CHAPTER I. ADMINISTRATIONCHAPTER I. ADMINISTRATION\ARTICLE 3. OFFICERS AND EMPLOYEES

At the first regular meeting in February of each year the mayor, by and with the consent of the council, shall appoint a city treasurer, city attorney, municipal judge, and such other officers as may be deemed necessary for the best interest of the city. All such appointments shall be entered on the journal of proceedings of the council. The duties and salaries of all appointed officers shall be fixed by ordinance.

(Ord. 1074, Sec. 1; Code 2005; C.O. No. 21, Sec. 2; Code 2011; Ord. 1364)

The officers appointed to the city shall be qualified electors of the city except the city may appoint non-residents as City Attorney, Municipal Judge, City Clerk, and as law enforcement officers when deemed necessary, including the appointment of non-residents who also serve as City Attorney, Municipal Judge, or law enforcement officers of another municipality or public agency.  Provided, that nothing herein shall authorize the appointment of a non-resident of this state to any city office.  The City Attorney shall be a qualified elector of Douglas County or of any other County that adjoins Douglas County.  The removal of any officer pursuant to this ordinance shall occasion a vacancy in such office.  All vacancies in office may be filled by the governing body for the remainder of the regular appointment term.  Every appointment to office, and the date thereof, shall be entered on the journal of proceedings of the Baldwin City Council.

(C.O. No. 13, Sec. 2; Code 2005; C.O. No. 21, Sec. 4; Code 2011)

(a)      Keep a full and accurate record;

(b)     Publish an annual financial statement;

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

(d)     Pay out the funds of the city upon warrant and checks 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.

(Ord. 1074, Sec. 1; Code 2005)

(a)      Attend meetings of the city council 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)      Perform such other duties as may be prescribed by the governing body and the Kansas statutes;

(g)      Prosecute municipal violations before the municipal court or the district court of Douglas County and represent the city in all suits or proceedings in which the city may have an interest before any other court;

(h)     Be an attorney at law admitted to practice in the Supreme Court of the State of Kansas.

(Ord. 1074, Sec. 1; Code 2005)

The municipal court judge shall have such powers and duties as set forth in the Kansas code of procedure for municipal courts (K.S.A. 12-4101 et seq.) and all acts amendatory or supplemental thereto.

(Code 2005)

The City Administrator shall be responsible for administration of all affairs of the city. Commensurate with that responsibility, the City Administrator shall:

(a)      Have authority to appoint department heads; hire and terminate all other city employees other than the City Administrator; and delegate authority and functions to the respective department heads and city employees.

(b)     Have and exercise management and supervision over city functions and processes.

(c)      Be under the supervision and control of the mayor and city council, and perform such duties for and on behalf of the city as authorized and directed by the mayor and city council.

(d)     Recommend to the mayor and city council projects for the improvement of city processes under his or her control.

(e)      Be responsible for the preparation of the annual budget for the city.

(f)      Discharge and/or delegate to other city employees such other duties of the City Administrator as the governing body shall dictate by ordinance or resolution and may change or modify such duties by resolution at any time it deems such action advisable.

(Ord. 1074, Sec. 1 Code 2005; Ord. 1309)

(a)      Be under the supervision and control of the city administrator, and perform such duties for and on behalf of the city as authorized by the council and directed by the city administrator.

(b)     Recommend to the city administrator projects for the improvement of city processes under his or her control.

(c)      Assist the city administrator in the preparation of the annual budget for the city.

(d)     Coordinate projects with other department heads as needed and directed.

(e)      Perform such other duties as detailed in the job description for the city clerk; as the city administrator shall direct; and as may be prescribed by the governing body and/or state law.

(Ord. 1074, Sec. 1; Code 2005; Ord. 1364)

(a)      Be under the supervision and control of the city administrator, and he or she shall perform such duties for and on behalf of the city as authorized by the council and directed by the city administrator.

(b)     Be responsible for the supervision of his or her subordinate employees in the efficient discharge of their duties.

(c)      Coordinate law enforcement efforts with other law enforcement agencies.

(d)     Prepare, with the assistance of the city administrator, the annual budget for police functions.

(e)      Enforces all federal, state, and local laws and ordinances.

(f)      Have and exercise management and supervision over all the city’s police functions.

(Ord. 1074, Sec. 1; Code 2005)

(a)      Be under the supervision and control of the city administrator, and he or she shall perform such duties for and on behalf of the city as authorized by the council and directed by the city administrator.

(b)     Be responsible for the recruitment, supervision, training and discipline of subordinate personnel, including volunteers.

(c)      Coordinate fire protection and suppression efforts with other fire departments in order to protect lives and property.

(d)     Prepare, with the assistance of the city administrator, the annual budget for fire department functions.

(e)      Maintain superintendency and control over and be responsible for the care and condition of the department*s fire apparatus and equipment, ensuring that all such apparatus and equipment is ready for use at all times.

(f)      Serve as local Fire Marshal or Inspector.

(g)      Have and exercise management and supervision over all the city’s fire protection and suppression functions.

(Ord. 1209, Sec. 2; Code 2008)

(Code 2005; Ord. 1364)

(Code 2005; Ord. 1364)

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

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

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

(Code 2005; C.O. No. 21, Sec. 3)

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

(Ord. 1074, Sec. 1; Code 2005)

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.

(Ord. 1074, Sec. 1; Code 2005)

(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)      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.

(f)      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.

(g)      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 non-pecuniary 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.

(h)     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.

(Ord. 1074, Sec. 1; Code 2005)

To the end of promoting good and sound public service, the Governing Body hereby adopts additions to the Code of Ethics as set out in 1-315 of the Code of the City of Baldwin City, Kansas for members of the Governing Body, all City Staff, and all members of the City’s boards and commissions in order to assure public confidence in the integrity of local government and its effective and fair operation.

(a)      Conduct of City Officials - The professional and personal conduct of all elected or appointed city officials must be above reproach and avoid even the appearance of impropriety. City officials shall refrain from abusive conduct, personal charges or verbal attacks upon the character or motives of other members of the Governing Body, boards, committees, commissions, city department heads, city staff, and the general public.

(b)     Conduct of Public Meetings - City officials shall prepare themselves for public issues, shall listen courteously and attentively to all public discussions before them, and shall focus on the business at hand. City officials shall refrain from interrupting other speakers, making personal comments not germane to the business at hand, or otherwise interfering with the orderly conduct of public meetings.

(c)      Decisions Based on Merit - City officials shall base their decisions on the merits and substance of the matter at hand, rather than on unrelated considerations.

(d)     Communication - City officials shall publicly share substantive information that is relevant to a matter under consideration by the Governing Body, board, committee, or commissions, which they may have received from sources outside of the public decision-making process.

(e)      Advocacy - City officials shall represent the official policies or positions of the Governing Body, board, committee or commission to the best of their ability when designated as delegates for this purpose. When presenting their individual opinions and positions, members shall explicitly state they do not represent their public body or the City of Baldwin City, nor will they allow the inference that they do.

(f)      Policy Role of City Officials - City officials shall respect and adhere to the organizational structure of Baldwin City government as outlined in the Code of Ordinances for the City of Baldwin City, Kansas. In this structure, the Governing Body determines the policies of the City with the advice, information, and analysis provided by the public, boards, commissions, appointed committees, the City Administrator, and city staff.

(g)      Independence of Boards and Commissions - Because of the value of the independent advice of boards and commissions to the public decision making process, members of the Governing Body shall refrain from using their position to unduly influence the deliberations or outcomes of board and commission proceedings.

(h)     Positive Work Place Environment - City officials shall support the maintenance of a positive and constructive work place environment for city employees and for citizens and businesses dealing with the city. City officials shall recognize their special role -in dealings with city employees to in no way create the perception of inappropriate direction to staff Members of the Governing Body will not interfere, direct, or countermand the authority of the City Administrator or department heads.

(i)      Implementation - As an expression of the standards of conduct for members expected by the city, the Baldwin City Code of Ethics is intended to be self-enforcing. It therefore becomes most effective when members are thoroughly familiar with it and embrace its provisions. For this reason, ethical standards shall be included in the regular orientations for newly elected or appointed members of the Governing Body, boards, committees, or commissions, City Administrators or department heads.

(j)      Compliance and Enforcement - The Baldwin City Code of Ethics for public officials expresses standards of ethical conduct expected for members of the City of Baldwin City Governing Body, boards, committees, and commissions. Members themselves have the primary responsibility to assure that ethical standards are understood and met, and that the public can continue to have full confidence in the integrity of local government.

(1)          The Mayor and the chairs of the various boards, committees, and commissions have the additional responsibility to intervene when actions of members that appear to be in violation of the Code of Ethics and Conduct are brought to their attention.

(2)          The Governing Body may impose sanctions on members or appointees whose conduct does not comply with the city*s ethical standards, such as reprimand (both public and private), formal censure by the Governing Body, or loss of appointment/assignment. The Governing Body may also remove members of boards, committees, or commissions from office.

(3)          A violation of this Code of Ethics shall not be considered a basis for challenging the validity of a Governing Body, board, committee, or commission decision.

(Ord. 1164; Code 2006)

(a)      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.

(b)     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.

(c)      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.

(Ord. 1074, Sec. 1; Code 2005)