Code 1

 

                                                CHAPTER I.  ADMINISTRATION

 

                                    Article 1.    General Provisions

                                    Article 2.    Governing Body

                                    Article 3.    Officers and Employees

                                    Article 4.    Oaths and Bonds

                                    Article 5.    Personnel and Employee Benefits

                                    Article 5a.   Personnel Regulations

                                    Article 6.    Elections

                                    Article 7.    Investment of Idle Funds

                                    Article 8.    Open Records

 

 

 

                                                 _____________________________

 

                                             ARTICLE 1. GENERAL PROVISIONS

 

            1-101.  CODE DESIGNATED.  The chapters, articles and sections herein shall constitute and be designated as "The Code of the City of Hugoton, Kansas," and may be so cited.  The Code may also be cited as the "Hugoton City Code." (Code 1986)

 

            1-102.  DEFINITIONS AND RULES OF CONSTRUCTION.  In the construction of this code and of all ordinances of the city, the following definitions and rules of construction shall be observed, unless they are inconsistent with the manifest intent of the governing body or the context clearly requires otherwise:

            (a)  City.  The words "the city" shall mean the City of Hugoton, Stevens County, Kansas.

            (b)  Computation of Time.  The time within which an act is to be done shall be computed by excluding the first and including the last day.  If the last day is Sunday, that day shall be excluded.

            (c)  County.  The words "the county" mean the County of Stevens in the State of Kansas.

            (d)  Joint Authority.  All words giving a joint authority to three or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.

            (e)  May.  The word "may" permits discretion to act.

            (f)  Number.  Words used in the singular include the plural and words used in the plural include the singular.

            (g)  Oath.  The word "oath" includes an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words "swear" and "sworn" are equivalent to the words "affirm" and

"affirmed."

            (h)  Or, And.  The word "or" may be read as "and," and the word "and" as "or," where the sense requires it.

            (i)  Owner.  The word "owner" applied to a building or land, shall include not only the owner of the whole, but any part owner, joint owner, tenant in common or joint tenant of the whole or a part of such building or land.

            (j)  Permit.  The word "permit" means to permit, suffer, establish or maintain.

            (k)  Person.  The word "person" includes an individual, a firm, partnership, association of persons, corporation, organization or any other group acting as a unit.

            (l)  Personal Property.  The words "personal property" include every species of property, except real property.

            (m)  Preceding, Following.  The words "preceding" and "following" mean next before and next after, respectively.

            (n)  Real Property.  The words "real property" include lands, tenements and hereditaments.

            (o)  Shall.  The word "shall" makes action mandatory.

            (p)  Sidewalk.  The word "sidewalk" means any portion of a street right-of-way intended for the use of pedestrians.

            (q)  Street.  The word "street" means and includes public streets, avenues, boulevards, highways, roads, alleys, lanes, viaducts, bridges and the approaches thereto, and all other public thoroughfares within the city.

            (r)  Tenant, Occupant.  The words "tenant" and "occupant" applied to a building or land, mean any person who occupies the whole or a part of such building or land, whether alone or with others.

            (s)  Tense.  Words used in the past or present tense include the future as well as the past and present.

            (t)  Writing, Written.  The words "writing" and "written" include typewriting, printing on paper or any other mode of representing words and letters.

            (u)  Year.  The word "year" shall mean a calendar year.

(Code 1983)

 

            1-103.  PARENTHETICAL AND REFERENCE MATTER.  The matter in parentheses at the end of sections is not a part of the code but is designed to show the source and legislative history and the text may or may not be changed by this code.  Reference matter not in parentheses is for information only and is not a part of this code.  (Code 1983)

 

            1-104.  CATCHLINES OR HEADINGS OF SECTIONS.  The catchlines or headings of the sections of this code are intended as mere catch words to indicate the contents of the sections and shall not be deemed or taken to be titles of such sections, nor as any part of any section, nor, unless expressly so provided, shall they be so deemed when any section, including its catchline, is amended or reenacted.  (Code 1983)

 

            1-105.  SECTION NUMBERS.  The number preceding the catchline or heading of a section is for the purpose of indexing, citing, amending and repealing.  The figure preceding the hyphen indicates the chapter number.  The digit or digits immediately following the hyphen indicates the article number and the following digit or digits indicate the section number of the article.  Thus, 13-116, means chapter 13, article 1, section 16.  The entire number, e.g. 13-116, is a section number of this code and is to be cited as "Section 13-116 of The Code of the City of Hugoton, Kansas."  (Code 1986)

 

            1-106.  AMENDMENTS:  REPEAL.  Any portion of this code may be amended by specific reference to the section number as follows:  "That section ______ of the code of the City of Hugoton is hereby amended to read as follows:  (the new provision shall then be set out in full)..."  A new section not heretofore existing in the code may be added as follows:  "That the code of the City of Hugoton is hereby amended by adding a section (or article or chapter) which reads as follows:...(the new provisions shall be set out in full)..."  All sections, or articles, or chapters to be repealed shall be repealed by specific reference as follows:  Section (or article or chapter)________ of the code of the City of Hugoton is hereby repealed."  (Code 1983)

 

            1-107.  ORDINANCES.  The ordaining clause of all ordinances shall be:  "Be it ordained by the governing body of the City of Hugoton."  All ordinances shall be read and considered at a public meeting of the governing body at which time amendments may be made to any section or sections upon motion duly made and carried.  The vote on final passage of the ordinance shall be taken by "yes's" and "no's" which shall be entered on the journal of proceedings of the governing body by the city clerk.  No ordinance shall be passed unless a majority of all the members of the governing body elect shall vote in favor thereof.  Except, where the number of favorable votes is one less than required, the mayor shall have power to cast the deciding vote in favor of the ordinance.  (K.S.A. 12-3002; Code 1983)

 

            1-108.  SAME; PUBLICATION.  No ordinance, except those appropriating money, shall be in force until published in the official city newspaper by the city clerk.  One publication of any such ordinance shall be sufficient unless additional publications are required by statute or ordinance.  The publisher of the newspaper shall prefix such published ordinance by a line in brackets stating the month, day and year of such publication.  (K.S.A. 12-3007; Code 1971, 1-115)

 

            1-109.  SAME; ORDINANCE BOOK.  Following final passage and approval of each ordinance, the city clerk shall enter the same in the ordinance book of the city as provided by law.  Each ordinance shall have appended thereto the manner in which the ordinance was passed, the date of passage, the page of the journal containing the record of the final vote on its passage, the name of the newspaper in which published and the date of publication.  (K.S.A. 12-3008; Code 1971, 1-115)

 

            1-110.  RESOLUTIONS, MOTIONS.  Except where a state statute or city ordinance specifically requires otherwise, all resolutions and motions shall be passed if voted upon favorably by a majority of a quorum of the council.  (Code 1983)

 

            1-111.  EMERGENCY GOVERNMENT.  In the event of a catastrophe in which all or a majority of the members of the governing body are fatally injured, the interim governing body shall be composed of the surviving members, the city attorney, the city clerk, and a sufficient number of the appointed officials selected in the order of the greatest seniority in office to make up a governing body of the prescribed number.  (Code 1983)

 

            1-112.  CONFLICT OF INTEREST.  (a)  No city officer or employee shall be a 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:

            (1)  In which said officer or employee owns a legal or equitable interest exceeding five thousand dollars or five percent, whichever is less, individually or collectively with his or her spouse; or

            (2)  From which said officer or employee receives, in the current or immediately preceding or succeeding calendar year, any salary, gratuity, other compensation or a contract for a promise or expectation of any such salary, gratuity or other compensation or remuneration having a dollar value of one thousand dollars or more; or

            (3)  In which he or she shall hold the position of officer or director, irrespective of the amount of compensation received from or ownership held in said business.

            (b)  The prohibitions contained in subsection (a) of this section shall not apply to the following:

            (1)  Contracts let after competitive bidding has been solicited by published notice; and

            (2)  Contracts for property or services for which the price or rate is fixed by law.  (K.S.A. 75-4301; Code 1983)

 

            1-113.  SEVERABILITY.  If for any reason any chapter, article, section, subsection, sentence, clause or phrase of this code, or the application thereof to any person or circumstance, is declared to be unconstitutional or invalid such decision shall not affect the validity of any remaining chapter, article, section, subsection, sentence, clause or phrase of this code.  (Code 1983)

 

            1-114.  SCOPE OF APPLICATION.  (a)  The doing of any of the acts or things prohibited, made unlawful, or misdemeanor, or the failing to do any of the things commanded to be done, as specified and set forth in this code, within the jurisdictional limits of the city shall be deemed an offense against the good order, public peace, morals, health, proper government and welfare of the city.

            (b)  Any person convicted of violating subsection (a) of this section shall be deemed guilty of a misdemeanor and punished as provided in section 1-115 of this article.

            (c)  Each day any violation of this code continues shall constitute a separate offense.  (Code 1983)

 

            1-115.  PENALTY.  Whenever any offense is declared by any provision of this code, absent a specific or unique punishment prescribed, the offender shall be punished as provided in this section:

            (a)  Fined not less than $10 nor more than $1,000; or

            (b)  Imprisonment in the city jail for not more than 180 days; or

            (c)  Both fined and imprisoned not to exceed subsections (a) and (b) of this section.  (Code 1991)

 

 

 

                                                ARTICLE 2.  GOVERNING BODY

 

            1-201.  GOVERNING BODY DEFINED.  The term "governing body" as used in this code shall be defined to include the mayor and members of the council of the City of Hugoton.  (Code 1971, 1-101)

 

            1-202.  POWERS GENERALLY.  (a)  All powers conferred upon cities of the second class by the laws of the state of Kansas shall be exercised by the governing body subject to such limitations as may be prescribed by law.  All executive and administrative authority granted or limited by law shall be vested in the mayor-council of the City of Hugoton as the governing body of the city.

            (b)  The governing body shall have the care, management and control of the city and its finances, and shall have power to enact, ordain, alter, modify or repeal any and all ordinances not repugnant to the constitution and laws of the State of Kansas and such as it shall deem expedient for the good government of the city, the preservation of peace and good order, the suppression of vice and immorality, the benefit of trade and commerce, the health of inhabitants thereof and such other ordinances, rules and regulations as may be necessary to carry such power into effect.  (Code 1971, 1-102:103)

 

            1-203.  REGULAR MEETINGS OF COUNCIL.  The governing body shall have regular meetings on the first Monday after the fourth day of each month at the hour of 7:30 p.m., and shall convene in the council chamber in the city hall.  When a day fixed for a regular meeting shall fall on a legal holiday, the regular meeting of the governing body shall convene on the succeeding secular or business day at the appointed hour.  (K.S.A. 14-111; Code 1971, 1-104)

 

            1-204.  SPECIAL MEETINGS.  Special meetings of the governing body may be called by the mayor (or president of the council in the absence of the mayor from the city) on the written request of any three (3) members of the governing body specifying the object and purpose of such meeting.  The request shall be read at the meeting and entered at length on the journal by the city clerk.  The call of the mayor for any such special meeting shall be endorsed upon the written request and shall specify the time and place of such meeting, and shall be filed with the city clerk.  Thereupon, the city clerk shall give notice of such meeting to each member of the governing body.  (K.S.A. 14-111; Code 1971, 1-105)

 

            1-205.  ADJOURNED MEETING; TIME AND PLACE.  Any regular or special meeting of the governing body may be adjourned for the completion of its business at such subsequent time and place as the governing body may determine in the motion to adjourn.  (Code 1971, 1-106)

 

            1-206.  QUORUM; ATTENDANCE OF MEMBERS.  At all meetings of the governing body, a majority of the councilmen-elect shall constitute a quorum to do business, but any less number may adjourn from day to day and compel the attendance of absent members of the governing body by attachment issued in the name of the city and directed to the chief of police demanding him to arrest such absent members and bring them before the governing body.  (Code 1971, 1-107)

 

            1-207.  PRESIDING OFFICER:  MAYOR.  The mayor shall preside at all meeting of the governing body and shall have a casting vote when the governing body is equally divided and none other.  (K.S.A. 14-301; Code 1971, 1-108)

 

            1-208.  SAME; ABSENCE OF MAYOR.  In the absence of the mayor, the president of the council shall preside at meetings of the governing body.  In the absence of both the mayor and president of the council, the governing body shall elect one of its members to preside who shall be styled "Acting President of the Council."  The president of the council and acting president, when occupying the place of the mayor as presiding officer shall have the same privileges as other members of the council.  (K.S.A.  14-204; Code 1971, 1-109)

 

            1-209.  PRESIDENT OF COUNCIL.  The governing body shall, at its first regular meeting in the month of May following any city election, elect one of its members as "President of the Council."  When any vacancy shall happen in the office of the mayor, the president of the council for the time being shall exercise the office of mayor with all the rights, privileges and jurisdiction of the mayor, until such vacancy be filled at the next city election or until such disability be removed, or in the case of temporary absence, until the mayor shall return.  (K.S.A. 14-204; Code 1971, 1-110)

 

            1-210.  COUNCIL COMMITTEES.  Standing committees of the governing body shall consist of not more than two members each to be appointed by the mayor by and with the consent of the governing body at the first regular meeting of the governing body in the month of May following the city election.  The member first appointed shall be the chairperson of the committee.  Special committees of the governing body may be appointed from time to time by motion duly made and carried for the purpose.  The following standing committees may be appointed:

            (a)  Street and Alley;

            (b)  Utility and Sanitation;

            (c)  Park.

(Code 1971, 1-111)

 

            1-211.  ADMINISTRATIVE POWERS.  It shall be the duty of each committee to act promptly and faithfully in all matters referred to it and to make a report thereof at the next meeting of the governing body.  The governing body may designate whether the administration of a policy or the carrying out of any order of the governing body shall be performed by a council committee, an appointive officer of the city or the mayor.  If no administrative authority is designated by ordinance or other action of the governing body, the authority shall be exercised by the mayor as provided by law.  (Code 1971, 1-112)

 

            1-212.  ORDINANCES:  APPROVAL; VETO.  An enrolled copy of the ordinance as passed by the governing body shall be submitted to the mayor for his or her approval.  If he or she approves it, he or she shall affix his or her signature thereto which shall be attested by the city clerk over his or her signature and title under the seal of the city.  If the mayor shall not approve any ordinance passed by the governing body, he or she shall return the same with his or her objections in writing to the governing body at the next regular meeting thereof.  Any ordinance so objected to and returned to the governing body may be passed over the veto of the mayor at such meeting by the affirmative vote of two-thirds of the council-elect and taken on roll call by "yes's" and "no's" on motion offered by any member of the governing body.  Any such ordinance, so passed by the governing body and any ordinance which the mayor shall neglect or refuse to sign, or to return to the council with his or her objections in writing at the succeeding regular meeting of the governing body shall be of full force and effect, without his or her signature upon publication of the same as provided by law.  The city clerk shall enter a minute of any such proceeding in the journal and endorse his or her certificate on such ordinance reciting that the ordinance as passed over the veto of the mayor, or by reason of the failure of the mayor to return the same with his or her objections in writing to the council at its succeeding meeting, as the case may be.  (K.S.A. 12-3003; Code 1971, 1-114)

 

            1-213.  REMISSION OF FINES; PARDONS.  The mayor shall have 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 governing body; 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 therefor, together with the order of remission or pardon, be entered on the journal by the city clerk.  (K.S.A. 14-310; Code 1971, 1-116)

 

 

                                       ARTICLE 3.  OFFICERS AND EMPLOYEES

 

            1-301.  APPOINTMENT.  (a)  The mayor, by and with the consent of the council, shall appoint, at the first regular meeting of the governing body in May of each year, the following city officers:  city clerk, city treasurer, chief of police, city attorney, judge of the municipal court, chief and assistant chief of the fire department, city health officer, city building inspector, superintendent of utilities, and may appoint policemen and such other officers as they may deem necessary.

            (b)  Any officers appointed and confirmed shall hold their offices for a term of one year and until their successors are appointed and qualified or until their duties, powers and responsibilities are transferred to another officer.  (K.S.A. 14-201; Code 1986)

 

            1-302.  QUALIFICATIONS.  All appointed officers shall be qualified electors of the city, except that nonresidents may be appointed as municipal judge, city attorney, and as law enforcement officers when deemed necessary.  (Ord. 606)

 

            1-303.  CITY CLERK:  DUTIES.  The city clerk shall:

            (a)  Keep his/her office in the city building, which office shall be open at such business hours as may be fixed by the council.

            (b)  Attend all meetings of the council; make and keep a record of all proceedings and meetings of the council in the journal of council proceedings.  In the absence of the clerk from any meeting, the presiding officer shall appoint a member of the governing body to keep an account of the proceedings and to report the same to the city clerk.

            (c)  Carry on all the official correspondence of the city, giving the same prompt attention and shall present for the consideration of the mayor and council at each meeting all correspondence received and replies given by him or her.

            (d)  Have charge of the corporate seal of the city and shall affix the same to the official copy of all ordinances, deeds, contracts and similar documents required to be authenticated.  The clerk shall be authorized to administer oaths for all purposes pertaining to the business affairs of the city.

            (e)  Be custodian of all the city records, books, papers, contracts, petitions, documents and other personal effects belonging to the city not properly pertaining to any other office and shall keep suitable files and records of the same.

            (f)  Receive and audit all claims against the city and shall present them for consideration of the governing body at its regular meetings each month.  He/she shall draw warrants (or warrant checks) only when claims against the city have been approved by the governing body.

            (g)  Report to the governing body at its regular meetings each month the financial condition of the funds of the city.

            (h)  Keep a separate account of each fund of the city.  No money belonging to one fund shall be placed to the credit of another fund, or be transferred to another fund unless there is lawful authority for the same.

            (i)  Assist in preparing the annual city budget and any ordinance for the levying of taxes, and shall certify the same to the county clerk in the form and manner required by law together with a copy of the budget.

            (j)  Keep an accurate account of all bonds issued by the city by date, number, amount thereof, rate of interest, number of each coupon, amount of each, to whom payable, where payable and when canceled upon return of the same to the city.

            (k)  Keep a record of all special assessments made for any purpose and shall certify the assessments to the county clerk for collection and payment in the manner provided by law.

            (l)  Act as the withholding agent of the city for the purpose of the federal revenue (income) act as authorized by K.S.A. 75-3042, and shall receive from each officer or employee of the city the withholding certificate required by virtue of the revenue act.  He/she shall maintain a suitable record of the sums so withheld from wages and salaries and remit the same at such times and in such form as may be required by regulations.  (Code 1983)

 

            1-304.  CITY TREASURER:  DUTIES.  The city treasurer shall:

            (a)  Receive and safely keep all moneys belonging to the city coming to him/her by virtue of his/her office, giving his/her receipt therefor and for all moneys received by him/her from any other source than the city clerk, he/she shall give duplicate receipts causing one of them to be filed with the city clerk, and shall keep a copy thereof in his/her own office.

            (b)  Keep proper accounts of all moneys received and disbursed by him/her from any source and funds in behalf of the city specifying the time of receipt and disbursement, from whom received and to whom disbursed on account of the city.

            (c)  Publish or cause to be published a quarterly financial statement of the city in the manner and style required by K.S.A. 12-1608.

            (d)  Deposit all funds of the city coming into his/her hands in his/her official capacity or responsibility in a depository bank or

            (e)  Pay out funds of the city upon warrants (warrant checks) properly signed by the mayor, the city clerk and countersigned by him/her.  He/she shall cancel all warrants as soon as paid, and in canceling paid warrants, shall write across the face of such warrant the word "Paid" in red ink and sign the same.  In case a combination warrant check is used and such warrant is stamped by a depository bank of the city, the endorsement of the treasurer will not be required.  (K.S.A. 9-1403; 12-608; K.S.A. Supp. 9-1401:1402; 10-801:809, Code 1983)

 

            1-305.  CITY ATTORNEY:  OFFICE AND DUTIES.  The office of city attorney is hereby provided and established.  The city attorney shall be an attorney admitted to practice by the Supreme Court of the State of Kansas and a resident of Stevens County.  (Ord. 606)

 

            1-306.  SAME; ATTEND GOVERNING BODY MEETINGS.  The city attorney shall attend all meetings of the governing body.  He/she shall advise the governing body and all officers of the city upon such legal questions affecting the city and its officers as may be submitted to him.  He/she shall, when requested by the governing body, give his/her opinion in writing upon any such question.  He/she shall draft such ordinances, contracts, leases, easements, conveyances and other instruments of writing as may be submitted to him/her in the regular transaction of the affairs of the city.  He/she shall appear for the city in all cases arising under the city ordinances before the municipal court or the district court of Stevens County when the prosecution of any such case is necessary, and he/she shall, by direction of the governing body, represent the city in all suits or proceedings in which the city may have an interest before any other court, tribunal, board, commission or officer of the State of Kansas before which such suit or proceeding may be had.  (Code 1971,1-222)

 

            1-307.  SUPERINTENDENT OF MUNICIPAL UTILITIES.  There is hereby established the office of superintendent of municipal utilities.  The superintendent of municipal utilities shall, as the governing body may from time to time order and direct, have management of the waterworks and power plant, highways and streets, sewer maintenance and sewage treatment plant, parks and public grounds, refuse collection, and such other departments as may hereafter be established by ordinance.  (Code 1971, 1-223)

 

            1-308.  SAME; DUTIES.  In carrying out the duties of his/her office, the superintendent of utilities shall:

            (a)  Have supervision over and be responsible for the care and maintenance of all land buildings, and equipment belonging to the city and used or operated in connection with the departments or functions under his/her jurisdiction.

            (b)  Recommend to the governing body projects for the improvement of the departments and functions under his/her jurisdiction, and shall superintend the making of such improvements as may be approved by the governing body.

            (c)  Employ such assistants, engineers, linemen, mechanics, drivers, laborers and such other persons as may be necessary for the operation of his/her department and shall assign their duties and supervise their work.

            (d)  Attend all regular meetings of the governing body.  He/she shall keep the governing body informed as to the condition of all properties of the city in his/her charge and the progress of all work of his/her department, and shall from time to time make such reports of the same in writing as maybe required by the governing body.  (Code 1971, 1-224:227; Code 1983)

 

            1-309.  ASSISTANT SUPERINTENDENT OF MUNICIPAL UTILITIES.  The assistant superintendent of municipal utilities shall have the same powers conferred upon the city superintendent.  The assistant superintendent, in the discharge of his/her duty, shall be subject to the order of the superintendent of utilities.  (Code 1971, 1-228)

 

            1-310.  BUILDING INSPECTOR.  The building inspector shall perform the duties of inspector of buildings and construction, plumbing installations, gas installations, electrical wiring, building sewer drains and sewer connections, and such other inspections as are now or may hereafter be required by ordinance.  (Code 1971, 1-229)

 

            1-311.  HEALTH OFFICER.  The city health officer shall be a doctor licensed to practice medicine in the state of Kansas and shall be responsible for carrying out such duties as may be imposed by ordinance or the laws of the state of Kansas.  The health officer shall be a member of the board of health and shall implement the policies of such board.  (Code 1983)

 

            1-312.  APPOINTIVE OFFICERS:  GENERAL DUTIES.  The foregoing provisions of this article shall not be construed to limit the duties of the city officers therein named, but shall in every case create and establish a city office to be held and discharged by the officers whose appointment is provided.  The governing body may create other city offices as may be required and may abolish any office herein established which shall not have been created by the laws of Kansas for cities of the second class.  (K.S.A. 14-201; Code 1971, 1-230)

 

            1-313.  EMPLOYEES:  ASSISTANTS.  The employment of all city employees and office assistants shall be made under the authority of and subject to the approval of the governing body.  (K.S.A. 14-201; Code 1971, 1-231)

 

 

 

 

                                               ARTICLE 4.  OATHS AND BONDS

 

            1-401.  OATHS REQUIRED.  All officers and employees of the City of Hugoton, 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, as the case may be) 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).  So help me God."  (K.S.A. 54-106; 75-4308; Code 1971, 1-301)

 

            1-402.  OATHS FILED.  All officers and employees required by section 1-401 of this article to take and subscribe or sign an oath or affirmation shall be supplied the necessary forms for the purpose at the expense of the city and upon taking and subscribing or signing any such oath or affirmation, the same shall be filed with the city clerk.  (Code 1971; 1-302)

 

            1-403.  BONDS.  (a)  The city treasurer shall, before entering upon the duties of his/her respective office, give a good and sufficient corporate surety bond to the city, in the amount of $10,000.

            (b)  All other city officers and employees shall be covered by a blanket bond in the amount to be determined by the governing body.  (K.S.A. 14-205; Code 1971, 1-303; Code 1983)

 

            1-404.  CONDITION OF BOND.  All surety bonds required by any provision of this article shall be conditioned for the faithful performance of the duty and of all acts required by the laws of the State 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 officer or employee by virtue of his/her office or employment.  (Code 1971, 1-304)

 

            1-405.  PREMIUMS.  The premiums on all surety bonds required by this article shall be paid as a claim against the city.  (Code 1971, 1-305)

 

            1-406.  APPROVAL OF BONDS.  All bonds given to the city shall be approved as to 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 1971, 1-306)

 

 

                            ARTICLE 5.  PERSONNEL AND EMPLOYEE BENEFITS

 

            1-501.  CONDITIONS OF EMPLOYMENT.  The conditions of employment and reemployment of officers and employees of the city shall be as established and fixed by the governing body by resolution.  (Ord. 486, 1-405)

 

            1-502.  (Reserved)

 

            1-503.  LENGTH OF SERVICE; PROBATION.  (a)  The anniversary of the employee's employment shall be used in calculating length of service.  An employee employed less than six months time will be classified as a part-time or temporary employee, depending on the assignment of duty.  An employee employed steadily for six months or more will be classified as a full-time employee for calculating the employee's length of service.

            (b)  The period from the date of employment to the date of regular status (365 days or one year) is known as the employment probationary period for all new employees and/or former employees being rehired.  During such probationary period, an employee's employment may be terminated at any time by the city for any reason.

            (c)  All such employees, after completion of the first six months of the employment probationary period will be entitled to sick leave benefits as provided in section 1-514; and after completion of the balance of the one year probationary period, such employees will assume the status of regular employee and shall be eligible to participate in all regular employee benefits.  (Ord. 543, Sec. 1)

 

            1-504.  SALARIES FIXED BY ORDINANCE AND RESOLUTION. (a)  The officers and employees of the city shall receive as full compensation for their services sums of money to be determined by resolution, within the minimum and maximum amounts of money, to be paid monthly as set out in subsection (b) of this section.

            (b)  The following officers and employees of the City of Hugoton shall receive monthly as full compensation for all services required to be performed for and in behalf of the City the base sum set out in the following specific titles and classifications.  Except as otherwise provided, such compensation shall be paid bi-weekly or as the Governing Body may direct by resolution:

 

 

                                                          BASE PAY SCHEDULE

 

                                                                                    MONTHLY                             MONTHLY

                        POSITION                                          MINIMUM                             MAXIMUM

City Administrator/Clerk/Finance Director,

  who shall also be ex officio clerk of the

  city utility system                                                         $2,500                                         $6,000

Assistant City Clerk                                                        2,000                                           4,800

Outside Utilities Supervisor                                             2,500                                           6,000

Assistant Outside Utilities Supervisor                               2,000                                           4,800

Power Plants Supervisor                                                 2,500                                           6,000

Electric Distribution System Supervisor               2,500                                           6,000

Chief of Police                                                                2,500                                           5,000

City Inspector                                                                 2,100                                           4,500

Golf Course Superintendent                                            1,500                                           3,000

Mayor                                                                               200                                              500

City Councilmember                                                          100                                              250

City Attorney                                                                  1,200                                           2,500

City Treasurer                                                                   250                                              850

Municipal Judge                                                                300                                           1,000

Computer Operator                                                         1,300                                          3,000

Executive Secretary                                                        1,300                                           3,000

Secretary                                                                        1,200                                           2,500

Utility Clerk                                                                    1,200                                           2,500

Police Sergeant                                                   2,300                                           4,000

Police Corporal                                                              2,100                                           3,500

Police Master Patrolman                                                 1,950                                           3,200

Police Patrolman                                                             1,650                                           2,900

Master Mechanic                                                            2,000                                           4,000

Power Plant Operator                                                     1,500                                           3,200

All other city employees under the

  supervision and control of the

  Outside Utilities Supervisor, Power

  Plants Supervisor, or Electric Distribution

  System Supervision                                                       1,200                                           3,800

 

            All other city employees, including part-time employees, shall be paid on an hourly rate of not less than the federal minimum wage but not more that $10.00 per hour, to be determined by the governing body by resolution.  (Ord. 645, Sec. 1)

 

            1-505.  SAME:  ANNUAL ADJUSTMENT.  The salaries and compensation paid to all city employees shall be subject to adjustment annually at the first regular council meeting in each calendar year.  Factors to be considered in adjusting such salaries and compensation shall be merit, length of employment, financial condition of the city and the cost of living index established annually by the Bureau of Labor Statistics.  (Ord. 486, 1-511)

 

            1-506.  SAME:  MAYOR; COUNCILMEMBERS.  (a)  Mayor.  The mayor shall receive as compensation the sum of not less than $200 per month, nor more than $500 per month; provided, however, that in no instance shall total compensation paid in any one calendar year exceed the sum of $6,000.

            (b)  Councilmembers.  Each councilmember shall receive as compensation the sum of not less than $100 per month nor more than $250 per month; provided, however, that in no instance shall total compensation paid to each councilmember in any one calendar year exceed the sum of $3,000.  (Ord. 645, Sec. 1)

 

            1-507.  OTHER ALLOWANCES.  The governing body shall from time to time fix allowances to be paid to officers and employees of the city using their own automobiles, trucks or other equipment in connection with their duties, or for other expenses incurred on behalf of the city on business.  (Ord. 486, 1-407)

 

            1-508.  RECORDS AND MONTHLY REPORTS.  Department heads shall cause a suitable record to be made of the appointment of any assistant and the salary to be paid and shall report such information to the city clerk for presentation by him/her to the governing body for its approval.  Department heads are also to make monthly reports as to time spent in each department or fund in order that each department may be properly charged for such expenditure. (Ord. 486, 1-406)

 

            1-509.  PAYMENT SCHEDULE.  Each city employee shall receive his or her wages or salary on a bi-weekly basis with paychecks to be issued on or before the first Thursday following the end of the pay period.  An advance on wages will be granted only in the case of an emergency and then only by approval of the governing body.  (Ord. 486, 1-506)

 

            1-510.  WORK WEEK.  The work week for all employees of the city shall begin at 12:00 midnight Sunday and end at 12:00 midnight the following Sunday.  For all employees, except the city clerk, superintendent of municipal utilities, city treasurer, building inspector, city attorney, municipal judge, janitor and the chief of police, a normal work week, unless other assigned shall be 40 hours.  (K.S.A. 44-1204; Ord. 486, 1-502)

 

            1-511.  (a) OVERTIME City employees who are classified as executive, administrative or professional and who are paid on a salary basis are exempt from overtime compensation. All non-exempt city employees are eligible for overtime when they work more than 40 hours in one week. Overtime shall be paid at one and one-half times the base salary rate. At the discretion of the applicable supervisor or the direction of the city council, an employee can be dismissed early later in the week to avoid the accumulation of an overtime obligation. (K.S.A. 44-1204; Ord. 655, Sec. 1)

            (b) COMPENSATORY TIME Non-exempt city employees are also eligible to choose compensatory time off, in lieu of overtime pay. The time off is to be awarded at a rate of 1.5 hours of compensatory time for each hour of overtime actually worked. Each eligible city employee may accumulate up to 40 hours or five days of compensatory time. Any overtime worked, above the 40-hour cap for accumulated compensatory time, shall automatically be paid as overtime wages in the pay period worked. Only 18 days or 144 hours of compensatory time may be taken off in the calendar year. Exception: Any eligible city employee with 40 years of service shall not be restricted by the annual cap. Any time accumulated in excess of the annual cap shall be treated as overtime pay. Eligible city employees will be allowed to take only 16 hours or two days of compensatory time off at a time. However if compensatory time is taken off in conjunction with a holiday or vacation, only eight hours or one day will be allowed. Because of the shift work schedule, power plant operators will be allowed to take 16 hours or two days in conjunction with their vacation. The 16-hour and 8-hour restrictions are imposed to ensure the city will have sufficient staff available to perform daily duties. An employee who has earned compensatory time shall be allowed to use that time within a reasonable period of time after requesting its use. The employer is permitted to deny a request to use compensatory time at any time, if the employee’s absence would impose an unreasonable burden on the employer’s ability to provide adequate services to the public. A mere inconvenience to the employer is not sufficient reason to deny the use of compensatory time. If an employee terminates his or her employment, any unused compensatory time shall be paid to the employee as a part of the final payroll check. (Ord. 655)

 

            1-512.  ABSENCE FROM WORK.  All city employees who are employed on a daily or hourly basis shall not be paid for time lost or for being absent from work.  (Ord. 486, 1-503)

 

            1-513.  VACATIONS.  Vacations for full-time city employees shall be allowed as follows:

            (a)  All employees shall be allowed two weeks paid vacation, or ten working days, after completing one complete year's service with the city.

            (b)  Three weeks, or 15 days, paid vacation shall be allowed to each employee completing 10 full years of service with the city.

            (c)  Four weeks, or 20 days, paid vacation shall be allowed after completing 20 years of service with the city.

            (d)  All city employees entitled to vacations as provided in (a), (b), or (c) of this section shall be required to take their vacations within the calendar year.  No employee shall be paid additionally for working during his/her vacation time.  The superintendent of municipal utilities shall approve the vacation times of all city employees under his/her supervision and control.  Vacation times for all other city employees shall be subject to the approval of the governing body.        (e)  No vacation time shall be allowed to any employee whose employment is terminated for any reason between the first and second anniversary dates of employment.  (Ord. 486, 1-504)

 

            1-514.  SICK LEAVE.  (a)  Each fulltime employee shall be allowed three-fourths day sick leave for every month of continuous employment.  Such sick leave shall be accumulative from year to year to a maximum of 90 days.  Such accumulation shall not apply to probationary employees, as defined in section 1-503 until the six-months probationary period has expired, at which time such employee shall be credited with four and one-half days sick leave.

            (b)  No sick leave exceeding two days shall be allowed unless, upon request, the employee furnishes to his/her immediate supervisor within 24 hours after he/she returns to work a written statement from a physician; certifying that his/her illness prevented the employee from working and that the employee is physically able to return to work.

            (c)  Any employee receiving sick leave time preceding and/or following any holiday or weekend may be required at the request of his/her supervisor, to furnish a written statement from a physician certifying that his/her sickness prevented the employee from working.

            (d)  An employee shall be required to take a complete physical examination and to furnish written report thereof to his/her immediate supervisor following any serious accident or serious illness.

            (e)  An employee who has exhausted all earned sick leave may, subject to authorization from his/her immediate supervisor, use any unused vacation time during an illness.  (Ord. 486, 1-504)

 

            1-515.  SHORT-TERM DISABILITY PAY POLICY.  The following short-term disability pay policy is hereby established for full-time employees of the City of Hugoton, Kansas, who are unable to perform their duties due to a medical condition.

            An eligible employee, who elects to receive the short-term disability pay, shall begin receiving credit for time for payroll purposes following a 42-calendar day elimination period from the employee’s last day at work. Payments on the credits shall be equivalent to 70% of the employee’s basic two-week renumeration. Credits for the short-term disability payments shall end upon the employee’s return to work or 180-calendar days from the employee’s last day at work.

            Employees may elect to use their sick leave, vacation time, and compensatory time in order to receive their regular pay in lieu of the disability payments. (Ord. 663)

 

            1-516.  SAME:  DEATH OR RETIREMENT.  Upon the retirement or death of an employee, he/she or his/her estate shall be entitled to compensation for any unused sick leave time, computed on the basis of 100 percent from the anniversary date of his/her employment and not on the basis of the calendar year.  (Ord. 486, 1-507)

 

            1-517.  INSURANCE BENEFITS.  All full-time city employees shall be entitled to be enrolled under the city’s group insurance plan with the Kansas Blue Cross-Blue Shield on the first of the month following the completion of one month of continuous service. The insurance premiums shall be paid on behalf of such employees by the city. (Ord. 664)

 

            1-518.  ELIGIBILITY FOR CONTINUED INSURANCE COVERAGE.  Any person who has been employed by the City of Hugoton for ten (10) years or more on a regular full-time basis and who is covered by the Kansas Public Employees Retirement System (KPERS) and that employee's dependents shall be eligible for continued enrollment as a member of the City of Hugoton's group medical insurance plan if such employee or dependent meets the following applicable eligibility constraints:

            (a)  The employee retires on an immediate annuity or disability through KPERS or retires at or after age 55 with a minimum of thirty (30) years service with the city but elects not to exercise the KPERS retirement annuity at the time of discontinuing service with the City of Hugoton.

            (b)  The dependent(s) of a full-time employee who dies after at least ten (10) years service with the city.  The employee must be on the city’s payroll at the time of death.

            (c)  An election to continue insurance coverage after retirement or disability must be made in writing not later than thirty-one (31) days immediately preceding retirement or disability from active employment with the city or not later than thirty-one (31) days following the death of an employee.  (Ord. 660, Sec.1)

 

            1-519.  SAME; REQUIREMENTS AND RELATED PARTICIPATION COSTS FOR CONTINUED INSURANCE COVERAGE.  (a)  An employee with ten (10) years of service but less than eighteen (18) years of service who retires prior to age 65 may remain on the city's group medical insurance coverage.  The employee shall reimburse the city for one hundred percent of the fully insured monthly premium. 

            (b)  An employee with at least eighteen (18) years of service who retires prior to age 65 may remain on the city's group medical insurance coverage. The employee shall reimburse the city at a rate of $250.00 per month.

            (c)  Any eligible employee hereunder whose employment with the City of Hugoton is terminated due to approved permanent and total disability under the Kansas Public Employees Retirement System may remain on the city's group medical insurance coverage.  If the disability is related to employment with the city, the city shall pay one hundred percent (100%) of the applicable medical insurance premium.  If the disability is not related to employment with the city, the amount the employee reimburses the city shall be $250.00 per month.

            (d)  In the event of the death of the retired or totally disabled employee, the continued medical insurance coverage shall be extended to include eligible dependents until an eligible spouse remarries or until eligible children marry or reach age 23.  The reimbursable costs to the policy holder shall be computed in accordance with the years-of-service of the employee in accordance with Section 2(a) or 2(b) of this ordinance.

            (e)  In the event of the death of a full-time employee who is on the city’s payroll at the time of his or her death and who has at least ten years service with the city at the time of death, the continued medical insurance coverage shall be extended to include eligible dependents until an eligible spouse remarries or until eligible children marry or reach age 23.  The reimbursable costs to the policy holder shall be computed in accordance with the years-of-service of the employee in accordance with Section 2(a) or 2(b) of this ordinance.

            (f)  Upon reaching age 65 or retiring at age 65, the employee or eligible dependent shall select Medicare as primary insurance carrier.  The city shall provide the supplemental insurance coverage offered by its group plan and shall pay one hundred percent (100%) of the premium.

            (g)  Eligible dependent(s) who are not age 65 at the time the employee reaches age 65 may remain on the city's group medical insurance coverage.  The reimbursable costs to the policy holder shall be computed in accordance with the years-of-service of the employee in accordance with Section 2(a) or 2(b) of this ordinance.  (Ord. 660, Sec. 2)

 

            1-520.  RETIREMENT.  All employees of the city who work 1,000 or more hours annually and who otherwise are qualified, shall become members of the Kansas Public Employees Retirement System.  (K.S.A. 74-4902; Ord. 486, 1-501)

 

            1-521.  NOTICE TO TERMINATE; HEARING.  (a)  All city employees, except the city clerk, superintendent of municipal utilities, city treasurer, building inspector, city attorney, assistant city clerk, municipal judge and chief of police, shall be obligated to give the city two weeks written notice in the event they desire to terminate their services.  The city shall also be obligated to give such employee, beyond his/her probationary period, two weeks written notice in the event it desires to terminate the services of such employee for any reason other than for misconduct, in which event no notice is necessary to terminate such employment.     

            (b)  The city clerk, superintendent of municipal utilities, city treasurer, building inspector, city attorney, assistant city clerk, municipal judge and the chief of police shall be obligated to give the city one month's written notice in the event they desire to terminate their services.  The city shall also be obligated to give such employee, beyond his/her probationary period, one month's written notice in the event it desires to terminate the services of such employee for any reason, other than for misconduct, in which event no notice is necessary to terminate such employment.

            (c)  Any city employee, upon receiving a notice to terminate his or her employment, shall have the right to a hearing before the governing body at which hearing the city employee may challenge the grounds for termination.  The hearing shall be held by the governing body no sooner than 14 days, nor later than 30 days, following a written request for a hearing brought to the mayor by the employee receiving the notice of termination.  At the hearing the employee shall be afforded a full and accurate statement of the grounds for termination, and shall be provided with the opportunity to confront and cross-examine all witnesses appearing and testifying against the employee.  Any employee requesting a hearing shall have the right to be represented by legal counsel.  All statements made at the hearing, and the findings of the governing body, shall be on the record.  (Ord. 486, 1-509; Code 1983)

 

            1-522.  LONGEVITY PAY.  (a)  Each city employee, at the end of each year, shall receive an additional payment for faithful service, such additional payment being designated herein as longevity pay.

            (b)  Such longevity pay shall be based upon years of service of each respective city employee and shall be paid by December 20 of each year; provided, in no event shall any longevity pay exceed the maximum in the schedule set forth in subsection (c) below.

            (c)  Longevity pay schedule:

 

         Years of Service and

            Amount Payable

                                                                                                                                    21 and

                                                                         1-5            6-10          11-20               Over

Utility Superintendent                            $ 385         $850          $1,350             $1,850

City Clerk                                                           385           850            1,350               1,850

Master Mechanic                                                 340           700            1,060               1,460

Chief of Police                                                     285           570               920               1,320

Assistant Utility

  Superintendent                                                   285           570               920               1,320

Assistant City Clerk                                             285           570               920               1,320

Head Lineman                                                     275           575               875               1,175

All other permanent

  employees                                                         250           505               810               1,120

Janitor                                                                   50             85               125                  170

City Treasurer                                                       50             70               100                  140

City Attorney                                                       110           230               350                  475

Municipal Judge                                                     70           125               185                  250

City Inspector                                                        65           115               170                  230

(Ord. 538, Sec. 1)

 

            1-523.  ADDITIONAL REGULATIONS.  The governing body may, by resolution, from time to time, adopt supplemental provisions and adopt other policies pertaining to salaries, vacations, holidays, sick leave, emergency leave, accident leave, military leave, maternity leave, jury duty, attendance at work, provisions pertaining to health and welfare and other related employer-employee relations.  (Ord. 486, 1-512)

 

 

                                       ARTICLE 5a. PERSONNEL REGULATIONS

 

            1-5a01.  EMPLOYMENT OF PERSONNEL.  (a)  General Employment Consideration.  The primary consideration in the employment of personnel will be made on the basis of competence and integrity of such persons.  Preference will be given to current employees over outside applicants where qualifications are equal for a vacant position.

            (b)  Conditions of Eligibility.  An applicant for any position with the city:

            (1)  Must be a citizen of the U.S.A., as evidences by proof of birth or naturalization, and must live in Stevens County, Kansas.

            (2)  Must possess physical abilities suited to the requirements of the position for which he or she is an applicant.

            (3)  A person in the immediate family of any employee of the city will not be appointed if another equally qualified person is available.  The governing body may waive this policy when clearly in the best interests of the city.

            (c)  Rejection of Application.  Employment applications may be rejected from any applicant:

            (1)  Whose application clearly indicates on its face that minimum qualifications required are not fulfilled.

            (2)  Whose application is not completely filled out.

            (3)  Whose application is not written on the prescribed form.

            (4)  Who has been convicted of a felony or misdemeanor other than a traffic violation.

            (5)  Whose employment has been terminated from a department of the city.

            (6)  Who has practiced or attempted fraud or deception in any statement of fact.

            (d)  Appointments and Assignment to Duty.  The responsibility for hiring and discharging personnel is with the city clerk, city superintendent and the chief of police, with the approval of the governing body, depending on the department in which the employee works.  All appointments as a city employee are made upon merit and fitness.  Employees are appointed on a probationary and regular basis, except in the case of temporary and part-time employees.  Regular employees receive vacation, sick leave or retirement benefits as set forth in Article 5 of this chapter.  A satisfactory probationary employee will usually be given the opportunity to become a regular employee.  Temporary or part-time employees are to be paid on an hourly basis.  Consideration of each employee's interests and abilities will be given as much as possible.

            (e)  Medical Examinations.  An appropriate physical examination will be required of all persons entering the service of the city.  Should the result of the examination be unsatisfactory in any respect, the city may cancel the offer of employment or amend the terms of the offer as it considers necessary.  Expense of the medical examination will be paid by the city.

            (f)  Re-employment.  An employee resigning in good standing from the service of the city, may, upon acceptance of his or her resignation, be re-employed by complying with all requirements of a new employee.  For the purposes of computing vacation leave and longevity pay, the re-employed employee shall receive credit for prior years of service upon completion of one year of service. The governing body may waive this policy when clearly in the best interest of the city. (Ord. 669)

            (g)  Recruitment Examinations.  Appointments to police positions may be based, in part, on the successful completion of a written examination administered by the chief of police.  As the need may require, other competitive examinations for city positions may be required and may be introduced by the governing body.

 

            1-5a02.  ABSENCE FROM WORK.  The following policies shall apply to absences from work and are in addition to those set forth in section 1-512 of this code:              All employees should be at their work stations in accordance with the general regulations or department regulations.  Prompt appearance for work at the specified time is required of all employees.  If an employee knows that he or she will be late for work, or absent because of illness or other reasons, he or she should call his or her supervisor as soon as possible.  This enables the supervisor to make the necessary arrangements to continue the employee's functions while he or she is absent.  When the employee has been absent from work 60 days, a complete physical examination will be required to return to work.  The expense of such an examination will be paid by the city.

 

            1-5a03.  VACATIONS.  The following policies shall apply to vacations and are in addition to those set forth in section 1-513 of the Code of the City of Hugoton, Kansas, 1991:

            (a)  The time an employee takes his or her vacation will be determined by the supervisor and employee, taking into consideration the needs of the department.  The supervisor will make every effort to give the employee the requested dates; however, the need and convenience of the city must come first in scheduling vacation time.  Any conflicts in requested dates will be resolved by seniority of employment.  Employees shall follow scheduled vacations established by their respective supervisors and filed with the city clerk on or before April 15th of each year.  Part-time employees are not eligible for accumulations of vacation time.

            (b)  For the first two years of employment, vacation time is computed on the anniversary date of each employee.  Anniversary date is defined as that date an employee commences to work for the city. As of the first of the year following the employee’s second anniversary date, employees are eligible to use vacation time as of the first of the year. If an employee terminates his or her employment in good standing, any vacation time owed will be computed on the basis of 100 percent for the calendar year.

            (c)  All vacations shall be taken at the minimum rate of five days at a time.  Provided, however, department heads may make arrangements with the city clerk for vacations to be taken at a lesser rate.  Should any holidays fall within an employee's vacation, they will not be charged as part of the vacation time. (Ord. 658, Sec. 1)

 

            1-5a04.            SICK LEAVE.  The following policies shall apply to sick leave and are in addition to those set forth in section 1-514:515 of this code:

            (a)  All city employees hired before January 1, 1971, shall be deemed to have, as of January 1, 1972, 10 days sick leave accumulated.

            (b)  When an employee is sick and cannot report for work, he or she must call his or her supervisor immediately preceding the normal working hours.  Failure to do so will not allow the employee to count the day as sick leave, but will count as absence.

 

            1-5a05.  EMERGENCY LEAVE FOR FAMILY ILLNESS.  In the event of serious illness of a member of the immediate family of an employee which requires hospitalization, locally or away from home, the time necessary for the employee to be away from his or her employment shall be charged against his or her accumulated sick leave.  If the employee does not have any sick leave accumulated, the time shall be charged to his or her accumulated vacation time and/or be allowed without pay.

 

            1-5a06.  DEATH IN THE FAMILY. 

            The following policy is hereby established for city employees requiring time off due to a death in the family.

            In the event of the death of a member of the family of an employee, up to three working days with pay may be allowed for personal matters relating to the death.  The term “family”, as herein defined, shall include not only those persons of the immediate family but also the parents, grandparents, brothers and sisters of the employee’s spouse. The use of the three-day maximum is subject to the approval of the employee’s supervisor. Additional time off may be arranged, without pay or charged to an employee's sick leave, vacation or compensatory time, also subject to the approval of the employee’s supervisor. (Ord. 659, Sec. 1)

           

            1-5a07.  ACCIDENT LEAVE.  (a)  If an employee is injured on the job, as defined under the Workmen's Compensation Act, he or she shall receive his or her regular salary until he or she is able to return to work or until workmen's compensation insurance becomes effective, whichever event occurs first.  Once an employee begins receiving workmen's compensation benefits, he or she may elect to also use any accumulated sick leave or vacation time in order to remain on the city's payroll.  At the employee's election, he or she may choose to turn over the workmen's compensation benefits check to the city.  Such action shall enable the city employee to remain on the city's payroll without the loss of accumulated sick leave or vacation time.

            (b)  Accident leave may not be allowed any employee if the injuries are due to his or her own conduct on off-time activities or injuries related to secondary employment.  (Ord. 591, Sec. 1)

 

            1-5a08.  MILITARY LEAVE.  An employee may take military leave in accordance with state law.  Any employee who is on reserve military status in the Kansas National Guard may, with the consent of his or her department supervisor, schedule his or her vacation time to coincide with any field training or summer camp.  If additional time off is necessary, such leave shall be arranged without pay.

 

            1-5a09.  JURY DUTY.  (a)  It is the civic obligation of each city employee to serve on a jury if he or she is called.  While on jury duty, or while appearing as a legally-required witness, an employee shall receive pay from the city in addition to any other fees received.  The city amount of jury pay is to be equivalent to his or her normal salary.

            (b)  The supervisor shall require proof of jury service before allowing any time off and pay for jury duty.

            (c)  Should the employee serve on a jury during his or her regular vacation period, no deduction from his or her straight time pay will be made, nor will it be increased.

 

            1-5a10.  ATTENDANCE; CITY HOLIDAYS.  (a)  Hours of Work.  Most city employees work 40 hours per week.  The work day generally covers the period from 8:00 a.m. to noon and from 1:00 to 5:00 p.m., Mondays through Fridays.

            Due to the nature of their operations, the Park, Cemetery, Sanitation, Police, Fire and Utility Departments work different schedules.  Work schedules for these operations shall be determined by the respective department heads.

            (b)  Attendance.  All employees should be at the work stations in accordance with the general regulations or department regulations.  Prompt appearance for work at the specified time is required of all employees.

            (c)  Holidays.  The following are legal holidays for fulltime city employees:

 

                        January 1                                              New Year's Day

                        3rd Monday in February                       Washington's Birthday

                        Friday before Easter                             Good Friday    

                        Last Monday in May                            Memorial Day

                        July 4                                                   Independence Day

                        1st Monday in September                     Labor Day

                        2nd Monday in October                       Columbus Day

                        November 11                                       Veterans Day

                        4th Thursday in November                    Thanksgiving Day

                        December 25                                       Christmas

                        Taken on the date                                 Employee's Birthday,

                        (except when it falls on a weekend, whereby it will

                           be designated by the supervisor)

 

            In compliance with federal and state legislation supporting the Monday holiday schedule, the above holidays will be set up by the year on the Monday holiday schedule where feasible.

 

            1-5a11.  RETIREMENT; HEALTH AND WELFARE.  The following policies shall apply to retirement, social security, insurance and workmen's compensation and are in addition to those set forth in sections 1-516:517 of this code:

            (a)  Retirement.  All city employees are covered by Kansas Public Employees Retirement System (KPERS) after one year of regular full-time city service.  Both the employee and the city make contributions to the KPERS fund.

            (1)  The retirement age for city employees is 65.  However, such employment may be extended from year to year with the approval of the governing body.  Retirement is mandatory at the age of 70.

            (2)  Currently, an employee contributes 4% to KPERS, the city contributes 4.2%.  An additional .6% is paid by the city for disability and death insurance on the employee.

            (b)  Social Security.  Social Security is handled by the federal government and is made up of joint contributions by the employee and the city, based upon a percentage of the employee's salary deducted from his or her paycheck.  Complete details of social security benefits are available from the city clerk's office.

            (c)  Health Insurance.  All full-time city employees shall be entitled to be enrolled under the city’s group insurance plan with the Kansas Blue Cross-Blue Shield on the first of the month following the completion of one month of continuous service. The insurance premiums shall be paid on behalf of such employees by the city. (Ord. 664; Sec. 1)

            (d)  Workmen's Compensation.  All city employees are insured against accidents on the job through workmen's compensation insurance.  Should an employee be injured on the job or contract an occupational disease, he or she will receive benefits, the amount depending on the seriousness of the injury or illness.

            (1)  Any injury should be reported immediately to the department supervisor to ensure that the employee will receive the benefits from workmen's compensation to which he or she is entitled.

            (2)  Injury or illness from on-the-job activity will entitle the employee to benefits of workmen's compensation and sick leave pay in accordance with the Workmen's Compensation Act and the sick leave policy of the city, as outlined herein and in section 1-514 of this code.

 

            1-5a12.  UNIFORMS.  Any city employee who is required to wear a uniform in the performance of his or her duties shall be provided with such uniform at the expense of the city.  Replacement shall be at such time and in such amounts as the governing body may designate.

 

 

                               ARTICLE 6. ELECTIONS; WARDS AND PRECINCTS

 

            1-601.  WARDS.  The city is hereby divided into two wards numbered and designated respectively as First Ward and Second Ward.  (Code 1971, 1-601)

 

            1-602.  FIRST WARD.  The First Ward shall include all that part of the city lying west of Main Street.  (Code 1971, 1-602)

 

            1-603.  SECOND WARD.  The Second Ward shall include all that part of the city lying east of Main Street.  (Code 1971, 1-603)

 

            1-604.  FIRST PRECINCT OF FIRST WARD.  The First Precinct of the First Ward shall be all that part of the First Ward lying north of Sixth Street and west of Main Street.  (Code 1971, 1-604)

 

            1-605.  SECOND PRECINCT OF FIRST WARD.  The Second Precinct of the First Ward shall be all that part of the First Ward lying south of Sixth Street, and west of Main Street.  (Code 1971, 1-605)

 

            1-606.  FIRST PRECINCT OF SECOND WARD.  The First Precinct of the Second Ward shall be all that part of the Second Ward lying north of Sixth Street, east of Main Street, and west of Madison Street.  (Code 1971, 1-606)

 

            1-607.  SECOND PRECINCT OF SECOND WARD.  The Second Precinct of the Second Ward shall be all that part of the Second Ward lying south of Sixth Street and east of Main Street, and all that part of the Second Ward lying north of Sixth Street and east of Madison Street.  (Code 1971, 1-607)

 

            1-608.  ANNEXATION OF TERRITORY.  When any territory is annexed to the city, it shall be considered a part of the ward to which it is annexed.  (Code 1971, 1-608)

 

 

                                      ARTICLE 7. INVESTMENT OF IDLE FUNDS

 

            1-701.  INVESTMENT OF IDLE FUNDS.  Temporarily idle moneys of the city not currently needed, may in accordance with the procedure hereafter described be invested in:

            (a)  Temporary notes or no-fund warrants of the city;

            (b)  Time deposits, open accounts or certificates of deposit in commercial banks or trust companies which have offices located in the city.  If no commercial bank or trust company is located in the city, then in commercial banks or trust companies which have offices located in Stevens County, or in the counties of the State of Kansas adjacent to Stevens County, as provided for, and subject to the restrictions of, K.S.A. 12-1675;

            (c)  Time certificates of deposit with state or federally chartered savings and loan associations which have offices located in the city;

            (d)  Repurchase agreements with commercial banks, trust companies, or state or federally chartered savings and loan associations with offices located in the city, for direct obligations of, or obligations that are insured by, the United States government or any agency thereof.  If no commercial bank, trust company, or state or federally chartered savings and loan association has an office in the city, then in any commercial bank, trust company, or state or federally chartered savings and loan association with offices located in Stevens County.  If no such commercial bank, trust company, or state or federally chartered savings and loan association will enter into such an agreement at or above the interest rate set out by K.S.A.  12-1675(b)(4), then such repurchase agreements may be entered into with commercial banks, trust companies, or state or federally chartered savings and loan associations which have offices located in the State of Kansas;

            (e)  United States treasury bills or notes with maturities as the governing body shall determine, but not exceeding six months.  Investments may be made in U.S. treasury bills or notes only if no eligible bank, trust company, or state or federally chartered savings and loan association can or will make the investments authorized in subsections (b) and (c) at interest rates equal to or greater than the average yield before taxes received on 91-day U.S. treasury bills or the maximum rates such banks, trust companies or savings and loan associations may pay on investments authorized under subsections (b) and (c), whichever is lower.  (K.S.A. 12-1675; Code 1986)

 

 

                                                   ARTICLE 8. OPEN RECORDS

 

            1-801.  POLICY.  (a)  It is hereby declared to be the policy of the city that all public records which are made, maintained or kept by or are in the possession of the city, its officers and employees, shall be open for public inspection as provided by, and subject to the restrictions imposed by, the Kansas Open Records Act.

            (b)  Any person, upon request, shall have access to such open public records for the purpose of inspecting, abstracting or copying such records while they are in the possession, custody and control of the appointed or designated record custodian thereof, or his or her designated representative.  (Code 1986)

 

            1-802.  RECORD CUSTODIANS.  The record custodian(s) appointed and designated pursuant to this article shall preserve and protect all public records from damage, disorganization and theft and shall assist, in a timely and efficient manner, any person making request for access to any open public record.  (Code 1986)

 

            1-803.  PUBLIC REQUEST FOR ACCESS.  All city offices keeping and maintaining open public records shall establish office hours during which any person may make a request for access to an open public record.  Such hours shall be no fewer than the hours each business day the office is regularly open to the public.  For any city office not open Monday through Friday, hours shall be established by the record custodian for each such day at which time any person may request access to an open public record.  (Code 1986)

 

            1-804.  FACILITIES FOR PUBLIC INSPECTION.  All city offices keeping and maintaining open public records shall provide suitable facilities to be used by any person desiring to inspect and/or copy an open public record.  The office of the city clerk, being the principal recordkeeper of the city, shall be used as the principal office for providing access to and providing copies of open records to the maximum extent practicable.  Requesters of records shall be referred to the office of the city clerk except when the requested records are not in that office and are available in another city office.  (Code 1986)

 

            1-805.  PROCEDURES FOR INSPECTION.  Any person requesting access to an open public record for purposes of inspecting or copying such record, or obtaining a copy thereof, shall abide by the procedures adopted by the governing body for record inspection and copying, including those procedures established by record custodians as authorized by the governing body.  Such procedures shall be posted in each city office keeping and maintaining open public records.  (Code 1986)

 

            1-806.  APPOINTMENT OF OFFICIAL CUSTODIANS.  The following city officers are hereby appointed as official custodians for purposes of the Kansas Open Records Act and are hereby charged with responsibility for compliance with that Act with respect to the hereinafter listed public records:

            (a)  City Clerk - All public records kept and maintained in the city clerk's office and all other public records not provided for elsewhere in this section.

            (b)  City Treasurer - All public records not on file in the office of the city clerk and kept and maintained in the city treasurer's office.

            (c)  Chief of Police - All public records not on file in the office of the city clerk and kept and maintained in the city police department.

            (d)  Fire Chief - All public records not on file in the office of the city clerk and kept and maintained in the city fire department.

            (e)  City Attorney - All public records not on file in the office of the city clerk and kept and maintained in the city attorney's office.

            (f)  Clerk of the Municipal Court - All public records not on file in the office of the city clerk and kept and maintained in the municipal court.  (Code 1986)

 

            1-807.  DESIGNATION OF ADDITIONAL RECORD CUSTODIANS.  (a)  Each of the official custodians appointed in section 1-606 is hereby authorized to designate any subordinate officers or employees to serve as record custodian.  Such record custodians shall have such duties and powers as are set out in the Kansas Open Records Act.

            (b)  Whenever an official custodian shall appoint another person as a record custodian he or she shall notify the city clerk of such designation and the city clerk shall maintain a register of all such designations.  (Code 1986)

 

            1-808.  DUTIES OF CUSTODIANS.  All city officers and employees appointed or designated as record custodians under this article shall:  protect public records from damage and disorganization; prevent excessive disruption of the essential functions of the city; provide assistance and information upon request; insure efficient and timely action and response to all applications for inspection of public records; and shall carry out the procedures adopted by this city for inspecting and copying open public records.  (Code 1986)

 

            1-809.  REQUESTS TO BE DIRECTED TO CUSTODIANS.  (a)  All members of the public, in seeking access to, or copies of, a public record in accordance with the provisions of the Kansas Open Records Act, shall address their requests to the custodian charged with responsibility for the maintenance of the record sought to be inspected or copied.

            (b)  Whenever any city officer or employee appointed or designated as a custodian under this article is presented with a request for access to, or copy of, a public record which record the custodian does not have in his or her possession and for which he or she has not been given responsibility to keep and maintain, the custodian shall so advise the person requesting the record.  Further, the person making the request shall be informed as to which custodian the request should be addressed to, if such is known by the custodian receiving the request.  (Code 1986)

 

            1-810.  FEE ADMINISTRATION.  The city clerk is hereby authorized to provide the clerk's office, and the office of each record custodian, with sufficient cash to enable the making of change for record fee purposes.  Each custodian shall transmit all record fee moneys collected to the city treasurer whenever the amount accumulated exceeds $5, but not less than monthly.  Each custodian shall maintain duplicates of all records and copy request forms, completed as to the amount of fee charged and collected, which amounts shall be periodically audited by the clerk-finance officer and treasurer of the city.  (Code 1986)

 

            1-811.  INSPECTION FEE.  (a)  Where a request has been made for inspection of any open public record which is readily available to the record custodian, there shall be no inspection fee charged to the requester.

            (b)  In all cases not covered by subsection (a) of this section, a record inspection fee shall be charged at the rate of $5 per hour per employee engaged in the record search.  A minimum charge of $5 shall be charged for each such request.  (Code 1986)

 

            1-812.  COPYING FEE.  (a)  A fee of 25 cents per page shall be charged for photocopying public records, such fee to cover the cost of labor, materials and equipment.

            (b)  For copying any public records which cannot be reproduced by the city's photocopying equipment, the requester shall be charged the actual cost to the city, including staff time, in reproducing such records.  (Code 1986)

 

            1-813.  PREPAYMENT OF FEES.  (a)  A record custodian may demand prepayment of the fees established by this article whenever he or she believes this to be in the best interest of the city.  The prepayment amount shall be an estimate of the inspection and/or copying charges accrued in fulfilling the record request.  Any overage or underage in the prepayment shall be settled prior to inspection of the requested record or delivery of the requested copies.

            (b)  Prepayment of inspection and/or copying fees shall be required whenever, in the best estimate of the record custodian, such fees are estimated to exceed $5.

            (c)  Where prepayment has been demanded by the record custodian, no record shall be made available to the requester until such prepayment has been made.  (Code 1986)

 

            1-814.  PAYMENT.  All fees charged under this article shall be paid to the custodian of the records inspected and/or copied unless the requester has established an account, for purposes of billing and payment, with the city.  All fees received shall be paid to the city treasurer whenever the amount of fees collected totals $5, but not less than monthly.  (Code 1986)

 

 

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