The Governing body shall consist of a mayor and eight council members who shall be elected and hold office as provided in Charter Ordinance No. 6 and in Chapter 6 and of this code. No member of the governing body shall have been convicted of a felony or serious misdemeanor involving truth or dishonesty. No member of the governing body shall be permitted to serve while listed on the Kansas Offender Registry or Kansas Child Abuse Registry or any registry of any other state that is equivalent to the criminal offender and child abuse registries of the State of Kansas. A qualified member of the governing body must have physical residency within the corporate city limits. Residency shall be verified through a legal form of identification.
(C.O. No. 6; Code 2011)
All powers exercised by cities of the second class or which shall hereafter be conferred upon them shall be exercised by the governing body, subject to such limitations as prescribed by law.
(K.S.A. 12-103; Code 2011)
(a) Regular meetings of the governing body shall be held on the second and fourth Mondays of each month at 7:00 p.m. In the event the regular meeting day shall fall on any legal holiday, any day observed as a holiday by the city offices or the day before Christmas, the governing body shall fix the succeeding day not observed as a holiday as a meeting day.
(b) Special meetings may be called by the mayor or acting mayor, on the written request of any three members of the city council, specifying the object and purpose of such meeting, which request shall be read at a meeting and entered at length on the journal.
(c) Regular or special meetings of the governing body may be adjourned for the completion of its business at such subsequent time and place as the governing body shall determine in its motion to adjourn.
(K.S.A. 14-111; Ord. 1143, Sec. 1:2; Code 2011; Code 2020)
In all cases, it shall require a majority of the council members-elect to constitute a quorum to do business; but a smaller number may adjourn from day to day, and may compel the attendance of absent members, in such manner and under such penalties as the council by ordinance may have previously prescribed.
(K.S.A. 14-111; Code 2011)
The mayor shall preside at all meetings of the governing body. The mayor shall have tie breaking vote on all questions when the members present are equally divided. The mayor shall have the superintending control of all the officers and affairs of the city and shall take care that the ordinances of the city are complied with. In addition, the mayor shall:
(a) Sign the commissions and appointments of all officers elected or appointed;
(b) Endorse the approval of the governing body on all official bonds;
(c) From time to time communicate to the city council such information and recommend such measures as the mayor may deem advisable;
(d) Sign all orders and drafts drawn upon the city treasury for money.
(K.S.A. 14-301:310; Code 1987; Code 2011)
The city council shall elect one of its own body as president of the council. The president of the council shall preside at all meetings of the council in the absence of the mayor. In the absence of both the mayor and the president of the council, the council shall elect one of its members as “acting president of the council.” The president and acting president, when occupying the place of mayor, shall have the same privileges as other council members but shall not have any veto authority. The President of the Council shall be selected at the first regular meeting of the governing body following the qualifications of new council members elected at the regular city election.
(K.S.A. 14-204, 308, 12-3003; Code 1987, Ord. 855, Sec. 1)
The governing body may designate whether the administration of city business and affairs, the administration of a policy or the carrying out and enforcement of any ordinance or other order shall be performed by a committee, the mayor or by appointive officer. If no administrative authority is designated, it shall be vested in the mayor.
(Code 1987)
The mayor shall have the power to remit fines and forfeitures and to grant reprieves and pardons for offenses arising under the ordinances of the city, by and with the consent of the council; but no such fine or forfeiture shall be remitted or pardon granted except at a legal session of the governing body, nor unless the reasons therefore, together with the order of remission or pardon, be entered on the journal by the clerk.
(K.S.A. 14-310; Code 1987, 1-206)
Members of the governing body shall receive as compensation such amounts as may be fixed by resolution.
(Code 1987, 1-207)
Each member of the governing body shall be entitled to reimbursement for out of pocket expenses incurred in the performance of official duties. The reimbursement shall be made only upon submission of an itemized claim filed within 30 days of the date on which the expense was incurred.
(Code 1987, 1-208)
The governing body may provide such standing or special committees as may be needed and, unless it shall otherwise determine, such committees shall be appointed by the mayor. Standing committees shall be constituted at the first regular meeting of the governing body following the qualifications of new council members elected at the regular city election and shall continue for a year. When a new council member is selected to fill a vacancy in the council, he or she shall be assigned to standing committees and, in such event, the governing body may authorize the reappointment and reorganization of any or all committees.
(Code 1987, 1-210)
The following shall constitute guidelines for rules and order of business of the city:
At the hour appointed for meeting, the governing body shall be called to order by the mayor, and in the absence of the mayor, by the president of the council or acting president. The city clerk shall call the roll and note the absentees and announce whether a quorum is present. Upon the appearance of a quorum, the governing body shall proceed to business, which shall be conducted in the following order: (1) reading of the minutes of the last regular meeting and intervening special meetings, which if no corrections are offered, shall stand approved; (2) presentation of petitions, memorials and other public comment; (3) consent agenda; (4) reports of city officers, committees and staff; (5) standing committee reports; (6) new business; (7) presentation of claims and appropriation ordinance; (8) round table discussion, reports of other city officers and committees, recap and follow-up of previously discussed items; and (9) appointments and wage determinations.
In all points not otherwise covered herein, the governing body shall be governed in its procedure by the League of Kansas Municipalities’ “Code of Procedure for Kansas Cities” Fourth Edition.
(Code 1988; Ord. 1863; Code 2020)
(a) Declaration of Policy – The proper operation of city 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 Officials and Employees – 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 vote on any issue concerning or otherwise participate in his or her official capacity as a public official or employee in the making of any contract with any person or business in which the officer or employee owns legal or equitable interest that exceeds Five Thousand Dollars or five percent, whichever is less individually or collectively with his or her spouse or in which the officer or employee shall hold the position of officer, director, irrespective of the amount of compensation received from or ownership held in the business. The prohibitions contained in this section shall not apply to contracts let after competitive bidding has been solicited by published notice, and the contracts for property or services for which the price or rate is fixed by law. Elected or appointive city officials or employees should avoid the appearance of impropriety through 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 which 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 appointed 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, 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 in any improper favor, service, or thing of value. The prohibition against gifts or favors shall not apply to: (a) an occasional non-pecuniary 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 unless such representation is disclosed and no objection to such representation is raised. Except as otherwise allowed, he or she may not represent private interests in any action or proceeding against or adverse to the interest of the city in any litigation to which the city is a party.
(f) Violation of any of these codes could result in the strongest penalty allowed by law.
(Code 2011; Ord. 1927)
(a) There is hereby created an Advisory Committee to be known as the Marysville Youth Advisory Committee.
(b) The purpose of the Youth Advisory Committee is to provide the City Council a youth perspective on issues that affect the City of Marysville and to provide youth to be active and make a difference in their community.
(c) The Marysville Youth Advisory Committee (MYAC) shall be composed of at least 6 but not more than 12 student members and 1 non-voting liaison from the governing body in the following manner:
(1) Student Members:
(A) Every student member shall live in the city limits of Marysville or be a student enrolled at Marysville High School USD 364 and shall remain a resident or student throughout his or her term.
(B) Each student shall have successfully completed the 8th grade.
(C) Representation: The Mayor and City Council shall endeavor to appoint members so that a diverse representation reflecting the community is achieved. Members of MYAC shall include:
(i) Two members representing the senior class
(ii) Two members representing the junior class
(iii) Two members representing the sophomore class
(iv) Two members representing the freshman class
(v) Up to four members chosen from the community at large
(D) Appointment: Members of the MYAC shall be appointed by the Mayor and approved by the City Council annually at its first meeting in June or at other times as determined by the City Council.
(E) Term of Service: Members of the MYAC shall serve a term of one year. After serving they must be reappointed by the City Council in order to continue serving on the committee. A member’s term shall automatically cease upon the occurrence of one of the vacancy conditions set forth in subparagraph (F) below.
(F) Vacancies:
(i) A Committee member's term shall automatically cease, and a vacancy shall occur upon the occurrence of any one of the following conditions:
a. A member no longer resides in the City of Marysville and no longer attends Marysville High School USD 364.
b. A member graduates from high school or otherwise leaves high school.
c. A member voluntarily vacates his or her seat.
(ii) A Committee member may be removed upon recommendation of the Mayor and approval of the City Council.
(iii) Upon removal by the City Council, the member's seat on the Committee shall be considered vacant.
(iv) Vacancies shall be filled in the same manner as appointments for the Committee.
(2) The Mayor shall appoint a member of the governing body as a liaison to the committee.
(d) The MYAC shall meet at least one time per month no later than the fourth Monday of the month at City Hall.
(1) All meetings of the Committee shall be open and public, except for such matters as may lawfully be considered in executive session.
(2) A quorum of the Committee shall consist of five (5) student members.
(3) A special meeting may be called at any time by either the Chair or City of Marysville Staff Representative by delivering written notice to each member and the city council liaison. The call and notice shall specify the time and place of the special meeting and the business to be transacted. No other business shall be considered at such meeting by the committee.
(Ord. 1941)