At the first regular meeting in December of each year the mayor, by and with the consent of the council, may appoint a city attorney, municipal judge, fire chief, and such other officers as may be deemed necessary for the best interest of the city. Such officers shall hold their respective offices for a term of one year from and after the first day of January of such year or until their successors have been appointed and qualified. A majority of all members of the council may remove any such officer or employee; or for good cause, the mayor may suspend or remove any such officer with the consent of the council. No appointed officer shall be removed for any reason until such officer has been given notice and afforded the opportunity for a hearing. All of such appointments shall be entered on the journal of proceedings of the governing body.
(K.S.A. 14-201; Ord. 313, Sec. 1; C.O. No. 6; C.O. No. 18)
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. 14-1504; Code 2011)
There is hereby created and established the office of city administrator. The city administrator shall be appointed by the mayor with the advice and consent of the city council. The City Administrator shall serve at the pleasure of the city council for an indefinite period or until a successor is appointed and qualified.
(Ord. 1268, Sec. 1; Code 1987, 1-303)
The city administrator shall be the chief administrative and financial officer of the city and shall be responsible to the mayor and council for administration of city business and affairs. The city administrator shall exercise responsibilities and duties as prescribed by state statute and this code and as lawfully delegated by the mayor and/or council.
(Ord. 1268, Sec. 2; Code 1987, 1-304)
On behalf of the mayor and council, the prescribed and delegated responsibilities and duties of the city administrator shall include, but not be limited to, the following:
(a) Overall management, direction, control and supervision of all administrative departments, agencies and services of the city.
(b) Supervise, direct and assign the duties of all city employees and all appointive officers.
(c) Prepare and submit the annual budget(s) to the council.
(d) Keep the council fully, completely and timely advised as to the financial condition of the city.
(e) Exercise general supervision and control over all city purchases and expenditures in accordance with the budget and such policies as may be established by the council.
(f) Recommend to the council a schedule of salaries for all officers and employees.
(g) Have the care and management of all city-owned land, property, buildings and equipment.
(h) Develop and prepare such planning documents, short-range as well as long-range, as the governing body shall request and submit such planning documents to the governing body for action.
(i) Attend all council meetings and be permitted to participate in the discussion of items before the council and attend, when reasonably possible the meetings of the standing council committees and duly elected or appointed boards and commissions of the city and provide staff support thereto.
(j) Cause to have prepared the agenda for regular council meetings and such other special meetings as may arise.
(k) Perform the duties of the city’s risk manager.
(l) Cause to have conducted an annual inventory of all property belonging to the city.
(m) Cause to have conducted such internal audits as required and necessary.
(n) Provide information to the city council and make recommendations to the governing body as deemed necessary for the good and efficient operation of the city and its services.
(o) Maintain current knowledge of state and federal grant programs, advising the city council and mayor of the same and prepare, submit and monitor financial grants and applications.
(p) To issue orders and directives to all city officers and departments as requested by the council and receive reports and communications through the administrator’s office.
(q) Initiate investigations and conduct inquiries related to citizen complaints concerning the conduct of employees and the quality of municipal services.
(r) On behalf of the mayor and/or council, speak before public and private groups to explain the functions and operations of the city’s government.
(s) Regularly consult with the mayor and council on an equitable basis so as to insure continued and open communication on all matters affecting the city.
(t) Be responsible for the proper and efficient discharge of duties of all city officers and employees.
(u) Consult with and keep advised the city clerk as necessary to insure the capability of the clerk to serve temporarily in the absence of the administrator.
(v) Perform such other duties as the mayor and/or council may direct.
(w) Serve as the city’s Equal Employment Opportunity (EEO) officer.
(x) Hire and fire employees other than the appointed officers described herein.
(Ord. 1268, Sec. 3; Code 1987, 1-305)
There is hereby created and established the office of city clerk. Upon the recommendation of the city administrator, the city clerk shall be appointed by the mayor with the consent of the council. The City Clerk shall serve at the pleasure of the city council for an indefinite term or until a successor is appointed and qualified.
(Ord. 1269, Sec. 1; Code 1987, 1-306)
On behalf of the mayor and city council, and under the general direction of the city administrator, the city clerk shall exercise responsibilities and duties as prescribed by state statutes and city ordinances and as lawfully delegated by the mayor, council and/or city administrator.
(Ord. 1269, 1-304; Code 1987, 1-307)
The prescribed and delegated responsibilities and duties of the city clerk shall include, but not be limited to, the following:
(a) Serve as custodian of all city records.
(b) Take and maintain a record of proceedings and meetings of the governing body.
(c) Prepare and maintain a record of all ordinances and resolutions and other directives passed by the council.
(d) Cause to be published all ordinances as required by the law.
(e) File all papers and records of the city.
(f) Maintain a record of all licenses and permits.
(g) Maintain a full and accurate account of the bonds issued by the city.
(h) Supervise the billing and accounts for utility services as well as accounts for collections, appropriations and expenditures.
(i) Supervise and distribute funds according to established allocations and sign checks.
(j) Supervise the city payroll and maintain personnel files and vacation and sick leave records.
(k) Prepare monthly statements of funds on deposit and the cash position; balance bank statements.
(l) Make available all records and deposits for inspection and audit as provided by state statutes and city ordinances.
(m) Maintain the city seal.
(n) Prepare ordinances and resolutions.
(o) At the direction of the city administrator, prepare the agenda for the council meetings.
(p) Act as city administrator in the event of the absence or temporary vacancy of the office of city administrator.
(q) Perform related activities as delegated by the city administrator and/or as delegated by the mayor and council.
(Ord. 1269, Sec. 3; Code 1987, 1-308; Code 2020)
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.
(Code 1987, 1-309)
There is hereby created and established the position of deputy city clerk. He or she shall be appointed by the mayor with the consent of the city council. The deputy clerk shall act as city clerk in the event of the absence or temporary vacancy of the office of city clerk.
(Code 1987, 1-310)
The city treasurer shall:
(a) Keep a full and accurate record by fund of all moneys received and disbursed by him or her on behalf of the city.
(b) Publish a financial report within 30 days after the quarter ending in March, June, September, and December of each year.
(c) Deposit all public moneys.
(d) Pay out the funds of the city upon warrant and checks properly signed by the mayor and city clerk;
(e) Insure that securities for deposit of public funds are sufficient and in accordance with K.S.A. 9-1401 through 9-1406.
(Ord. 122; Code 1987, 1-311)
The city attorney shall be admitted to practice before the supreme court of Kansas and shall be a resident of the county or an adjoining county. He or she shall attend all meetings of the Governing Body when so requested and shall advise the mayor and members of the council and all other city officers on all legal questions affecting their duties and legal affairs of the city. He or she shall upon request draft ordinances, contracts and other legal documents pertaining to the affairs of the city. He or she is to receive additional compensation for appearance and prosecution of all violations in court.
(Code 1987, 1-311; Ord. 1832; Code 2020)
There is hereby established the position of city prosecutor. He or she must be licensed to practice law in the State of Kansas and shall have authority to prosecute all traffic cases and other violations of the ordinances of the city in all courts of appropriate jurisdiction.
(Ord. 1270, Secs. 1:3; Code 1987, 3-313; Code 2020)
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 an incompatible office. Salaries or wages of such persons shall be prorated between the proper funds of the several offices or departments.
(Code 2011)
All employees shall be subject to the Kansas employment-at-will doctrine. The City may terminate any employee for good cause or for no cause.
All city offices and departments, including the Marysville Municipal Court, may participate in the Kansas Set Off program to collect any debts due and owing the City, including without limitation, unpaid rent, rental damages, weed assessments, license fees, utility bills, fines, diversion fees and court costs. Any collection assistance fees charged by the Kansas Set Off program shall be recovered in their entirety from the debtor or in the case of Marysville Municipal Court, from the defendant. The governing body, upon application of the debtor and upon a showing of undue hardship by the debtor, may waive the collection fees in whole or in part.
All city offices and department, including the Marysville Municipal Court, may participate in using the Credit Bureau of Kansas to collect any debts due and owing the City, including without limitation, unpaid rent, rental damages, weed assessments, license fees, utility bills, fines, diversion fees and court costs. A collection fee of 25% of the total amount owed will be added to the amount owed by the debtor. The governing body, upon application of the debtor and upon showing of undue hardship by the debtor, may waive the collection fee in whole or in part.
(Code 2020)