CHAPTER I. ADMINISTRATIONCHAPTER I. ADMINISTRATION\ARTICLE 2. GOVERNING BODY

The governing body shall consist of a mayor and eight council members to be elected as provided by Charter Ordinance No. 1 as set out in Chapter 6 and Appendix A of this code.

(Code 1962, 1-101; Code 1985; C.O. No. 14)

All ordinances of the city shall be considered at a public meeting of the council, and the council shall pass all ordinances needful for the welfare of the city. The vote on final passage of an ordinance shall be taken by “yeas” and “nays” which shall be entered on the journal by the clerk; and no ordinance shall be valid unless a majority of all the members-elect vote in favor thereof. When the number of favorable votes is one less than required, the mayor shall have power to cast the deciding vote in favor of the ordinance.

(K.S.A. 12-3001, 12-3002; CO. 1962, 1-107; Code 1985)

Regular meetings of the council shall be held on the second and fourth Monday of each month at 7:00 p.m. In the event the regular meeting day shall fall on any legal holiday or any day observed as a holiday by the city offices, the council shall fix the succeeding day not observed as a holiday as a meeting day. Special meetings may be called by the mayor or acting mayor, on the written request of any three members of the council, specifying the object and purpose of such meeting, which request shall be read at a meeting and entered at length on the journal.

(K.S.A. 14-111; Ord. 1046; Code 1985; Ord. 1512)

In all cases, it shall require a majority of the council members-elect to constitute a quorum to do business.

(K.S.A. 14-111; Code 1985)

The mayor shall preside at all meetings of the governing body. He or she shall have the tie-breaking vote on all questions when the members present are equally divided. He or she shall:

(a)   From time to time communicate to the city council such information and recommend such measures as he or she may deem advisable;

(b)   Have the power to approve or veto any ordinance as the laws of the state and the rules of the council shall prescribe;

(c)   Be the official head of the city on formal occasions.

(K.S.A. 14-301, 14-305; Code 1962, 1-103; Code 1985)

The city council shall elect one of its own body as president of the council and he or she shall preside at all meetings of the council in the absence of the mayor. In the absence of the mayor and president of the council, the council shall elect one of its own body as “acting president of the council” The president and acting president, when occupying the place of the mayor, shall have the same privileges as other council members. They shall preside as mayor but may debate and otherwise act as council members, and all acts of the president or acting president, while so acting, are as binding upon the city as if done by the mayor.

(Code 1962, 1-104)

(a)   When any vacancy shall happen in the office of mayor by death, resignation, removal from the city, removal from office, refusal to qualify or otherwise, the president of the council for the time being shall exercise the office of mayor, with all the rights, privileges and jurisdiction of the mayor, until such vacancy be filled or such disability be removed, or, in case of temporary absence, until the mayor shall return. During the time he or she shall so act, he or she shall receive the same compensation that the mayor would be entitled to and in case of such vacancy, other than a temporary absence or disability, the person exercising the office of mayor shall become mayor. Thereupon the council shall elect from its membership a new president of the council.

(b)   Whenever a vacancy shall occur in the office of council member, the governing body shall appoint an elector of the ward where the vacancy occurs to be council member for the balance of the unexpired term.

(K.S.A. 14-308; Code 1985)

The mayor and each council member shall receive as compensation an amount not less than $100.00 nor more than $400.00 per year, payable annually.

(K.S.A. 14-201; Code 1962, 1-502; Ord. 1153, Sec. 2; Code 1985)

No member of the governing body or any committee thereof shall directly interfere with the conduct of any department or administrative office except at the express direction of the governing body determined at the regularly convened meeting of the council.

(Code 1962, 1-110)

The governing body shall provide such offices and administrative departments by ordinance as shall be necessary to carry out the administrative functions of the city. The council shall determine the salaries for the same.

(K.S.A. 12-1024; Code 1962, 1-108, 1-111; Code 1985)

There is hereby incorporated by reference for the purpose of establishing a code of procedure for the conduct of city council meetings of the City of Hoisington, Kansas, that certain code known as the “Code of Procedure for Kansas Cities,” Edition of 2004, prepared and published in book form by the League of Kansas Municipalities, Topeka, Kansas, save and except such articles, sections, parts or portions as are hereafter omitted, deleted, modified or changed. No fewer than three copies of said Code of Procedure for Kansas Cities shall be marked or stamped “Official Copy as Incorporated by the Code of the City of Hoisington, Kansas,” with all sections or portions thereof intended to be omitted or changed clearly marked to show any such omission or change and to which shall be attached a copy of this section, and filed with the city clerk to be open to inspection and available to the public at all reasonable hours.

(Code 2006)

(a)   Declaration of Policy - The proper operation of our government requires that public officials and employees be independent, impartial and responsible to the people; that governmental decisions and policy be made in the proper channels and that the public have confidence in the integrity of its government. In recognition of those goals, there is hereby established a Code of Ethics for all officials and employees, whether elected or appointed, paid or unpaid. The purpose of this code is to establish ethical standards by setting forth those acts or actions that are incompatible with the best interests of the city.

(b)   Responsibilities of Public Office - Public officials and employees are agents of public purpose and hold office for the benefit of the public. They are bound to uphold the Constitution of the United States and the Constitution of this State and to carry out impartially the laws of the nation, state, and city and thus to foster respect for all government. They are bound to observe in their official acts the highest standards of morality and to discharge faithfully the duties of their office regardless of personal considerations, recognizing that the long term public interest must be their primary concern. Their conduct in both their official and private affairs should be above reproach.

(c)   Dedicated Service - All officials and employees of the city should be responsive to the political objectives expressed by the electorate and the programs developed to attain those objectives. Appointive officials and employees should adhere to the rule of work and performance established as the standard for their positions by the appropriate authority. Officials and employees should not exceed their authority or breach the law or ask others to do so, and they should work in full cooperation with other public officials and employees unless prohibited from so doing by law or by officially recognized confidentiality of their work.

(d)   Fair and Equal Treatment –

(1)   Interest in Appointments. Canvassing of members of the city council, directly or indirectly, in order to obtain preferential consideration in connection with any appointment to the municipal service shall disqualify the candidate for appointment except with reference to positions filled by appointment by the city council.

(2)   Use of Public Property - No official or employee shall request or permit the use of City-owned vehicles, equipment, materials or property for personal convenience or profit, except when such services are available to the public generally or are provided as city policy for the use of such official or employee in the conduct of official business.

(3)   Obligations to Citizens - No official or employee shall grant any special consideration, treatment, or advantage to any citizen beyond that which is available to every other citizen.

(e)   Conflict of Interest - No elected or appointive city official or employee, whether paid or unpaid, shall engage in any business or transaction or shall have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his or her duties in the public interest or would tend to impair his or her independence of judgment or action in the performance of his or her official duties. Personal as distinguished from financial interest includes an interest arising from blood or marriage relationships or close business or political association. Specific conflicts of interest are enumerated below for the guidance of officials and employees:

(1)   Incompatible Employment - No elected or appointive city official or employee shall engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of his or her official duties or would tend to impair his or her independence of judgment or action in the performance of his or her official duties.

(2)   Disclosure of Confidential Information - No elected or appointive city official or employee, shall, without proper legal authorization, disclose confidential information concerning the property, government or affairs of the city. Nor shall he or she use such information to advance the financial or other private interest of himself, herself or others.

(3)   Gifts and Favors. No elected or appointive city official or employee shall accept any valuable gift, whether in the form of service, loan, thing or promise, from any person, firm, or corporation which to his or her knowledge is interested directly or indirectly in any manner whatsoever in business dealings with the city; nor shall any such official or employee (a) accept any gift of over $100.00, favor or thing of value that may tend to influence him or her in the discharge of his or her duties or (b)       grant in the discharge of his or her duties any improper favor, service, or thing of value. The prohibition against gifts or favors shall not apply to: (a) an occasional nonpecuniary gift, of only nominal value or (b) an award publicly presented in recognition of public service or (c) any gift which would have been offered or given to him or her if not an official or employee.

(4)   Representing Private Interest Before City Agencies or Courts - No elected or appointive city official or employee whose salary is paid in whole or in part by the city shall appear in behalf of private interest before any agency of this city. He or she shall not represent private interests in any action or proceeding against the interest of the city in any litigation to which the city is a party.

(Code 2006)