form and manner required by law together with a copy of the budget; Provided, that a copy of the budget shall be filed with the State Department of Post Audit.

(j)    The city clerk shall keep a fully accurate account of all bonds issued by the city, recording them in the book by date, number, amount thereof, rate of interest, number of each coupon, to whom payable, where payable and when cancelled upon return of the same to the city.

(k)   The city clerk shall keep a record of all special assessments made by the governing body for any purpose and shall certify said assessments to the county clerk for collection and payment in the manner provided by law;

(l)    The city clerk shall act as the withholding agent of the city for the purpose of the federal revenue (income) act as authorized by K.S.A. 75-3042, and shall receive from each officer or employee of the city the withholding certificate required by the said revenue act. He shall maintain a suitable record of the sums so withheld from wages and salaries and remit the same to the Director of Internal Revenue at such times and in such forms as may be required by the regulations.

(K.S.A. 1974 Supp. 15-204)

The city treasurer for the city shall have the following duties:

(a)   The city treasurer shall receive and keep safely all moneys belonging to the city coming to him by virtue of his office, giving his receipt therefor and for all moneys received by him from any other source than the city clerk, he shall give duplicate receipts, causing one of them to be filed with the city clerk, and shall keep a copy thereof in his own office;

(b)   The city treasurer shall keep proper records and accounts of all moneys received and disbursed by him from any source and funds in behalf of the city specifying the time of receipt and disbursement, from whom received and to whom disbursed on account of the city;

(c)   He shall publish, or cause to be published a quarterly financial statement of the city in the manner and style required by K.S.A. 12-1608;

(d)   The city treasurer shall deposit all funds of the city coming into his hands in his official capacity or responsibility in a depository bank or banks within the city after such bank has been designated by the governing body and after the depository bank shall have given security in those instances when a depository of public moneys must give security. All deposits shall be made in the treasurer’s name and in his official title as treasurer of the City of Cottonwood Falls;

(e)   The city treasurer shall pay out funds of the city upon war­ rants (warrant checks) properly signed by the mayor, attested by the city clerk and countersigned by the city treasurer. The city treasurer shall cancel all warrants as soon as paid, and in cancelling paid warrants, he or she, shall write or stamp across the face of such warrant the word “Paid” in red ink and sign the same; Provided, that in the case a combination warrant check is used and such warrant is stamped by a depository bank of the city, the endorsement of the treasurer will not be required.

(K.S.A. 9-1401, 1403; 10-801, 809; 12-608)

The utilities supervisor shall also be known as the street commissioner and shall have the following duties:

(a)   Have and exercise management and supervision over all the streets and alleys;

(b)   Have care and management over all city owned property, land buildings and equipment associated with streets and alleys;

(c)   Attend all meetings of the governing body and regularly submit to the governing body a written report on status of the city streets and alleys;

(d)   Be responsible for the proper and efficient discharge of the duties of all city employees under his jurisdiction. Make such recommendations to the governing body as deemed necessary for the good and efficient administration of street and alley functions under his jurisdiction;

(e)   Investigate all complaints in relation to matters concerning streets and alleys under his jurisdiction; submit re­ ports in order that the governing body may determine and establish policies for control of services;

(f)   Superintend and manage all grading, graveling, paving, macadamizing and repairing any and all streets within the corporate limits of said city. Such work shall be done in conformity to any and all laws, ordinances, contracts entered into and resolutions passed by the governing body.

(g)   Perform such other duties as the governing body may direct.

(Ord. 768; Code 2015)

The municipal judge shall have the following duties and powers:

(a)   The municipal judge shall have the power to administer the oaths and enforce due obedience to all orders, rules and judgments made by him, and may fine or imprison for con­ tempt committed in court or for failure to obey process issued by the judge, in the same manner and to the same ex­ tent as the district court.

(b)   The municipal judge shall have the power to hear and determine all cases properly brought before him, to grant continuances, to sentence those found guilty to a fine or confinement in jail, or both, to commit accused persons to jail in default of bond, to determine applications for parole, to release on probation, to grant time in which a fine may be paid, to correct a sentence, to set aside a judgment, to permit time for post-trial motions and to dis­ charge accused persons.

(c)   The municipal judge shall maintain a docket in which he shall enter every case commenced before him. Such docket shall contain the names of the accused persons and complainant, the nature or character of the offense, the date of the trial, the names of all witnesses sworn and examined, the finding of the court, the judgment and sentence, the date of payment, the date of issuing commitment, if any, and every other fact necessary to show the full proceedings in each case.

(K.S.A. 12-4106)

The police chief shall be the chief law enforcement official of the city. The police chief and assistant police chief shall have the following duties:

(a)   Execute all process issued by any municipal judge within the State and delivered to the police chief or assistant police chief for that purpose;

(b)   Detain persons, keep them in custody and arrest persons when:

(1)   The police chief or assistant police chief has a warrant commanding that such person be arrested; or

(2)   The police chief or assistant police chief has no warrant, but a warrant for the person’s arrest has been issued by a municipal court in this state; or

(3)   The police chief or assistant police chief, having no warrant, detained such person because he has probable cause to believe that the person is committing or has committed a violation of an ordinance, and the police chief or assistant police chief has probable cause to believe that such person will not be apprehended or evidence of the violation of the ordinance will be irretrievably lost unless such person is immediately detained, or such per­ son may cause injury to himself or others or damage to property unless immediately detained; or a violation of an ordinance has been or is being committed by such per­ son in the view of the police chief or assistant police chief and such person (1) refuses to give his written promise to appear, or (2) such person is unable to identify him­ self to the reasonable satisfaction of the police chief or assistant police chief, or (3) such person is not a resident of the State of Kansas, or (4) the police chief or assistant police chief has probable cause to believe that such person may cause injury to himself or others or may cause dam­ age to property unless immediately arrested.

(c)   The police chief or assistant police chief shall immediately take any person arrested to the county Sheriff and place the arrested person in the custody of the county Sheriff;

(d)   The police chief and assistant police chief are empowered to enforce the criminal laws of Kansas;

(e)   The police chief and assistant police chief shall patrol the city in order to carry out their other duties; and shall watch for · fires and severe storms and report any fire or severe storms to other proper authorities.

(f)   The police chief or assistant police chief shall be responsible for any duty required by an ordinance of the city or the laws of the State of Kansas.

The fire chief shall perform the following duties:

(a)   Be in charge of the maintenance and supervision of all firefighting equipment belonging to the city;

(b)   Maintain adequate numbers of volunteer firemen to serve in case of a serious fire within the city;

(c)   Supervise the fire department;

(d)   Establish and maintain a training program for the volunteer firemen;

(e)   Maintain records on all firefighting equipment and fires at­ tended by the fire department;

(f)   The chief or other members of the fire department designated by the chief shall perform the fire inspection duties and enforce the fire safety regulations required by ordinance or the laws of Kansas respecting persons or property within the city.

Ref: For further duties of the fire chief see later Chapter on fire department.

The city attorney of the city shall have duties as follows:

(a)   The office of city attorney is hereby provided and established. The city attorney shall be a qualified elector of Chase County or of an adjoining county and an attorney, admitted to practice by the Supreme Court of the State of Kansas;

(b)   The city attorney shall attend meetings of the city council when required by the governing body and shall advise the governing body and all officers of the city upon such le­ gal questions affecting the city and its officers as may be submitted to him and shall, when requested by the governing body, give his opinion in writing upon any such question. He shall draft such ordinances, contracts, leases, easements, conveyances and other instruments in writing as may be submitted to him in the regular transaction of the affairs of the city. He shall appear for the city in all cases arising under the city ordinances before the municipal court of the District Court of Chase County, Kansas, when the prosecution of any such case is necessary, and the city attorney shall, by direction of the governing body, represent the city in all suits or proceedings in which the city may have an interest before any other court, tribunal board, commission or officer of the State of Kansas before such suit or proceeding may be had.

(K.S.A. 12-4110; 15-204; 15-309)

The city utilities supervisor shall have the following duties:

(a)   Have and exercise management and supervision over the water­ works, water mains, waste water treatment plant, storm sewers; and waste water sewers.

(b)   Attend all meetings of the governing body and submit regularly to the governing body a report on the status of the water and waste water systems;

(c)   Have care and management over all city owned property, land, buildings or equipment used in connection with the water and waste water systems;

(d)   Be responsible for the proper and efficient discharge of the duties of all city employees under his jurisdiction. Make such recommendations to the governing body as deemed necessary for the good and efficient administration of the water and waste water systems;

(e)   Investigate all complaints in relation to matters concerning the water and waste water systems;

(f)   Make studies and reports in order that the governing body may adopt such measures as may be necessary or expedient for the health, safety and welfare of the city;

(g)   Perform such other duties as the governing body may direct.

(Ord. 768; Code 2015)

The foregoing provisions of this article shall not be construed to limit the duties of the city officers herein named, but shall in every case create and establish a city off ice to be held and discharged by the officers whose appointment is provided. The governing body may create other city offices as the city may require hereafter and may abolish any office herein established which shall not have been created by the laws of Kansas for the cities of the third class.

(K.S.A. 15-204)

The members of the City Council of the City of Cottonwood Falls, Kansas, shall receive the sum of:

(a)   The following schedule of salaries, fees and rates of compensation for the various officers and employees of the City of Cottonwood Falls, Kansas, are hereby established:

(1)   Mayor - The Mayor of the City shall receive the sum of $20.00 for each meeting of the Governing Body of the City attended.

(2)   Council Members - Each council member shall receive the sum of $10.00 for each meeting of the Governing Body of the city attended.

(3)   City Clerk - The hours of employment of the City Clerk shall be from 8:00 A.M. to 12:00 noon on Monday through Friday of each week, except when one of those days is a legal holiday, and shall in addition attend each regular and special meeting of the governing body.   For such services the City Clerk shall receive compensation at the rate of $3.00 per hour.

(4)   City Treasurer - The City Treasurer shall receive the sum of $20.00 per month as full compensation for the performance of all of the duties of such office.

(5)   City Attorney - the City Attorney shall attend each regular meeting of the Governing Body of the City and such special meetings as the Mayor shall request and shall at such meetings advise the council on all legal matters as shall come before the council at such meetings. For such services he shall receive the sum of $30.00 per month. For all additional services and legal work requested to be performed on behalf of the said City, the City Attorney shall be paid such usual and customary legal fees as the council shall approve, provided that the rate and method of payment shall be agreed upon in advance and shall be made a part of the official records of minutes of the meeting at which such action is taken.

(6)   The Municipal Judge shall receive a monthly salary of $10.00.

(7)   Superintendent of Streets - The Superintendent of Streets shall perform such services and maintain such regular hours of employment as shall from time to time be established by the Governing Body by resolution or motion duly adopted. For such services he shall be paid at the rate of $3.67 per hour.

(8)   Water Superintendent - The Superintendent of the Water­ works shall perform such services and maintain such regular hours of employment as shall from time to time be established by the Governing Body by resolution or motion duly adopted. For such service he shall be paid at the rate of $3.67 per hour.

(9)   Other Employees - Other employees shall perform such du­ ties, work such hours and be paid such salaries as the Governing Body shall from time to time determine by resolution or motion duly adopted.

(b)   The said officers and employees may be paid such additional· sums or at such additional rates as the Governing Body shall establish for services performed in excess of forty hours in any one calendar week. Provisions for such additional pay shall be made by action of the Governing Body taken either by resolution or motion at any regular meeting or any special meeting called for that purpose.

(c)   The salaries, fees and rates of any pay as herein established may be modified by the Governing Body from time to time by resolution duly adopted at any regular meeting or at any special meeting duly called for the purpose of considering salaries, fees and rates of pay for officers and employees of the City.