A CHARTER ORDINANCE EXEMPTING THE CITY OF HAYSVILLE, KANSAS, FROM THE WHOLE OR PART OF K.S.A. 14-201, 14-205, 14-301, 14-306 and 14-307, PROVIDING SUBSTITUTE AND ADDITIONAL PROVISIONS RELATING TO THE APPOINTMENT OF A CITY ADMINISTRATOR AND TO THE POWERS AND DUTIES OF SAID CITY ADMINISTRATOR AND OF THE MAYOR AND THE COUNCIL, AND REPEALING CHARTER ORDINANCE NO. 3A and ORDINANCE NO. 364.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF HAYSVILLE, KANSAS:

SECTION 1. INAPPLICABLE PROVISIONS OF KANSAS STATUTES ANNOTATED:

The City of Haysville, Kansas, a mayor/council city of the second class, by the power vested in it by Article 12, Section 5 of the Constitution of the State of Kansas, hereby elects to make exempt itself from and make inapplicable to it K.S.A. 14-201, 14-205, 14-301, 14-306 and 14-307, which sections apply to said city but not uniformly to a11 cities of Kansas, and to enact substitute and additional provisions on the same subject as herein provided.

SECTION 2. OFFICE OF CITY ADMINISTRATOR ESTABLISHED:

The position of City Administrator is hereby established. The Administrator shall be appointed by the Mayor, with the confirmation of a majority of the council-elect.

SECTION 3. IMPLEMENTATION, SALARY AND QUALIFICATIONS:

The City Administrator shall be appointed prior to January 1, 1981, and all duties shall commence on said date. He/she shall hold office at the will of the Mayor and council. The salary of the City Administrator shall be established by regular salary ordinance of the city. The City Administrator shall be chosen on the basis of administrative ability and professional competence. He/she sha11 give such bond as the council may require for the faithful performance of his/her duties. The City Administrator need not be a resident of the city when appointed, and at the council1s discretion, need not be a resident of the city during his/her term of office.

SECTION 4. POWERS AND DUTIES OF THE CITY ADMINISTRATOR:

The powers and duties of the City Administrator shall include but not be limited to the following:

a.     To see that the laws and ordinances of the city are enforced.

b.    To devote all necessary time and attention to the affairs of the city and be responsible to the governing body and Mayor for the efficient administration of its affairs.

c.     With the approval of the Mayor and confirmation of a majority of the council-elect, to appoint and remove all heads of departments whose positions are established by the governing body, the City Engineer, the Municipal Judge, and the City Attorney. The City Administrator shall hire and discharge all other employees whose positions are authorized by the governing body, at such compensation as may be set or authorized by the governing body. All such employees shall perform their duties subject to the discretion of the City Administrator or that department head or superior to whom the City Administrator may assign such employee. Provided further, that the City Administrator may delegate such authority to hire, and discharge employees whose positions are authorized by the governing body. Any such hiring or discharge shall be reported to the governing body at the next regular council meeting.

d.    To supervise all non-elected city employees, officers and appointees, excepting City Attorney and Municipal Judge.

e.     To attend all meetings of the governing body with the right to take part in the discussion, but having no vote.

f.     Make recommendations to the governing body concerning salary scales, cost of living increases, raises and fringe benefits of appointed officers and employees.

g.     Be responsible for accounting procedures, billing methods, record keeping and computer programming for the city.

h.    Prepare and submit to the governing body a line item budget by July l of each year.

i.     Review all insurance policies of the city on an annual basis and make recommendations to the governing body.

j.     Exercise general supervision and control over all city purchases and expenditures in accordance with the city budget and within guidelines specified by the governing body. Any major deviation ($1,000.00 or more) from the current budget will be coordinated with the governing body prior to purchase or fund commitment.

k.    In conjunction with the planning and park boards, recommend to the governing body workable plans for the city improvements and future development.

1.    Maintain current knowledge of state and federal financial grants and available assistance from other agencies, and to prepare, submit and monitor financial grants and applications.

m.   Serve as public relations officer for the city in contacts with residents and businesses in order to maintain a good relationship between city government, county commissioners, local citizens and businesses.

n.    Coordinate the work of all boards, volunteer departments and committees appointed by the governing body.

o.    To perform such other duties as may be prescribed by ordinance, re­ solution or direction of the governing body.

SECTION 5. GRIEVANCE PROCEDURE:

Any department head, city official, or employee shall have the right to present grievances in accordance with the grievance procedures set forth in the Employee’s Handbook for he City of Haysville, edition current to the date of the act giving rise to the grievance.

If any such grievance reaches the stage of an appeal to the governing body, the employee shall make, within thirty days from the date of the last decision on the grievance, a written request to the city clerk for a hearing before the governing body, and the city clerk shall cause the hearing to be placed on the agenda for the next regular council meeting. The grievance shall be upheld upon a majority vote of the governing body.

SECTION 6. DEPARTMENTAL REORGANIZATION:

All major departmental reorganizations wi11 be approved by a majority vote of the governing body.

SECTION 7. ABSENCE OR DISABILITY OF THE CITY ADMINISTRATOR:

During the absence or disability of the City Administrator, the Mayor shall appoint an acting City Administrator with council confirmation.

SECTION 8. POWERS AND DUTIES OF MAYOR:

a.     Except as specifically provided in this ordinance, the establishment of the office of City Administrator shall in no way limit or change the rights, powers, duties and responsibilities of the Mayor and council as prescribed by statute not herein made inapplicable, for cities of the second class.

b.    The mayor shall preside at all meetings of the City council and shall have a casting vote when the council is equally divided and none other.

c.     The Mayor shall appoint, by and with the consent of a majority of council-elect, the members of all boards, commissioners, and voluntary departments, such as, but not limited to, the library board, planning commission, park board, and board of zoning appeals.

SECTION 9. ORDERS AND REPORTS:

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

SECTION 10. REPEAL:

Charter Ordinance No. 3A and Ordinance No. 364 are hereby repealed in their entirety. Provided further that any and all provisions of Ordinance and Charter Ordinance in conflict with the provisions herein are hereby repealed.

SECTION 11. QUALIFICATIONS OF OFFICERS; APPOINTMENT OF NONRESIDENTS; REMOVAL OF OFFICER, EFFECT; OATHS AND BONDS:

All officers elected or appointed except where otherwise by ordinance specifically required or permitted to be nonresidents, shall be qualified electors of said city, except that the city may appoint nonresidents as City Engineer, City Attorney, Municipal Judge, and City Administrator, and as law enforcement officers when deemed. necessary, including the appointment of nonresidents who also serve as City Attorney, Municipal Judge or law enforcement officer of another municipality or public agency. The City Attorney shall be a qualified elector of the county in which said city is located or of an adjoining county.

SECTION 12. SEPARABILITY:

If any phrase, clause paragraph or section of this ordinance is declared unconstitutional or invalid by any court of competent jurisdiction, it is hereby declares that the governing body would have enacted the remaining portions of this ordinance without the phrase, clause, paragraph or section so held unconstitutional or invalid.

(10-27-1980; Repealed by C.O. No. 8B)