CHAPTER I. ADMINISTRATIONCHAPTER I. ADMINISTRATION\ARTICLE 2. GOVERNING BODY

The governing body of the City of Solomon shall consist of five councilmen and a mayor to be elected as set out in chapter 6 of this code. The governing body may be referred to in this code as the council, city council, or governing body.

(Code 1960, 1-208; C.O. No. 15; Code 2016)

All powers exercised by cities of the third 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 2007)

(a)   Regular meetings of the governing body shall be held on the first Monday of each month. Meetings will be held at 6:30 p.m. in the city office building. When such meeting day shall be on a legal holiday (or any other day observed as a holiday by city employees) or the day before Christmas, the governing body shall by a duly passed motion, fix an alternate date for such meeting. In addition, a regular meeting of the governing body shall be held at 6:30 p.m. on the second Monday of January in each even-numbered year, beginning with 2018, for the purpose of allowing newly elected city governing body members to take office, and for the conduct of such other business as the governing body may desire.

(b)   Special meetings may be called by the mayor or acting mayor upon the written request of three or more members of the city council, specifying the object and purpose of such meeting. The call shall state the time and place of the special meeting; shall be read at the meeting and entered at length on the minute book. Only the business specified in the call shall be considered at the special meeting.

(c)   Adjourned meeting. Any regular or special meeting of the city council may be adjourned for the completion of its business at such subsequent time as the council may determine in the motion to adjourn.

(K.S.A. 15-106; Ord. 430, Sec. 1; Ord. 559, Sec. 1; Code 2007; K.S.A. 25-2120; Code 2016)

A majority of the councilmen elected shall constitute a quorum to conduct official business. A smaller number may adjourn from day to day, and may compel the attendance of absentees by attachment issued in the name of the city and directed to the chief of police commanding him to arrest such absentees and bring them forthwith before the council. The council may fine such absentees not exceeding $10.00 for each offense, unless a reasonable excuse be offered.

(K.S.A. 14-111; Code 1960, 1-207; Code 1991, 1-109)

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. 15-301:301, 305:306, 308:309; Code 2007)

The city council shall elect one of its own body as president of the council. The president of the council shall preside at all meetings of the council in the absence of the mayor. In the absence of both the mayor and the president of the council, the council shall elect one of its members as “acting president of the council.” The president and acting president, when occupying the place of mayor, shall have the same privileges as other councilmembers but shall exercise no veto.

(K.S.A. 15-301:311; Code 2007)

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 2007)

(a)   In case of vacancy in the office of mayor, the president of the council shall become mayor until the next regular city election and a vacancy shall occur in the office of councilman becoming mayor.

(b)   In case of vacancy in the office of councilman, the mayor, with consent of the council shall appoint a suitable elector of the ward where the vacancy occurs until the next general election.

(C.O. No. 3; Code 1991, 1-203; K.S.A. 12-104a; C.O. No. 15; Code 2016)

Members of the governing body shall receive as compensation such amounts as may be fixed by ordinance.

(Code 1982; Code 1991, 1-206)

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 city council.

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

(Code 2007)

There is hereby incorporated by reference for the purpose of regulating public meetings of the governing body of the City of Solomon, Kansas, which certain code known as the CODE OF PROCEDURE FOR KANSAS CITIES, 2nd Edition, prepared and published in book form by the League of Kansas Municipalities, Topeka, Kansas. One official copy of said CODE OF PROCEDURE FOR KANSAS CITIES shall be marked or stamped “Official Copy as Adopted by Ordinance No. 701,” and to which shall be attached a copy of this ordinance, and filed with the city clerk to be open to inspection and available to the public at all reasonable hours.

(Code 2007; Ord. 701; Code 2016)

(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 2007)