The mayor shall appoint, by and with the consent of the council the following city officers: municipal court judge, chief of police, city clerk, deputy city clerk, city treasurer, city attorney, public health officer, fire chief, and such other officers as they may deem necessary. All officers so appointed shall hold their offices for an indefinite term.  The mayor shall have all authority to hire all other employees, or such authority may be delegated to the respective committee heads.  All officers, assistants and employees, other than those above named, shall hold their positions at the pleasure of the governing body and may be suspended or discharged at any time.  The officers specifically named in the section may be removed by the governing body for cause at any time.  In case of a vacancy, an appointment shall be made to fill such vacancy, and such appointee shall serve for the remainder of the term for which such appointee’s predecessor was appointed.

(Ord. 1295; Ord. 1423; K.S.A. 15-204; C.O. No. 12; Code 2017)

(a)   Required.  The minimum following city officers shall each, before entering upon the duties of his or her office, give a good and sufficient corporate surety bond to the city.  The bond shall be in the minimum following amount, to wit:

(1)   City treasurer - $50,000

(2)   City clerk - $50,000

(3)   Mayor - $50,000

(4)   The governing body may provide for the coverage by blanket bond of such officers and employees and in such amounts as the governing body may designate.

(b)   Condition of bonds.  Each of the bonds required of city officers shall be conditioned for the faithful performance of duty and all acts required by the laws of the state and of the city, and for the application and payment over to the proper persons of all monies or property coming into the hands of each such officer by virtue of his office.  The cost of the surety bond shall be borne by the city.

(c)   Approval of bonds.  All bonds given to the city shall be approved as to their form by the city attorney and as to surety and sufficiency by the governing body, unless otherwise provided by the laws of the state.

(K.S.A. 78-111 et seq.; Ord. 1423, Code 2017)

All officers and employees of the city, whether elected or appointed, either under the laws of the State of Kansas or ordinances of the City of La Cygne, 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) 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 or position.) So help me God.”

Upon taking and subscribing or signing any such oath or affirmation, the same shall be filed by the city clerk.

(Ord. 1423; Code 2017)

(a)   Declaration of policy.  The proper operation of 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 interest 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 state constitution and to carry out impartially the laws of the nations, 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 doing so by law or by officially recognized confidentiality of their work.

(d)   Fair and equal treatment.

(1)   Interest in appointments.  Canvassing of members of the governing body, 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 governing body.

(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 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· duties in the public interest or would tend to impair his independence of judgment or action in the perfo1mance of his 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 in the following subsections for the guidance of officials and employees:

(1)   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 public official or employee in making of any contract with any person or business:

(A)  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

(B)  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

(C)  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.

(K.S.A. 75-4301 et seq.; Ord. 1295; Ord. 1423, Ord. 1431; Code 2017)

(a)   Office established.  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 state supreme court.

(b)   Duties.  The city attorney shall be charged with the general direction and supervision of the legal affairs of the city.  The city attorney shall:

(1)   Attend meetings of the city council as requested by said council;

(2)   Advise the city council and all officers of the city upon such legal questions affecting the city and its offices as may be submitted to him/her;

(3)   When requested by the city council, give opinions in writing upon any such questions;

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

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

(6)   Attend such committee and commission meetings as may be requested;

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

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

(Ord. 1423, Code 2017)

The governing body is authorized to employ or contract with other counsel to represent the city in cases involving conflict of interest or services above specifically excluded from the duties of the city attorney.  The governing body also is authorized to employ additional counsel to assist the city attorney in any matters wherein such governing body deems such assistance appropriate and advisable, and to pay reasonable fees and expenses in connection therewith.

(Ord. 1423, Code 2017)

The duties of the chief of police shall be as provided in the job description for such position.

(Ord. 1423, Code 2017)

The city clerk shall perform such duties as may be prescribed by the job description or state law.

(Ord. 1423, Code 2017)

The city treasurer shall perform such duties as may be prescribed by the job description or state law.

The deputy city clerk shall perform those duties as may be prescribed by the job description, or state law, and as assigned to that office by the city clerk.  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 assistant city clerk shall become the acting city clerk and fulfill the duties of that office.

(Ord. 1295)