CHAPTER I. ADMINISTRATIONCHAPTER I. ADMINISTRATION\ARTICLE 3. OFFICERS AND EMPLOYEES

(a)   The mayor shall appoint, by and with the consent of the council, a municipal judge and a city attorney and may appoint such other officers as they may deem necessary. Officers so appointed and confirmed shall hold their offices for a term of one (1) year and until their successors are appointed and qualified. Other city officials (e.g., city manager, city clerk, and chief of police) shall be employees at-will, appointed by the mayor and confirmed by the council. The council shall by ordinance specify their duties and compensation and by ordinance may abolish any office created by them whenever they may deem it expedient. The council may retain a licensed professional engineer to act in the capacity of engineer for specifically defined duties, and provide for reasonable compensation for the services rendered. Effective the 1st day of November, 2021, the services and compensation of the Beloit City Attorney will be set forth by separate contract, rather than by ordinance.

(b)   The city clerk need not be a qualified elector of the city of Beloit, Kansas, and may reside outside of the city limits of Beloit, Kansas. Said official must reside within Mitchell County, Kansas, and must reside within a 15 minute legal drive from the city limits of Beloit, Kansas.

(c)   Law enforcement officers need not be qualified electors of the city of Beloit, Kansas, but must be residents of the State of Kansas. Other residency requirements will be as stated in the city’s Personnel Policy, which may be amended from time to time.

(Ord. No. 2, Sec. 3, Code 1988; C.O. No. 7; C.O. No. 12; Ord. 2133; C.O. No. 13; Code 2016; C.O. No. 14; Ord. 2300; C.O. No. 21)

(Code 1988; Code 2016)

The city council may remove the municipal judge and city attorney. The removal of the City Manager and all other employees is subject to the terms of the City Code and the City’s Personnel Policy.

(Code 1988; Code 2016; Ord. 2202)

Whenever a vacancy occurs in the office of the municipal judge or city attorney, the vacancy shall be appointed by the mayor, by and with the consent of the governing body. Any person appointed to fill such vacancy shall serve only until the next regular time for appointment.

(Code 1988; Ord. 2202)

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 or resolution of the city in the ordinance books or resolution books, respectively 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 1988)

The city clerk shall:

(a)   Prepare and keep suitable fiscal records according to generally accepted accounting principles, subject to Charter Ordinance No. 4, which exempts the city from maintaining fixed asset records and accountings.

(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/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.

(Ord. No.2, Sec.1; Code 1983; Code 2016)

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 his/her office.

(Code 1983)

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. The clerk shall perform such other duties as may be prescribed by the governing body or the Kansas statutes.

(Code 1983)

The deputy city clerk shall, in the absence of the city clerk, have the same powers and duties as the city clerk set forth in 1-305 through 1-308.

(Code 1988)

The city treasurer shall:

(a)   Keep a full and accurate record;

(b)   Publish a quarterly financial statement;

(c)   Deposit all public moneys and sign all checks of the city;

(d)   Pay out the funds of the city upon warrant and checks properly signed by the mayor and city clerk;

(e)   Perform such other duties as may be prescribed by the governing body or the Kansas statutes.

The governing body may designate the city clerk to fulfill the duties of city treasurer.

(K.S.A. 10-803; K.S.A. 12-1608; Code 1983; Code 2016)

Effective the 1st day of November, 2021, the services and compensation of the Beloit City Attorney will be set forth by separate contract, rather than by ordinance.

(Ord. 1695, Code 1983; Code 2016; Ord. 2195; Ord. 2300)

The city engineer shall be a licensed professional engineer in the State of Kansas. He or she shall be responsible for:

(a)   The design and specifications for all city streets, sewers, water lines, public buildings and other public facilities;

(b)   The inspection of all public works projects including streets, sewers, water lines and other public facilities;

(c)   The general supervision of the maintenance and repair of all public facilities.

(Code 1983)

(a)   Qualifications and Selection of City Manager; Appointment of Acting City Manager

(1)   The Governing Body shall select and by majority vote appoint a City Manager to perform the duties and exercise the authority of such position as set forth in the charter ordinances and ordinances of the City and the laws of the state of Kansas. The City Manager shall be an employee at-will and his/her compensation, benefits, and other terms and conditions of employment shall be established pursuant to written contract. The City Manager shall, consistent with the terms of such contract and ordinances, serve at the pleasure of the Governing Body. The City Manager shall be a qualified elector of the City of Beloit, Kansas.

(2)   The City Manager shall be chosen on the basis of administrative ability and professional competence.

(3)   During any period of disability or extended absence of the City Manager, the Governing Body shall by majority vote appointed an acting City Manager.

(b)   Orders and Reports

       It shall be the general practice of the Governing Body to receive reports and communications from all city officers and departments through the office of the City Manager.

(c)   Powers and Duties of the City Manager. The powers and duties of the City Manager shall include, but not be limited to the following:

(1)   To see that the laws and ordinances of the City are enforced;

(2)   Manage, direct, control and supervise all the departments and services of the City;

(3)   Subject to the terms of any contract between the City and the City Manager, to devote all necessary time and attention to the affairs of the City and be responsible to the Governing Body for the efficient administration of its affairs;

(4)   To hire and discharge all non-elected City employees, except the municipal judge and city attorney, authorized by the Governing Body to be hired, at such compensation as may be set or authorized by the Governing Body. All such employees shall perform their duties subject to the direction of the City Manager or that of the superior to whom such City Manager may assign such officer or employee; provided, that the City Manager may delegate to any other official or employee the authority to hire or discharge any officers or employees so authorized;

(5)   To supervise all non-elected City employees, except the municipal judge and city attorney;

(6)   To attend all meetings of the Governing Body and Planning Commission with the right to take part in the discussion, but having no vote;

(7)   To make recommendations to the Governing Body governing salary scales, cost of living increases, raises and fringe benefits of non-elected employees;

(8)   To be responsible for accounting procedures, billing methods, record keeping and computer programming for the City;

(9)   To prepare and submit to the Governing Body the annual budget of the City and keep the Governing Body fully and timely advised as to the financial condition of the City;

(10) To review periodically all insurance policies of the City and make recommendations to the Governing Body;

(11) Have the care and management of all city-owned land, property, buildings, and equipment;

(12) To exercise general supervision and control over all City purchases and expenditures in accordance with the City budget and within the guidelines of the City’s purchasing policy, as adopted by the Governing Body;

(13) In conjunction with the Planning Commission, recommend to the Governing Body workable plans for City improvements and future developments;

(14) To maintain current knowledge of state and federal financial grants and available assistance from other agencies, and to prepare, submit and monitor financial grants and applications;

(15) To serve as public relations officer for the City in contacts with residents and businesses to maintain a good relationship between the City government, county commissioners, local citizens, and businesses;

(16) To coordinate the work of all boards, committees, and volunteers appointed by the Governing Body;

(17) To do and perform such other duties as may be prescribed by ordinance, resolution or direction of the Governing Body with all of the authority and powers provided for the office of City Manager under the laws of the State of Kansas and the charter ordinances and ordinances of the City.

(C.O. No. 7; Ord. 1749, Code 1988; Code 2016; Ord. 2202)

All officers and employees of the city, whether elected or appointed, either under the laws of the State of Kansas or ordinances of the city, shall, before entering upon the duties of their respective offices, take and subscribe an oath or affirmation as follows:

       “I do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution of the State of Kansas and faithfully discharge the duties of (here enter name of office or position). So help me God.”

(K.S.A. 75-4308; Code 1983)

All officers and employees shall be supplied the forms for the oath at the expense of the city and upon taking and subscribing or signing such oath or affirmation, the same shall be filed with the city clerk.

(Code 1983)

The following city officers shall each, before entering upon the duties of his office, give a good and sufficient surety company bond to the city. The bond shall be in the following amount, to wit:

(a)   City clerk/finance officer - $100,000;

(b)   Municipal court judge - $1,000;

(c)   Administrative court clerk - $1,000.

(Code 1988; Code 2016)

Each of the bonds required in section 1-316 shall be conditioned for the faithful performance of duty and all acts required by the laws of Kansas and the ordinances of the city, and for the application and payment over to the proper persons of all moneys or property coming into the hands of each such officers by virtue of his office.

(Code 1983)

All bonds given to the city shall be approved as to their form by the city attorney and as to surety and sufficiency by the governing body, unless otherwise provided by the laws of the State of Kansas.

(Code 1983)