The City Council shall consist of five citizens of the City who, together with the Mayor, shall be qualified electors of the City of Hesston, Kansas under the Constitution of the State of Kansas. The City Council and the Mayor shall serve for a term of four years.

(C.O. 140-2016-040, Sec. 3)

All powers exercised by cities of the second class or which shall hereafter be conferred upon them shall be exercised by the governing body, subject to such limitations as prescribed by law. All executive and administrative authority granted or limited by law shall be vested in the mayor and city council as governing body of the city.

(K.S.A. 12-103; Code 1990)

Regular meetings of the council shall be held on the second Monday of each month at 6:00 p.m. in the Council Chamber/Municipal Court Building located at 110 E. Smith Street. Special meetings may be called by the mayor or acting mayor as declared by necessity or upon written request of any three members of the council.

(Ord. No. 020-2019-171)

In all cases, it shall require three of the five council members elect to constitute a quorum to do business; but a smaller number may adjourn from day to day and may compel the attendance of absent members in such manner and under such penalties as the council, by ordinance, may have previously prescribed.

(K.S.A. 14-111; C.O. No. 140-1995-010, Sec. 2; C.O. No. 140-2006-013; Code 2007)

The mayor shall preside at all meetings of the governing body. The mayor shall have the tie-breaking vote on all questions when the members present are equally divided. The mayor shall:

(a)   Have the superintending control of all officers and affairs of the city;

(b)   Take care that the ordinances of the city are complied with;

(c)   Sign the commissions and appointments of all officers elected or appointed;

(d)   Endorse the approval of the governing body on all official bonds;

(e)   From time to time communicate to the city council such information and recommend such measures as he or she may deem advisable;

(f)   Have the power to approve or veto any ordinance as the laws of the state shall prescribe;

(g)   Sign all orders and drafts drawn upon the city treasury for money.

(K.S.A. 14-301:302; Code 1990)

The City Council shall elect from its membership a President of the Council. The President of the Council shall preside in the absence of the Mayor. If a vacancy occurs in the office of the Mayor by death, resignation, removal from the City, removal from office, refusal to qualify or otherwise, the President of the Council shall become Mayor until the next regular City election and the vacancy created in the office of the Council Member becoming Mayor shall be filled by the governing body of the City. Thereupon, the City Council shall elect from its membership a new President of the Council.

(C.O. 140-2016-040, Sec. 3)

The governing body may designate whether the administration of a policy or the carrying out of any order shall be performed by a committee, an appointive officer, or the mayor. If no administrative authority is designated it shall be vested in the mayor. 

(Code 1990)

(a)   No person shall be eligible for the office of Council Member who is not at the time of election an actual resident of the City. If any Council Member moves from the City during such Council Member’s term of office, the office shall be deemed vacant. In case of a vacancy in the office of a Council Member occurring by reason of resignation, death, removal from the City, removal from office, or by becoming Mayor by reason of being President of the Council when a vacancy occurs in the office of Mayor, the Mayor shall appoint, with the consent of a majority of the remaining Council Members, some suitable elector of the City to fill the vacancy until the expiration of the term of such office.

(b)   The procedure for filling vacancies in the governing body shall apply, provided such vacancies have been filled within 60 days of the vacancy.  If a vacancy is not filled within 60 days of the vacancy, the Kansas statutory procedure to fill vacancies shall apply.

(C.O. 140-2016-040, Sec. 3)

The monthly compensation for the mayor is set at $500, and the council members at $350 per month.

(Ord. 010-2022-226, Sec. 1)

Each member of the governing body shall receive for his or her services and as reimbursement for his or her expenses, compensation as follows:

(a)   Mileage at the same rate as is established by law by the state of Kansas for state employees for each mile traveled by the shortest route upon the performance of duties assigned by the mayor and/or council,

(b)   Reimbursement for actual food and lodging expenses upon the performance of duties assigned by the mayor and/or council, provided such expenses shall be documented by proper receipts.

(Code 1990)

There is hereby incorporated by reference for the purpose of establishing a code of procedure for the conduct of city council meetings and meetings of other boards, committees and commissions of the City of Hesston, Kansas, that certain model code known as the “Code of Procedure for Kansas Cities,” First Edition (2004), prepared and published in book form by the League of Kansas Municipalities, Topeka, Kansas save and except for such articles, sections, parts or portions as are hereafter omitted, deleted, modified or changed.

(Ord. 010-2004-141, Sec. 1; Code 2007)

At least three copies of the “Code of Procedure for Kansas Cities” shall be marked or stamped OFFICIAL COPY AS INCORPORATED BY ORDINANCE NO. 010-2004-141, and to which shall be attached a copy of said ordinance. All official copies shall be filed with the city clerk to be open to inspection by the public during all reasonable business hours. Official copies of the “Code of Procedure for Kansas Cities” shall be furnished to all persons or departments charged with the enforcement of the code or to whom the Code is applicable and to such others as may be deemed necessary. All such copies shall be furnished at the cost of the city.

(Ord. 010-2004-141, Sec. 2; Code 2007)

Section 12 of the “Code of Procedure for Kansas Cities” is hereby changed to read as follows:

“Order of Business.  At the hour appointed for the meeting, the mayor shall call the meeting to order.  The president of the council shall chair the meeting in the absence of the mayor. Upon having a quorum present, the governing body shall proceed to business, which shall generally be conducted in the following order:

(1)   Additions to Agenda;

(2)   Consent Agenda;

(3)   Constituency Comments;

(4)   Proclamations and Awards;

(5)   Resolutions and Ordinances;

(6)   Old Business;

(7)   New Business;

(8)   Reports of staff and committees;

(9)   Adjournment.”

(Ord. 010-2004-141, Sec. 3; Code 2007)

(a)   Declaration of Policy - The proper operation of our government requires that public officials and employees be independent, impartial and responsible to the people; that governmental decisions and policy be made in the proper channels and that the public have confidence in the integrity of its government. In recognition of those goals, there is hereby established a Code of Ethics for all officials and employees, whether elected or appointed, paid or unpaid. The purpose of this code is to establish ethical standards by setting forth those acts or actions that are incompatible with the best interests of the city.

(b)   Responsibilities of Public Office - Public officials and employees are agents of public purpose and hold office for the benefit of the public. They are bound to uphold the Constitution of the United States and the Constitution of this State and to carry out impartially the laws of the nation, state, and city and thus to foster respect for all government. They are bound to observe in their official acts the highest standards of morality and to discharge faithfully the duties of their office regardless of personal considerations, recognizing that the long term public interest must be their primary concern.  Their conduct in both their official and private affairs should be above reproach.

(c)   Dedicated Service - All officials and employees of the city should be responsive to the political objectives expressed by the electorate and the programs developed to attain those objectives. Appointive officials and employees should adhere to the rule of work and performance established as the standard for their positions by the appropriate authority.

Officials and employees should not exceed their authority or breach the law or ask others to do so, and they should work in full cooperation with other public officials and employees unless prohibited from so doing by law or by officially recognized confidentiality of their work.

(d)   Fair and Equal Treatment -

(1)   Interest in Appointments. Canvassing of members of the city council, directly or indirectly, in order to obtain preferential consideration in connection with any appointment to the municipal service shall disqualify the candidate for appointment except with reference to positions filled by appointment by the city council.

(2)   Use of Public Property - No official or employee shall request or permit the use of city-owned vehicles, equipment, materials or property for personal convenience or profit, except when such services are available to the public generally or are provided as city policy for the use of such official or employee in the conduct of official business.

(3)   Obligations to Citizens - No official or employee shall grant any special consideration, treatment, or advantage to any citizen beyond that which is available to every other citizen.

(e)   Conflict of Interest - No elected or appointive city official or employee, whether paid or unpaid, shall engage in any business or transaction or shall have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his or her duties in the public interest or would tend to impair his or her independence of judgment or action in the performance of his or her official duties. Personal as distinguished from financial interest includes an interest arising from blood or marriage relationships or close business or political association.

Specific conflicts of interest are enumerated below for the guidance of officials and employees:

(1)   Incompatible Employment - No elected or appointive city official or employee shall engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of his or her official duties or would tend to impair his or her independence of judgment or action in the performance of his or her official duties.

(2)   Disclosure of Confidential Information - No elected or appointive city official or employee, shall, without proper legal authorization, disclose confidential information concerning the property, government or affairs of the city. Nor shall he or she use such information to advance the financial or other private interest of himself, herself or others.

(3)   Gifts and Favors. No elected or appointive city official or employee shall accept any valuable gift, whether in the form of service, loan, thing or promise, from any person, firm, or corporation which to his or her knowledge is interested directly or indirectly in any manner whatsoever in business dealings with the city; nor shall any such official or employee (a) accept any gift, favor or thing of value that may tend to influence him or her in the discharge of his or her duties or (b) grant in the discharge of his or her duties any improper favor, service, or thing of value. The prohibition against gifts or favors shall not apply to: (a) an occasional nonpecuniary gift, of only nominal value or (b) an award publicly presented in recognition of public service or (c) any gift which would have been offered or given to him or her if not an official or employee.

(4)   Representing Private Interest Before City Agencies or Courts - No elected or appointive city official or employee whose salary is paid in whole or in part by the city shall appear in behalf of private interest before any agency of this city. He or she shall not represent private interests in any action or proceeding against the interest of the city in any litigation to which the city is a party.

(Code 1990, Code 2004, 1-212)