The mayor, with the consent of the council, may appoint at the second regular meeting of the governing body in January of each year, the following city officers:
(a) A Municipal Judge of the Municipal Court.
(b) A Treasurer.
(c) A Chief of Police and other law enforcement officers as are necessary.
(d) A City Attorney.
(e) Any other officer deemed necessary.
Such officers shall hold an initial term of office of not to exceed one year and until their successors have been appointed and qualified. Any officers who are reappointed shall hold their offices for a term of one year and until their successors are appointed and qualified, the duties and pay of the various officers shall be regulated by ordinance. Any officer may be removed by a majority of vote of the total membership elected or appointed to the council and may be suspended at any time by the mayor.
(K.S.A. Supp. 15-204; Ord. 788, Sec. 1; Code 1991; C.O. No. 1237-17-03; Code 2022)
The council shall have authority to hire all other employees.
(Code 1991)
(a) A majority of all members elect of the governing body may remove any appointed officer.
(b) For good cause, the mayor may suspend at any time any appointed officer.
(c) Employees, other than appointed officers, may be removed by the mayor upon recommendation of the respective department heads and approval of the council.
(K.S.A. 15-204; Code 1991)
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 1991)
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;
(g) Maintain office hours from 9:00 a.m. to 5:00 p.m. Monday through Friday, excluding holidays observed by the city;
(h) Perform such other duties as may be prescribed by the governing body or the Kansas statutes;
(i) Have the authority to sign purchase orders and contracts of $300 or less, without approval of the mayor or governing body;
(j) Have authority to sign purchase orders and contracts exceeding $300, only with approval of the governing body, or, in an emergency, only with approval of the mayor.
(Ord. 883, Sec. 1; Ord. 885, Sec. 4; Code 1991; Ord. 1067; Code 2022)
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 fund of the city and the cash balance existing in each fund;
(d) Keep an accurate account of all bonds issued by the city;
(e) Keep a record of all special assessments.
(Code 1991)
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 1991)
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 or the Kansas statutes.
(Code 1991)
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 1991)
The office of city superintendent is hereby created.
The city superintendent shall:
(a) Have and exercise general management of and supervision over the public works department; utility services (including, as applicable, generation, treatment, storage, distribution and delivery), streets (including signs, sidewalks, curbs, gutters, easements, rights-of-way, alleys, bridges, culverts and waterways), real property (including all buildings and improvements located thereon and all uses thereof), and personal property (including all public works equipment, machinery, tools, materials and supplies);
(b) Recommend employment and termination of all department employees, and assign their duties and supervise their work;
(c) Have custody of and maintain all department records;
(d) Have custody of and maintain in good repair and good working order all city real property and all personal property pertaining to the public works department;
(e) Have authority to sign purchase orders and contracts of $500 or less, without approval of the mayor or governing body;
(f) Have authority to sign purchase orders and contracts exceeding $500, only with approval of the governing body, or in an emergency, only with approval of the mayor;
(g) Perform the duties of inspector of buildings, construction, plumbing installations (water service, gas service and sanitary sewer service), electrical wiring and electricity service installations, and such other inspections as are now or may hereafter be required by ordinance or authorize his or her agent to do so;
(h) Be a working-superintendent, and assume and perform regular public works duties in the absence of subordinates;
(i) Attend meetings of the governing body or its committees, and make reports thereto, as directed by the governing body; and
(j) Perform such other duties as may be prescribed by the governing body and the Kansas statutes.
(Code 1991)
The office of chief of police is hereby created. The chief of police shall:
(a) Have and exercise general management of and supervision over the police department;
(b) Recommend employment and termination of all department employees, and assign their duties and supervise their work;
(c) Attend meetings of the governing body or its committees, and make reports thereto, as directed by the governing body;
(d) Have custody of and maintain all department records;
(e) Have custody of and maintain in good repair and good working order all department property;
(f) Have custody of and maintain security of all evidence in the department’s possession;
(g) Have authority to sign purchase orders and contracts of $300 or less, without approval of the mayor or governing body;
(h) Have authority to sign purchase orders and contracts exceeding $300, only with approval of the governing body, or, in an emergency, only with approval of the mayor;
(i) Be a working-chief, and assume and perform regular patrol duties in the absence of subordinates; and
(j) Perform such other duties as may be prescribed by the governing body or the Kansas statutes.
(Code 1991)
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 council when so directed to attend by the governing body;
(b) Advise the city council 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 council, 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 council;
(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.
(Ord. 953; Code 1991)
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 for incompatible offices. Salaries or wages of such persons shall be prorated between the proper funds of the several offices or departments.
(Code 1991)
(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 1991)
All employees of the City of Attica are expected to live within corporate limits of the city, or within 3 miles from the edge of city limits. Employees wishing to reside outside the corporate limits of the city may request a waiver of the residency requirement from the City Council for good cause. This Governing Body is allowed to deny any waiver request. Failure to establish residency within 90 days shall be considered cause for termination.
(Ord. G-1214-15-04; Code 2018)