CHAPTER 1. ADMINISTRATIONCHAPTER 1. ADMINISTRATION\Article 4. Administrative Departments

The following departments are hereby established for the administration of the affairs of the city:

(a)   Department of Law;

(b)   Department of Electric Generation;

(c)   Department of Electric Distribution;

(d)   Department of Public Works;

(e)   Department of Public Welfare;

(f)   Department of Safety;

(g)   Department of Finance;

(h)   Department of Engineering.

(K.S.A. 12-1024, Code 1962, 1-301; Code 1985)

(a)   The affairs of the various departments shall be administered by the following officers, employees and boards, all of which shall be appointed by the city manager, unless otherwise provided bylaw. The city manager need not appoint or employ any officer, employee or board when the business of the city shall not require it.

(1)   Department of Law

(A)  City Attorney

(B)  Assistant City Attorney

(C)  Municipal Judge

(2)   Department of Electric Generation

(A)  Service Staff

(3)   Department of Electric Distribution

(A)  Service Staff

(4)   Department of Public Works

(A)  Waterworks Division

(B)  Building, Zoning and Inspection Division

(C)  Parks Division

(D)  Streets Division

(E)   Sewerage Division

(F)   Cemetery Division

(G)  Refuse Division

(H)  Service Staff

(5)   Department of Safety

(A)  Police Department (Chief and Members)

(B)  Fire Department (Chief and Members)

(C)  Ambulance Service (Director and Emergency Technicians)

(6)   Department of Finance

(A)  Director of Finances

(B)  City Clerk

(C)  City Treasurer

(D)  Purchasing Agent

(b)   The city manager is authorized to act and perform the duties of director of any of the foregoing divisions for which he or she is qualified and may designate some city officer as the director of any division to which such officer may be assigned in those cases where no other provision is made for such appointment.

(K.S.A. 12-1024; Code 1962, 1-302; Code 2006)

The department of law is established to administer the legal affairs of the city. The department shall be under the supervision of the city attorney who is charged with the general direction and supervision of the legal affairs of the city.

(Code 1962, 1-303; Code 1985)

(a)   The city attorney shall:

(1)   Attend all meetings of the governing body when so directed to attend by the city manager

(2)   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;

(3)   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;

(4)   Approve all ordinances of the city as to form and legality;

(5)   Perform such other duties as may be prescribed by the governing body and the Kansas statutes;

(6)   Be authorized to designate a city prosecutor who shall prosecute municipal violations before the municipal court.

(7)   Be an attorney of law admitted to practice in the Supreme Court of the State of Kansas;

(8)   Appear and prosecute or defend all cases in all courts where the city is a party, as directed by the governing body.

(b)   The assistant city attorney, if one is appointed, shall perform such duties of the city attorney as are assigned to him or her by the city attorney, or city manager, and in the absence of the city attorney, he or she shall perform the duties of the city attorney.

(Code 1962, 1-303; Code 1985)

It shall be the duty of the municipal judge to preside at the sessions of the municipal court and to exercise and perform the powers and duties imposed by statute or by laws of the city upon municipal judges and municipal court.

(Code 1962, 1-303, Sec. 3; Code 1985)

The department of electric generation and the department of electric distribution shall be under the direct management of the city manager. They shall be operated in accordance with the applicable provisions of Chapter 15 of this code.

(Code 1985)

The department of public works shall consist of the following service divisions and have the primary supervision of the city affairs assigned to the divisions:

(a)   The Waterworks Division. - The waterworks division shall be under the direct management of the director of public works. It shall be operated according to the applicable provisions of Chapter 15 of this code.

(b)   Building, Zoning, and Inspection Division. - The building, zoning and inspection division shall be charged with administration of the city code relating to zoning, the construction of buildings and advertising signs, the installation and maintenance of plumbing, electrical wiring, gas piping on private premises and shall issue all permits and make the inspections in connection therewith required by such city laws.

(c)   Parks Division. - The parks division shall be charged with the care and maintenance of the city parks, grounds and recreation facilities operated in connection therewith.

(d)   Streets Division. - The street division shall be charged with the care, cleaning, safety drainage and maintenance of the streets, alleys, sidewalks and public ways of the city and all equipment used in connection therewith except in those cases where the same are improved or re-improved by special contracts or where other provision is made by city law pertaining to sidewalks or removal of snow and ice therefrom.

(e)   Cemetery Division. - The cemetery division shall administer all municipal laws pertaining to the care, improvement and maintenance of the city cemetery and all machinery and equipment used for such purposes, and the laws of Kansas relating to cemeteries and burial of the dead.

(f)   Refuse Division. - The refuse division shall perform the city functions pertaining to the collection, removal and disposal of garbage and trash as provided by city law and the care and maintenance of the city vehicles and equipment used for such purposes.

(g)   Service Staff: Foremen, Superintendents. Employees. - The city manager is authorized to appoint such number of skilled employees and laborers as may be needed for carrying on the work and performing the duties imposed by this code section upon the department of service within the available funds or the annual city budget. He or she may appoint the necessary superintendents or foremen to supervise the work of the various divisions and appoint the necessary employees of each division as may be required during the year.

(Code 1962, 1-304; Code 1985)

(a)   The department of public welfare is established to administer the affairs of the city pertaining to protection of the health of the inhabitants of the city and to abatement of nuisances and unsanitary conditions within the city.

(b)   The city health officer shall perform ail of the duties prescribed by law pertaining to the duties for such officer.

(Code 1962, 1-305; Code 2006)

The department of safety is established to administer the affairs of the city pertaining to police and fire protection and shall consist of the police department and the fire department.

(Code 1962, 1-306; Code 1985)

The chief of police, subject to direction of the city manager, shall be in charge of the police department which shall consist of the chief of police and such number of police officers as the city manager shall determine. The powers and duties of the chief of police and police officers shall be those prescribed by statute and the laws of the city.

(Code 1962, 1-306, Sec. 1; Code 1985)

The fire chief, subject to the direction of the city manager, shall be in charge of the fire department, which shall consist of the fire chief and such number of volunteer firefighters as shall be deemed necessary by the city manager. The city manager may also arrange for the services of such number of firefighters as he or she deems necessary and may contract to pay them reasonable compensation for their services but such contract must be reduced to writing and approved by the governing body and must provide a maximum total compensation to be paid to firefighters during any year. The fire chief and firefighters shall have such powers and duties as are prescribed by statute and the laws of the city.

(Code 1962, 1-306, Sec. 2; Code 1985)

The ambulance director, subject to the direction of the city manager shall be in charge of the ambulance service, which shall consist of the ambulance director assistant director and such number of volunteer emergency medical technicians as shall be deemed necessary by the city manager. The city manager may also arrange for the services of such number of emergency medical technicians as he or she deems necessary and may contract to pay them reasonable compensation for their services but such contract must be reduced to writing and approved by the governing body and must provide a maximum total compensation to be paid to emergency medical technicians during any year. The ambulance director, assistant director and emergency medical technicians shall have such powers and duties as are prescribed by statute and the laws of the city.

(Code 1985)

The department of finance shall be under the supervision of the city clerk/finance officer, hereafter referred to as City clerk. The department shall consist of the city clerk, city treasurer and such other officers and employees as may now or hereafter be provided for by city law or as may be deemed necessary by the city manager to effectively carry out the work of this department. Such officers shall have such powers and duties as are prescribed by statute and by the laws of the city.

(Code 1962, 1-307, Sec. 1; Code 1985)

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 1962, 1-307, Sec. 2; Code 1985)

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. The city clerk’s 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 1962, 1-307, Sec. 2; Code 1985)

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 the city clerk’s office.

(Code 1962, 1-307, Sec. 2; Code 1985)

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 requested 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 of the Kansas statutes.

(Code 1985)

(a)   The office of deputy city clerk is hereby created. When appointed as herein required, such deputy city clerk shall have the duties and authority delegated to such officer by the city clerk, not exceeding or inconsistent with the duties and authority of the city clerk.

(b)   The office of deputy city clerk shall be filled by appointment by the city manager and such deputy shall serve at the pleasure of the city manager.

(Ord. 1061, Sees. 1, 3)

The duties of the city treasurer shall be as follows:

(a)   Receive all moneys belonging to the city and giving a receipt therefor, provided, that for all money received from any other source than the city clerk, the city treasurer shall give two receipts causing one to be filed with the city clerk;

(b)   Keep a record of all money received and paid out in a ledger account book provided by the governing body;

(c)   Publish or cause to be published quarterly statements of the financial records of the city in the manner and style provided by law;

(d)   Payout city funds only upon orders or warrants properly signed by the mayor and city clerk;

(e)   Cancel all orders and warrants as soon as paid filing them at the time of making quarterly statements subject to the inspection of the governing body in the office of the city clerk;

(f)   File with the city clerk on the first day of each month a complete report of the receipts and expenditures of the city during the preceding month, showing the day, amounts received, deductions from, and the balance in each fund;

(g)   Make a quarterly settlement with the governing body on the 15th days of March, June, September and December of each year keeping the settlement in a special book provided by the governing body which shall be endorsed by each member of the governing body making such settlement, showing the names of members approving or disapproving same;

(h)   Perform such other and further duties as may be provided by the governing body.

(K.S.A. 10-803; K.S.A. 12-1608; Code 1962, 1-307, Sec. 2; Code 1985)

The city treasurer 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 1962, 1-307, Sec. 2; Code 1985)