The Mayor shall appoint, by and with the consent of the City Council, a Municipal Judge of the Municipal Court, a Chief of Police, City Clerk, City Administrator, City Treasurer, Director of Emergency Services, and City Attorney, all of whom shall serve a term of one year, unless specified by contract, and shall appoint such other officers and employees as the Mayor and City Council may deem necessary; and may retain a licensed professional engineer to act in the capacity of city engineer for specified duties. The terms of office for all City officers serving on the effective date of adoption of [Charter Ordinance No. 140-2016-040] shall end at the regular City Council meeting in February. The duties and pay of such officers shall be regulated by ordinance.

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

The mayor shall have authority to hire all other employees, or such authority may be delegated to the city administrator.

(Code 2003)

(a)   A majority of all members elect of the governing body may remove any appointed officer.

(b)   For good cause, the mayor may suspend at any time any appointed officer.

(c)   Employees, other than appointed officers, may be removed by the mayor upon recommendation of the city administrator.

(K.S.A. 14-101; Code 2003)

Whenever a vacancy occurs in any appointive office for whatever reason, the vacancy shall be filled by the governing body. Any person appointed to fill such vacancy shall serve only until the next regular time for appointment. 

(K.S.A. 14-205; Code 1990)

The city clerk shall:

(a)   Be custodian of all city records, books, files, papers, documents and other personal effects belonging to the city and not properly pertaining to any other office;

(b)   Carry on all official correspondence of the city;

(c)   Attend and keep a record of the proceedings of all regular and special meetings of the governing body;

(d)   Enter every appointment of office and the date thereof in the journal;

(e)   Enter or place each ordinance of the city in the ordinance books after its passage;

(f)   Publish all ordinances, except those appropriating money, and such resolutions, notices and proclamations as may be required by law or ordinance.

(Code 1990)

The city clerk shall:

(a)   Prepare and keep suitable fiscal records;

(b)   Assist in preparing the annual budget;

(c)   Audit all claims against the city for goods or services rendered for the consideration of the governing body.  His or her accounts shall properly show the amounts paid from any fund of the city and the cash balance existing in each fund;

(d)   Keep an accurate account of all bonds issued by the city;

(e)   Keep a record of all special assessments.

(Code 1990)

The city clerk shall:

(a)   Have custody of the corporate seal of the city and shall affix the same to the official copy of all ordinances, contracts, and other documents required to be authenticated;

(b)   Have power to administer oaths for all purposes pertaining to the business and affairs of the city; 

(c)   Keep suitable files of all such oaths required to be deposited in his or her office.

(Code 1990)

The city clerk is designated as the withholding agent of the city for the purposes of the Federal Revenue (Income) Act, and shall perform the duties required of withholding agents by said act or any other act requiring withholding from the compensation of any city officer or employee.  The clerk shall perform such other duties as may be prescribed by the governing body or the Kansas statutes.

(Code 1990)

(a)   The office of deputy city clerk is hereby established.  The mayor may appoint, by and with the consent of the city council, the deputy city clerk.  The person so appointed and confirmed shall hold the office for a term of one year and until a successor is appointed and confirmed.

(b)   The deputy city clerk shall perform those duties assigned to that office by the city clerk.

(c)   Whenever a vacancy occurs in the position of city clerk and the city is without a person appointed, confirmed or qualified to hold that office, the deputy city clerk shall become the acting city clerk and fulfill the duties of that office.

(Ord. 010-1985-058, Secs. 1:2; Code 2007)

The city treasurer shall:

(a)   Keep a full and accurate record of all money received and paid out in a ledger book provided by the governing body;

(b)   Publish a quarterly financial statement;

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

(d)   Pay out city funds only upon orders or warrants properly signed by the mayor and city clerk;

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

(K.S.A. 10-803; K.S.A. 12-1608; Code 1990)

There is hereby established the office of city attorney. No person shall be eligible for the office of city attorney who is not an attorney at law admitted to practice in the Supreme Court of the State of Kansas. The city attorney shall be charged with the general direction and supervision of the legal affairs of the city. 

The city attorney shall:

(a)   Attend meetings of the governing body when so directed to attend by the governing body;

(b)   Advise the governing body and all officers of the city upon such legal questions affecting the city and its offices as may be submitted to him or her;

(c)   When requested by the governing body, give opinions in writing upon any such questions;

(d)   Draft such ordinances, contracts, leases, easements, conveyances and other instruments in writing as may be submitted to him or her in the regular transaction of affairs of the city;

(e)   Approve all ordinances of the city as to form and legality;

(f)   Attend planning commission and board of zoning appeals meetings when so directed by the boards;

(g)   Appear and prosecute all violations of city ordinances in municipal court when his or her services shall be required;

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

(Code 1990)

(a)   There is hereby created and established the office of city administrator.  The city administrator shall be appointed by the mayor and by and with the consent of the city council; and he or she shall serve at the pleasure of the council.

(b)   The city administrator shall be appointed on the basis of his or her qualifications and his or her ability, and upon appointment must become a resident of the City of Hesston.

(c)   The same person may not hold the office of city clerk and the office of city administrator.

(Ord. 010-1979-046, Sec. 1)

Except as otherwise provided by law or the ordinances of the city, the city administrator shall:

(a)   Manage, direct, control, and supervise all the administrative departments and services of the city.

(b)   Recommend to the mayor and city council for hiring all appointive officers and employees.

(c)   Supervise, direct, and assign the duties of all appointive officers and employees.

(d)   Prepare and submit the annual budget of the governing body and keep it fully, completely, and timely advised as to the financial condition of the city.

(e)   Exercise general supervision and control over all city purchases and expenditures in accordance with the budget and such policies as may be established by the governing body.

(f)   Recommend to the governing body a schedule of salaries for all officers and employees.

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

(h)   Develop and prepare such planning, short-range as well as long-range, as the governing body shall request and shall submit such planning to the governing body for action.

(i)    Attend all meetings of the governing body and such other meetings of commissions and other organizations as the governing body shall designate and shall regularly report on the status of the city and its services to the governing body.

(j)    Make such recommendations to the governing body as are deemed necessary for effective administration of all city services.

(k)   Be responsible for the proper and efficient discharge of the duties of all city administrative officers and employees.

(l)    Perform such other duties as the governing body may direct.

(Ord. 010-1979-046, Sec. 2)

It shall be the general practice of the governing body to issue all orders and directives to all city officers and departments and receive reports and communications therefrom through the office of city administrator. 

(Ord. 010-1979-046, Sec. 3; Code 2003)

The same person may be appointed to more than one appointive office, or employed in more than one department, except that the same person shall not be appointed to incompatible offices.  Salaries or wages of such persons shall be prorated between the proper funds of the several offices or departments. 

(Code 1990)

(a)   No city officer or employee shall be signatory upon, discuss in an official capacity, vote on any issue concerning or otherwise participate in his or her capacity as a public official or employee in the making of any contract with any person or business:

(1)   In which the officer or employee owns a legal or equitable interest exceeding $5,000 or five percent, whichever is less, individually or collectively with his or her spouse; or

(2)   From which the officer or employee receives, in the current or immediately preceding or succeeding calendar year, any salary, gratuity, other compensation or a contract for or promise or expectation of any such salary, gratuity or other compensation or remuneration having a dollar value of $1,000 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 the 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. 74-4301; Code 1990)