The chapters, articles and sections herein shall constitute and may be designated as the “Code of the City of Haysville, Kansas,” and may be so cited.

(Code 1984)

The following definitions and rules of construction shall be observed in the construction of this code and of all ordinances unless they are inconsistent with the manifest intent of the governing body or the context clearly requires otherwise. The following words or phrases shall mean:

(a)   City: City of Haysville, in Sedgwick 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 a Sunday or legal holiday, that day shall be excluded.

(c)   County: County of Sedgwick, Kansas.

(d)   Delegation of Authority: Whenever a provision appears requiring or authorizing the head of a department or other officer of the city to do some act or perform some duty, it shall be construed to authorize such department head or officer to designate, delegate and authorize subordinates to do the required act or perform the required duty unless the terms of the provision designate otherwise.

(e)   Gender: Words importing the masculine gender include the feminine and neuter.

(f)   In the City: Any territory within the corporate limits of the City of Haysville, Kansas, and the police jurisdiction thereof and any other territory over which regulatory power has been conferred on the city by law, except as otherwise specified.

(g)   Joint Authority: All words giving a joint authority to three (3) or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.

(h)   May is permissive.

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

(j)    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.”

(k)   Owner: 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 buildings or land.

(l)    Person: A firm, partnership, association or persons, corporation, organization or any other group acting as a unit, as well as an individual.

(m)  Property: Real, personal and mixed property.

(n)   Real Property: Land, tenements and hereditaments.

(o)   Shall and Will are mandatory.

(p)   Sidewalk: Any portion of a street between the curb line and the adjacent property line intended for the use of pedestrians.

(q)   Street: Public streets, avenues, boulevards, highways, roads, alleys, lanes, viaducts, bridges and the approaches thereto and all other public thoroughfares in the city.

(r)    Tenant, Occupant: Applies to building or land, means any person who occupies the whole or part of such building or land, whether alone or with others.

(Code 1984; Code 2003)

The matter in parenthesis at the ends of sections is for information only and is not a part of the code. Citations to ordinances indicate only the source and the text may or may not be changed by this code. This code is a new enactment under the provisions of K.S.A. 12-3014 and 12-3015. Reference matter not in parenthesis is for information only and is not a part of this code.

(K.S.A. 12-3014, 3015; Code 1984)

The catchlines or headings of the sections of this code are intended as mere 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 1984)

Any portion of this code may be amended by specific reference to the section number as follows:

       “Section (or article or chapter) ___ of the code of the City of Haysville is hereby amended to read as follows: (the new provisions shall then be set out in full)”

A new section not heretofore existing in the-code may be added as follows:

       “The code of the City of Haysville 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 Haysville is hereby repealed.”

(K.S.A. 12-3004; Code 2022)

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.

(Code 1984)

(a)   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 parentheses stating the month, day and year of such publication.

(b)   In lieu of full publication of an ordinance pursuant to this section, a city may opt to publish a summary of the ordinance so long as:

(1)   The publication is identified as a “summary” and contains notice that the complete text of the ordinance may be obtained or viewed free of charge at the office of the city clerk;

(2)   the city attorney certifies the summary of the ordinance prior to publication to ensure that the summary is legally accurate and sufficient; and

(3)   the publication contains the city’s official website address where a reproduction of the original ordinance is available for a minimum of one week following the summary publication in the newspaper. If an ordinance is subject to petition pursuant to state law, then the summary shall contain a statement that the ordinance is subject to petition.

(K.S.A. 12-3007; Code 2022)

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 1984)

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 1984)

City employees, elected and appointed officials hold office for the benefit of the public. By oath of office, they are bound to support the Constitution of the United States and the Constitution of the State of Kansas. By virtue of their positions, they are also bound to uphold and support the laws of the state of Kansas and the ordinance and rules and regulations of the city, and to faithfully discharge the duties of their position, keeping public interest as their primary concern.

(Ord. 684, Sec. 2; Code 2003)

(a)   Guidelines are hereby established for city employees, contract employees, appointed officials and elected officials in conducting the business of the city and protecting the trust of the people. The city sets forth those acts or actions that would be considered a breach of the code of ethics, a conflict of interest or action incompatible with the employment or holding of public office. The proper operation of a democratic government requires that public officials, employees and appointed personnel be responsible to the people. Public office shall not be used for personal gain; decisions and policy shall be conducted through proper governmental channels; government integrity must be upheld to maintain public confidence.

(b)   An employee or public official may be deemed to have a “substantial interest” which prohibits the employee or public official from handling or participating in a transaction if any of the following are present within the transaction such as dealing with a relative or a business with whom the employee or public official has a current contract or his or her spouse is employed.

Special or conflict of interest shall be defined as follows:

(1)   If an employee or an employee’s spouse, public official or public official’s spouse, either individually or collectively, has owned within the preceding twelve (12) months a legal or equitable interest exceeding five-thousand dollars ($5,000) or five percent (5%) of any business, whichever is less, the employee or public official has a substantial interest in that business.

(2)   If an employee or an employee’s spouse, public official or public official’s spouse, either individually or collectively, has received during the preceding calendar year compensation which is or will be required to be included as taxable income on federal income tax returns of the public official and spouse or employee and spouse in an aggregate amount of two-thousand dollars ($2,000) from any business or combination of businesses, the employee or public official has a substantial interest in that business or combination of businesses.

(3)   If an employee or an employee’s spouse, public official or public official’s spouse, either individually or collectively, has received in the preceding twelve (12) months, without reasonable and valuable consideration, goods or services having an aggregate value of five hundred dollars ($500) or more from a business or combination of businesses, the employee or public official has a substantial interest in that business or combination of businesses.

(4)   If an employee or an employee’s spouse, public official or public official’s spouse hold the position of officer, director, associate, partner or proprietor, of any business, other than an organization exempt from federal taxation of corporations under section 501(c) (3), (4), (6), (7), (8), (10) or (19) of Chapter 26 of the United States Code, the employee or public official has a substantial interest in that business, irrespective of the amount of compensation received by the employee or employee’s spouse, public official or public official’s spouse.

(5)   If an employee or an employee’s spouse, public official or public official’s spouse receives compensation which is a portion or percentage of each separate fee or commission paid to a business or combination of businesses, the employee or public official has a substantial interest in any client or customer who pays fees or commissions to the business or combination of businesses from which fees or commissions the employee or the employee’s spouse, public official or public official’s spouse, either individually or collectively, received in aggregate of two-thousand dollars ($2,000) or more in the preceding calendar year.

(6)   If an employee or employee’s spouse, public official or public official’s spouse has been offered or promised a job, gift or business investment, a conflict of interest exists.

(Ord. 684; Code 2003)

Inappropriate Conduct.

(a)   No city employee shall accept private employment elsewhere when that employment interferes with the proper discharge of official duties or interferes with independent judgment.

(b)   No city employee or public official shall use any influence derived from being an employee on behalf of any person, business or other entity before any city agency, board, commission, council or municipal court.

(c)   No city employee or public official shall request or allow unauthorized and/or personal use of city-owned vehicles, equipment, materials, or property for personal profit.

(d)   No city employee or public official shall grant any special consideration, treatment, or advantage to any citizen beyond that which is available to every other citizen.

(e)   It is not considered to be a violation of the code of ethics if an official or employee has a contract with a person or business of less than five-hundred dollars ($500) or has a loan from a financial institution, or has a commercial retail sales contract, even if the value is over five-hundred dollars ($500).

(f)   No city employee or public official shall disclose or reveal any information or discussion which occurs or is disseminated during an executive session permitted to be conducted by the Kansas Open Meetings Act. No city employee or public official shall disclose or reveal any information that may be withheld pursuant to the Kansas Open Records Act unless such disclosure had been approved by the city attorney and authorized by the mayor or the mayor’s designee.

(Ord. 684; Code 2003)

(a)   Employees and public officials may not participate in open bidding for contracts or services if they have any knowledge of the process, specifications, budget, engineer’s estimates, special requirements or priorities that has not been made available to all interested parties.

(b)   No employee or public official shall, in the capacity of such position, make or participate in the making of a contract with any person or business by which the employee or public official is employed by or is under contract to, or in whose business the employee or public official has a substantial interest.

(c)   No person or business shall enter into any contract where any city employee or official, acting in that capacity, is a signatory to or a participant in the making of the contract and is employed by or has a substantial interest in the person or business.

(d)   A city employee or official shall not make or participate in the making of a contract if the employee or official abstains from any action in regard to the contract.

(e)   Any city employee intending to participate in a bidding process, whether original contractor, sub-contractor or supplier, must first obtain written permission from the employee’s department head.

(f)   This section shall not apply to the following:

(1)   Contracts let after competitive bidding has been advertised for any published notice unless the employee or official has specific knowledge of the process, specifications, budget, engineer’s estimates, special requirements or priorities not available to other bidders;

(2)   Contracts for property or services for which the price or rate is fixed by law.

(Ord. 684; Code 2003)

If an employee or official has a substantial interest in a not-for-profit organization which is exempt from federal taxation under section 501(c) (3), (4), (6), (7), (8), (10) or (19) of chapter 26 of the United States Code by virtue of holding the position of officer, director, associate, partner or proprietor, the employee or official must disclose this interest if he/she intends to participate in any matter between the city and the organization. This disclosure must be filed with the city clerk before the employee or official act on the matter.

(Ord. 684, Sec. C)

It shall be a breach of ethical standards for any former employee or official to participate in negotiations, proceedings or open bidding for contracts or services if the former employee or official has any knowledge of the process, specifications, budget, engineer’s estimates, special requirements or priorities if that knowledge was derived specifically from said employment or official duties and has not been made available to all interested parties.

(Ord. 684, Sec. D.1)

It shall be a breach of ethical standards for any employee or official to engage in selling or attempting to sell supplies, services, or construction to the city during their employment or term except through open, competitive bidding and the employee or official has no special knowledge of the process, specifications, budget, engineer’s estimates, special requirements or priorities that has not been made available to all interested parties.

The term “sell” as used herein means signing a bid, proposal, or contact; or negotiating a contract; contracting any employee for the purpose of obtaining, negotiating or discussing changes in specifications, price, cost allowances or other terms of a contract; settling disputes concerning performance of a contract; or any other liaison activity with a view toward the ultimate consumption of a sale although the actual contract therefore is subsequently negotiated by another person; provided, however, that this section is not intended to preclude a former employee or official from accepting employment with private industry solely because the former employee’s or official’s employer is a contractor with the city, nor shall a former employee or official be precluded from serving as a consultant to the city.

This section shall not apply if the former employee or official, before engaging in or attempting to sell, makes a full disclosure to the governing body of the former position and the governing body determines that it is in the best interest of the city to permit the former employee or official to sell or attempt to sell such supplies, services, or construction.

Violations shall be an administrative matter. For violations of the provisions of sections 1-110 and 1-111 the employee shall be terminated. An official who violates said section 1-110 and 1-111 shall be subject to recall or removal from office pursuant to state law. Violations of any section other than section 1-110 or 1-111 may constitute a cause for suspension, termination or other disciplinary action. Violations of any provision may constitute cause to cancel any contract, cease negotiations on any contract and rescind or modify any previous action based on such violations.

(Ord. 684; Code 2003)

The city clerk or any other officer or employee having custody of city records and documents shall maintain such records and documents in accordance with K.S.A. 12-120 and K.S.A. 12-121 inclusive, which is incorporated by reference herein as if set out in full.

(K.S.A. 12-120; 12-121; Code 1984)

It shall be unlawful for any person, firm, company, corporation or other entity to change, amend by additions or deletions any part or portion of this code, or to insert or delete pages or portions thereof, or to alter or tamper with such code in any manner whatsoever which will cause the law of the city to be misrepresented thereby. This restriction shall not apply to amendments or revisions of this code authorized by ordinance duly adopted by the governing body.

(Code 1984)

Any person convicted of doing 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 Chapter shall be deemed guilty of a misdemeanor and punished in accordance with section 1-121. Each day any violation of this code continues shall constitute a separate offense.

(Code 1984)

Whenever any offense is declared by any provision of this code, absent a specific or unique punishment prescribed, the offender shall be punished in accordance with this section.

(a)   A fine of not less than fifty dollars ($50) or more than one-thousand dollars ($1,000); or,

(b)   Imprisonment for not more than one hundred eighty (180) days; or

(c)   Both such fine and imprisonment not to exceed (a) and (b) above.

(Code 1984; Code 2003)

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 or unenforceable such decision shall not affect the validity of the remaining portions of this code.

(Code 1984)

The Governing Body of the City shall designate by resolution from time to time an official city newspaper that meets one of the qualifications set forth below. Once designated the publication method shall be the official city newspaper until such time as the governing body designates a different official city newspaper by resolution.

(a)   The newspaper selected as the official city newspaper may be a printed newspaper which has the following qualifications: (i) It must be published at least weekly 50 times each year and have been so published for at least one year prior to the publication of any official city publication; (ii) It must be entered at the post office of publication as second class mail matter; (iii) More than 50% of the circulation must be sold to the subscribers either on a daily, weekly, monthly or yearly basis; and (iv) It shall have general paid circulation on a daily, weekly, monthly or yearly basis in the county and shall not be a trade, religious or fraternal publication; or

(b)   In the alternative, the official city newspaper may be a designated website which has the following qualifications: (i) It must be a public facing website available to website users at all times, except during website maintenance as reasonably determined necessary by the City Administrator; (ii) The website must be the easily accessible from the City's website home page (https://www.haysville-ks.com); (iii) It must be available to website users free of charge; and (iv) All current notices and unrepealed ordinances uploaded to the website for publication shall be uploaded in their entirety during any period they are in effect.

(C.O. No. 29)