At the first regular meeting in May of each year the mayor, by and with the consent of the council, may appoint a city clerk and city treasurer, and may appoint a city attorney, municipal judge, chief of police and such other officers as may be deemed necessary for the best interest of the city. Such officers shall hold their respective offices until their successors have been appointed and qualified. All such appointments shall be entered on the journal of proceedings of the governing body. The duties and salaries of all appointed officers shall be fixed by ordinance.

(K.S.A. 15-204; Code 2012)

The mayor with consent of the council shall have authority to hire all other employees, or such authority may be delegated to the respective department heads.

(Code 2012)

(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.

(d)   No officer or employee shall be removed for any reason until he or she has been given notice and afforded the opportunity for a hearing.

(K.S.A. 15-204; Code 2012)

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. 15-204; Code 2012)

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 2012)

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 2012)

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 2012)

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 2012)

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 an annual 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 2012)

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 mayor;

(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 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 1987, 2.04.010:020; Code 2012)

The governing body may appoint a city prosecutor in accordance with section 1-301. In the event that there is no city prosecutor, the city attorney shall serve in such capacity.

(Code 2012)

There is hereby continued the position of city administrator who shall be under the direct supervision of the mayor and council of the city of Medicine Lodge. The city administrator will be hired by the mayor with council approval; he or she may be discharged with a majority vote of the governing body. The city administrator may resign by submitting a resignation in writing at least sixty (60) days prior to the expected departure date.

(Ord. 849, Sec. 1; Code 2012)

Except as otherwise provided by law or city ordinance, the city administrator shall:

(a)   Manage, direct, control and supervise all the administrative departments and services of the city.

(b)   Subject to K.S.A. 15-204, and amendments thereto, recommend to the mayor and city council actions concerning the hiring and discharge of all officers and department heads.

(c)   Supervise, direct and assign the duties of all department heads and employees.

(d)   Assist in the preparation and submission of the annual budget to the governing body and to keep the governing body fully, completely and timely advised as to the financial condition of the city and provide the basis for any annual audit.

(e)   Keep the governing body advised of all grants or other benefit applications made and pursue new grants and new businesses for the city.

(f)    Assist in the preparation of all forms authorized or required by the state or federal government.

(g)   Exercise general supervision over all city purchases and expenditures in accordance with the budget and such policies as established by the governing body.

(h)   Review performance and prepare evaluations and recommend to the governing body a schedule of salaries for all officers and department heads on a yearly basis.

(i)    Work with the city council and planning commission to adopt a comprehensive plan and short-range, as well as long-range goals as the governing body shall request and shall submit such planning to the governing body for action as needed.

(j)    Attend all meetings of the governing body, planning commission, and such other meetings of commissions and other organizations as the governing body shall designate and shall regularly report on the status of the city and its services to the governing body.

(k)   Conduct weekly informational meetings with department heads and employees.

(l)    Except for the purpose of inquiry, the governing body and its members shall deal with the city staff solely through the city administrator and neither the governing body nor any member shall give orders/direction to any employees of the city.

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

(Ord. 849, Sec. 2; Code 2012)

In the event the City Administrator with or without notice becomes incapacitated and is unable to perform his or her duties, the Governing Body shall convene at its earliest convenience to appoint an interim City Administrator to perform any and all duties required of the position until such time as the City Administrator has returned to work or the position can be filled on a permanent basis.

(Ord. 849, Sec. 4; Code 2012)

If any phrase, clause, paragraph or section of sections 1-313:315 is declared unconstitutional or invalid by any court of competent jurisdiction, it is hereby declared that the governing body would have enacted the remaining provisions without the phrase, clause, paragraph or section so held unconstitutional or invalid.

(Ord. 849, Sec. 3; Code 2012)

(a)   There is herby established the position of superintendent of public services. The superintendent will be appointed annually by the mayor with council approval. However, the superintendent may be discharged from the position at anytime by a vote of the city council. The superintendent may also resign by submitting a resignation, in writing, at least 30 days prior to the expected departure date.

(b)   Essential functions include:

(1)   Plan, organize, direct, supervise, and review all the operations of the public works activities of the city.

(2)   Plan staff organization and personnel assignments.

(3)   Organize and make presentations or recommendations for the City

(4)   Administrator and /or City Council as deemed appropriate for any changes or proposals for the department.

(5)   Help prepare an annual working budget for the department from guidelines set by the city administrator and city council.

(6)   Consult with engineers, surveyor crews and other specialists on department problems.

(7)   Be responsible for working budget expenditures for the department.

(8)   Prepare and is accountable for the purchases and bill listing for the department subject to the procurement process of the City of Medicine Lodge.

(9)   Oversee the regular checks on utility infrastructure including the water system, city wells; water distribution; water pump stations; sanitary sewer collection; sewer lift stations, and sewer treatment plant to assure compliance with standards set by the Kansas Department of Health and Environment.

(10) Oversee the city’s solid waste collection system.

(11) Assure that the storm drainage and streets remain in good repair.

(12) Oversee the construction, repair, and maintenance of the City’s utility infrastructures.

(13) Have administrative responsibility for the city animal control, code enforcement, and subdivision regulations.

(14) Perform regular staff evaluation and takes disciplinary action as needed. Dismissal of an employee will need prior city administrator knowledge.

(15) Direct department workers to assist other departments as deemed necessary by the City Administrator.

(16) Oversee the maintenance of the city parks and recreation area including the Recreation Center; and oversees the city responsibilities as to the Barber County State Lake, pursuance to the agreement with Kansas Department of Wildlife and Parks.

(c)   Marginal functions include: perform related work as required.

(d)   Employees at Will. The Superintendent of Public Services is an employee at will in accordance with appropriate Kansas State Statutes. Therefore the Superintendent serves at the will and pleasure of the mayor and city council who can remove him/her from the position at anytime.

(e)   Interim Superintendent. In those instances where a vacancy exists, the mayor upon advice and consent of the city council may appoint an interim placement in the position. However, the interim shall not serve more than 120 consecutive days from the date of assuming the position. At the end of the 120-day period, interim shall either be appointed for the permanent position or a different interim appointed. This paragraph is included in order to prevent an interim position from becoming a long term one without official action. The interim superintendent shall be reasonably compensated for assuming the additional responsibilities.

(Ord. 782; Code 2012)

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 2012)

(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 2012)