CHAPTER I. ADMINISTRATIONCHAPTER I. ADMINISTRATION\Article 3. General Administration

The administration of city business shall be comprised of the following departments:

(a)   Department of Administration

(b)   Department of Public Works

(c)   Department of Public Safety

(d)   Department of Law

The affairs of the departments shall be administered by the following officers and employees, all of whom shall be appointed by the City Manager, unless otherwise provided by law.

(a)   Department of Administration

(1)   City Clerk

(2)   City Treasurer\Finance Director

(b)   Department of Public Works

(1)   Street Department

(2)   Utilities Department

(3)   Engineering Department

(4)   Recreation Department

(c)   Department of Public Safety

(1)   Police Department

(2)   Fire Department

(3)   Communications Department

(d)   Department of Law

(1)   City Attorney

(2)   Municipal Court

Compensation to be paid to officers and employees of the city as salaries shall be adopted in the annual pay plan by the Governing Body upon the basis of schedules fixed in accordance with the classification of the office or employment prepared by the City Manager in all such cases. The personnel records of each city officer and employee shall show the date of appointment or employment, classification, and the salary paid as the same may be changed or fixed from time to time.

The City Manager shall prepare rules and regulations to be approved by the Governing Body establishing the terms and conditions of employment by the city, which shall be applicable to all officers and employees of the city.

The investment of municipal funds shall be made pursuant to the provisions of K.S.A. 12-1675 et seq.

The interest earned on all municipal accounts shall be deposited or credited to the fund of origin.

(Ord. 2921)

In accordance with K.S.A. 12-16,102, an Employee Benefits Contribution Fund shall be maintained for the purpose of paying the city’s share of the following employee benefits:

(a)   Social Security (FICA)

(b)   Kansas Public Employees Retirement System (KPERS)

(c)   Kansas Police and Firemen’s Retirement System (KP&F)

(d)   Kansas Worker’s Compensation Fund

(e)   Kansas Employment Security Fund

(f)   Federal Unemployment Tax Act (FUTA)

(g)   Cafeteria Plan Benefits

(Ord. 2564)

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:

(a)   In which the officer or employee owns a legal or equitable interest that exceeds five thousand dollars ($5,000.00) or five percent (5%), whichever is less, individually or collectively with his or her spouse; or

(b)   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 one thousand dollars ($1,000.00) or more; or

(c)   In which the officer or employee shall hold the position of officer or 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 contracts for property or services for which the price or rate is fixed by law.

Unless expressly excluded, the following Code of Ethics shall apply to all elected and appointive officers and employees of the City. Violation of the Code of Ethics constitutes a Code violation which may be prosecuted before the municipal court.

(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)   Responsibility 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 of 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. The official as well as private conduct of all officers and employees, particularly elected and appointive officers, has consequences for the level of trust citizens have in the honesty and integrity of the city government. Consequently conduct in both official capacities and private affairs must 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 form so doing by law or by officially recognized confidentiality of their work.

(d)   Interest in Appointments. Canvassing of members of the Governing Body, 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 Governing Body.

(e)   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.

(f)   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.

(g)   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 or which can reasonably be expected to have results adverse to financial or other interests of the City.. 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 known to be interested directly or indirectly in any manner whatsoever in business dealings with the city; nor shall any such official or employee accept any gift, favor or thing of value that may tend to influence such official or employee in the discharge of any duties, or grant in the discharge of any duties any improper favor, service, or thing of value. The prohibition against gifts or favor shall not apply to an occasional nonpecuniary gift of only nominal value, an award publicly presented in recognition of public service, or any gift which would have been offered or given 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 interests before any agency of this city. No such elected or appointive city official or employee shall represent private interests in any action or proceeding against the interest of the city in any litigation to which the city is a party.

(Ord. 2991)