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Chapter 1 CHAPTER I. ADMINISTRATION

 

                                                Article 1.          General Provisions

                                                Article 2.          Governing Body

                                                Article 3.          Elections

                                                Article 4.          Officers and Employees

                                                Article 5.          Oaths and Bonds

                                                Article 6.          Personnel Regulations and Employee Benefits

                                                Article 7.          Investment of Idle Funds

                                                Article 8.          Open Records

 

___________________

 

ARTICLE 1. GENERAL PROVISIONS

 

1-101.                          CODE DESIGNATED. The chapters, articles and sections herein shall constitute and be designated as "The Code of the City of Hugoton, Kansas," and may be so cited. The Code may also be cited as the "Hugoton City Code." (Code 2011)

 

                       1-102.                          DEFINITIONS AND RULES OF CONSTRUCTION. In the construction of this code and of all ordinances of the city, the following definitions and rules of construction shall be observed, unless they are inconsistent with the manifest intent of the governing body or the context clearly requires otherwise:

                                                              (a)        City. The words "the city" shall mean the City of Hugoton, Stevens 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 Sunday, that day shall be excluded.

                                                              (c)        County. The words "the county" mean the County of Stevens in the State of Kansas.

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

                                                              (e)        May. The word "may" permits discretion to act.

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

                                                              (g)       Oath. The word "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."

                                                              (h)        Or, And. The word "or" may be read as "and," and the word "and" as "or," where the sense requires it.

                                                              (i)        Owner. The word "owner" applied to 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 building or land.

                                                              (j)         Permit. The word "permit" means to permit, suffer, establish or maintain.

                                                              (k)       Person. The word "person" includes an individual, a firm, partnership, association of persons, corporation, organization or any other group acting as a unit.

                                                              (l)         Personal Property. The words "personal property" include every species of property, except real property.

                                                              (m)       Pr eceding, Following. The words "preceding" and "following" mean next before and next after, respectively.

                                                              (n)        Real Property. The words "real property" include lands, tenements and hereditaments.

                                                              (o)        Shall. The word "shall" makes action mandatory.

                                                              (p)        Sidewalk. The word "sidewalk" means any portion of a street right-of-way intended for the use of pedestrians.

                                                              (q)        Street. The word "street" means and includes public streets, avenues, boulevards, highways, roads, alleys, lanes, viaducts, bridges and the approaches thereto, and all other public thoroughfares within the city.

                                                              (r)       Tenant, Occupant. The words "tenant" and "occupant" applied to a building or land, mean any person who occupies the whole or a part of such building or land, whether alone or with others.

                                                              (s)        Tense. Words used in the past or present tense include the future as well as the past and present.

                                                              (t)        Writing, Written. The words "writing" and "written" include typewriting, printing on paper or any other mode of representing words and letters.

                                                              (u)        Year. The word "year" shall mean a calendar year.  (Code 1983)

 

                        1-103.                          PARENTHETICAL AND REFERENCE MATTER. The matter in parentheses at the end of sections is not a part of the code but is designed to show the source and legislative history and the text may or may not be changed by this code. Reference matter not in parentheses is for information only and is not a part of this code. (Code 1983)

 

                        1-104.                          CATCHLINES OR HEADINGS OF SECTIONS. The catchlines or headings of the sections of this code are intended as mere catch 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 1983)

 

                        1-105.                          SECTION NUMBERS. The number preceding the catchline or heading of a section is for the purpose of indexing, citing, amending and repealing. The figure preceding the hyphen indicates the chapter number. The digit or digits immediately following the hyphen indicates the article number and the following digit or digits indicate the section number of the article. Thus, 13-116, means chapter 13, article 1, section 16. The entire number, e.g. 13-116, is a section number of this code and is to be cited as "Section 13-116 of The Code of the City of Hugoton, Kansas." (Code 1986)

 

                        1-106.                          AMENDMENTS: REPEAL. Any portion of this code may be amended by specific reference to the section number as follows: "That section ______ of the code of the City of Hugoton is hereby amended to read as follows: (the new provision shall then be set out in full)..." A new section not heretofore existing in the code may be added as follows: "That the code of the City of Hugoton 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 Hugoton is hereby repealed." (Code 1983)

 

                        1-107.                          ORDINANCES. The ordaining clause of all ordinances shall be: "Be it ordained by the governing body of the City of Hugoton." All ordinances shall be considered at a public meeting of the governing body at which time amendments may be made to any section or sections upon motion duly made and carried. The vote on final passage of the ordinance shall be taken by "yes's" and "no's" which shall be entered on the journal of proceedings of the governing body by the city clerk. No ordinance shall be passed unless a majority of all the members of the governing body elect shall vote in favor thereof. Except, where the number of favorable votes is one less than required, the mayor shall have power to cast the deciding vote in favor of the ordinance. (K.S.A. 12-3002; Code 1983; Code 2011)

 

                        1-108.                          SAME; PUBLICATION. 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 brackets stating the month, day and year of such publication. (K.S.A. 12-3007; Code 1971)

 

                       1-109.                          SAME; ORDINANCE BOOK. 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 1971)

 

                        1-110.                          RESOLUTIONS, MOTIONS. Except where a state statute or city ordinance specifically requires otherwise, all resolutions and motions shall be passed if voted upon favorably by a majority of a quorum of the council. (Code 1983)

 

                        1-111.                          EMERGENCY GOVERNMENT. 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 1983)

 

                        1-112.                          CONFLICT OF INTEREST. (a) No city officer or employee shall be a 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:


                                                               In which said officer or employee owns a legal or equitable interest exceeding five thousand dollars or five percent, whichever is less, individually or collectively with his or her spouse; or

                                                              From which said officer or employee receives, in the current or immediately preceding or succeeding calendar year, any salary, gratuity, other compensation or a contract for a promise or expectation of any such salary, gratuity or other compensation or remuneration having a dollar value of one thousand dollars or more; or

                                                              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 said business.

                                                              (b) The prohibitions contained in subsection (a) of this section shall not apply to the following:

                                                              Contracts let after competitive bidding has been solicited by published notice; and

                                                              Contracts for property or services for which the price or rate is fixed by law. (K.S.A. 75-4301; Code 1983)

 

                        1-113.                          SEVERABILITY. 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 such decision shall not affect the validity of any remaining chapter, article, section, subsection, sentence, clause or phrase of this code. (Code 1983)

 

                        1-114.                          SCOPE OF APPLICATION. (a) The doing of 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 code, within the jurisdictional limits of the city shall be deemed an offense against the good order, public peace, morals, health, proper government and welfare of the City.

                                                               Any person convicted of violating subsection (a) of this section shall be deemed guilty of a misdemeanor and punished as provided in section 1-115 of this article.

                                                              Each day any violation of this code continues shall constitute a separate offense. (Code 1983)

 

                        1-115.                          PENALTY. Whenever any offense is declared by any provision of this code, absent a specific or unique punishment prescribed, the offender shall be punished as provided in this section:

                                                              (a) Fined not less than $10 nor more than $2,500; or

                                                              (b) Imprisonment in the city jail for not more than 180 days; or

                                                              Both fined and imprisoned not to exceed subsections (a) and (b) of this section. (Code 1991)

 

ARTICLE 2. GOVERNING BODY

 

                        1-201.                          GOVERNING BODY DEFINED. The term "governing body" as used in this code shall be defined to include the mayor and members of the council of the City of Hugoton. (Code 1971)

 

                        1-202.                          QUALIFICATIONS TO SERVE.  Governing body members must be qualified electors of the City of Hugoton. (Code 2011)

 

                        1-203.                          POWERS GENERALLY. (a) All powers conferred upon cities of the second class by the laws of the state of Kansas shall be exercised by the governing body subject to such limitations as may be prescribed by law. All executive and administrative authority granted or limited by law shall be vested in the mayor-council of the City of Hugoton as the governing body of the city.

                                                              (b) The governing body shall have the care, management and control of the city and its finances, and shall have power to enact, ordain, alter, modify or repeal any and all ordinances not repugnant to the constitution and laws of the State of Kansas and such as it shall deem expedient for the good government of the city, the preservation of peace and good order, the suppression of vice and immorality, the benefit of trade and commerce, the health of inhabitants thereof and such other ordinances, rules and regulations as may be necessary to carry such power into effect. (Code 1971)

 

                        1-204.                          REGULAR MEETINGS OF COUNCIL. The governing body shall have regular meetings on the first Monday after the fourth day of each month at the hour of 5:15 p.m., and shall convene in the council chamber in the city hail. When a day fixed for a regular meeting shall fall on a legal holiday, the regular meeting of the governing body shall convene on the succeeding secular or business day at the appointed hour. (K.S.A. 14-111; Code 1971; Code 2011)

 

                        1-205.                          SPECIAL MEETINGS. Special meetings of the governing body may be called by the mayor (or president of the council in the absence of the mayor from the city) on the written request of any three (3) members of the governing body specifying the object and purpose of such meeting. The request shall be read at the meeting and entered at length on the journal by the city clerk. The call of the mayor for any such special meeting shall be endorsed upon the written request and shall specify the time and place of such meeting, and shall be filed with the city clerk. Thereupon, the city clerk shall give notice of such meeting to each member of the governing body. (K.S.A. 14-111; Code 1971)

 

                        1-206.                          ADJOURNED MEETING; TIME AND PLACE. Any regular or special meeting of the governing body may be adjourned for the completion of its business at such subsequent time and place as the governing body may determine in the motion to adjourn. (Code 1971)

 

                        1-207.                          QUORUM; ATTENDANCE OF MEMBERS. At all meetings of the governing body, a majority of the councilmen-elect shall constitute a quorum to do business, but any less number may adjourn from day to day and compel the attendance of absent members of the governing body by attachment issued in the name of the city and directed to the chief of police demanding him to arrest such absent members and bring them before the governing body. (Code 1971)

 

                        1-208.                          PRESIDING OFFICER: MAYOR. The mayor shall preside at all meetings of the governing body and shall have a casting vote when the governing body is equally divided and none other. Except, where the number of favorable votes is one less than required for the passage of an ordinance, the mayor shall have power to cast the deciding vote in favor of the ordinance. (K.S.A. 14-301; Code 1971; Code 2011)

 

                        1-209.                          MAYOR; ADDITIONAL DUTIES.  The mayor may from time to time make recommendations to the city council on ways to improve the operation of the city; require city officials to make reports to the governing body; and assure that all laws and ordinances of the city are being enforced. (K.S.A. 14-305:309; Code 2011)

 

                        1-210.                          SAME; ABSENCE OF MAYOR. In the absence of the mayor, the president of the council shall preside at meetings of the governing body. In the absence of both the mayor and president of the council, the governing body shall elect one of its members to preside who shall be styled "Acting President of the Council." The president of the council and acting president, when occupying the place of the mayor as presiding officer shall have the same privileges as other members of the council. (K.S.A. 14-204; Code 1971)

 

                        1-211.                          PRESIDENT OF COUNCIL. The governing body shall, at its first regular meeting in the month of May following any city election, elect one of its members as "President of the Council." When any vacancy shall happen in the office of the mayor, the president of the council for the time being shall exercise the office of mayor with all the rights, privileges and jurisdiction of the mayor, until such vacancy be filled at the next city election or until such disability be removed, or in the case of temporary absence, until the mayor shall return. (K.S.A. 14-204; Code 1971)

 

                        1-212.                          COUNCIL COMMITTEES. Standing committees of the governing body shall consist of not more than two members each to be appointed by the mayor by and with the consent of the governing body at the first regular meeting of the governing body in the month of May following the city election. The member first appointed shall be the chairperson of the committee. Special committees of the governing body may be appointed from time to time by motion duly made and carried for the purpose. The following standing committees may be appointed:

                                                              (a) Street and Alley;

                                                              (b) Utility and Sanitation;

                                                              (c) Park.  (Code 1971)

 

                        1-213.                          ADMINISTRATIVE POWERS. It shall be the duty of each committee to act promptly and faithfully in all matters referred to it and to make a report thereof at the next meeting of the governing body. The governing body may designate whether the administration of a policy or the carrying out of any order of the governing body shall be performed by a council committee, an appointive officer of the city or the mayor. If no administrative authority is designated by ordinance or other action of the governing body, the authority shall be exercised by the mayor as provided bylaw. (Code 1971)

 

                        1-214.                          ORDINANCES: APPROVAL; VETO. An enrolled copy of the ordinance as passed by the governing body shall be submitted to the mayor for his or her approval. If he or she approves it, he or she shall affix his or her signature thereto which shall be attested by the city clerk over his or her signature and title under the seal of the city. If the mayor shall not approve any ordinance passed by the governing body, he or she shall return the same with his or her objections in writing to the governing body at the next regular meeting thereof. Any ordinance so objected to and returned to the governing body may be passed over the veto of the mayor at such meeting by the affirmative vote of two-thirds of the council-elect and taken on roll call by "yes's" and "no's" on motion offered by any member of the governing body. Any such ordinance, so passed by the governing body and any ordinance which the mayor shall neglect or refuse to sign, or to return to the council with his or her objections in writing at the succeeding regular meeting of the governing body shall be of full force and effect, without his or her signature upon publication of the same as provided by law. The city clerk shall enter a minute of any such proceeding in the journal and endorse his or her certificate on such ordinance reciting that the ordinance was passed over the veto of the mayor, or by reason of the failure of the mayor to return the same with his or her objections in writing to the council at its succeeding meeting, as the case may be. (K.S.A. 12-3003; Code 1971)

 

                        1-215.                          REMISSION OF FINES; PARDONS. The mayor shall have power to remit fines and forfeitures, and to grant reprieves and pardons for offenses arising under the ordinances of the city by and with the consent of the governing body; but no such fine or forfeiture shall be remitted or pardon granted, except at a legal session of the governing body, nor unless the reasons therefor, together with the order of remission or pardon, be entered on the journal by the city clerk. (K.S.A. 14-310; Code 1971)

 

ARTICLE 3. ELECTIONS; WARDS AND PRECINCTS

 

                        1-301.                          CONDUCT OF ELECTION.  The election of city officials shall be conducted in all respects as provided by the laws of Kansas governing the holding of city elections.  (K.S.A. 25-2101 et seq.; Code 2011)

 

                        1-302.                          HOURS OF VOTING.  At all city elections the polls shall be open at 7:00 a.m. and close at 7:00 p.m., unless different hours are set and publicly announced by the county election officer.  (K.S.A. 25-2111, 26-206; Code 2011)

 

1-303.                          COMMENCEMENT OF TERMS OF OFFICE. The term of office for newly elected city officials shall commence with and include the first regular meeting of the governing body following certification of the election by the county election officer. (K.S.A. 25-2120; Code 2011)

 

                        1-304.                          WARDS. The city is hereby divided into two wards numbered and designated respectively as First Ward and Second Ward. (Code 1971)

 

                        1-305.                          FIRST WARD. The First Ward shall include all that part of the city lying west of Main Street. (Code 1971)

 

                        1-306.                          SECOND WARD. The Second Ward shall include all that part of the city lying east of Main Street. (Code 1971)

 

                        1-307.                          FIRST PRECINCT OF FIRST WARD. The First Precinct of the First Ward shall be all that part of the First Ward lying north of Sixth Street and west of Main Street. (Code 1971)

 

                        1-308.                          SECOND PRECINCT OF FIRST WARD. The Second Precinct of the First Ward shall be all that part of the First Ward lying south of Sixth Street, and west of Main Street. (Code 1971)

 

                        1-309.                          FIRST PRECINCT OF SECOND WARD. The First Precinct of the Second Ward shall be all that part of the Second Ward lying north of Sixth Street, east of Main Street, and west of Madison Street. (Code 1971)

 

                        1-310.                          SECOND PRECINCT OF SECOND WARD. The Second Precinct of the Second Ward shall be all that part of the Second Ward lying south of Sixth Street and east of Main Street, and all that part of the Second Ward lying north of Sixth Street and east of Madison Street. (Code 1971)

 

                        1-311.                          ANNEXATION OF TERRITORY. When any territory is annexed to the city, it shall be considered a part of the ward to which it is annexed. (Code 1971)

 

ARTICLE 4. OFFICERS AND EMPLOYEES

 

                        1-401.                          APPOINTMENT. (a) The mayor, by and with the consent of the council, shall appoint, at the first regular meeting of the governing body in May of each year, the following city officers: city clerk, city treasurer, chief of police, city attorney, judge of the municipal court, city health officer, city inspector, outside utilities supervisor, electric system supervisor, and may appoint policemen and such other officers as they may deem necessary.

                                                              (b) Any officers appointed and confirmed shall hold their offices for a term of one year and until their successors are appointed and qualified or until their duties, powers and responsibilities are transferred to another officer. (K.S.A. 14-201; Code 1986; Code 2011)

 

                        1-402.                          QUALIFICATIONS. All appointed officers shall be qualified electors of the city, except that nonresidents may be appointed as municipal judge, city attorney, and as law enforcement officers when deemed necessary. (Ord. 606)

 

                        1-403.                          CITY CLERK: DUTIES. The city clerk shall:

                                                              (a) Keep his/her office in the city building, which office shall be open at such business hours as may be fixed by the council.

                                                              (b) Attend all meetings of the council; make and keep a record of all proceedings and meetings of the council in the journal of council proceedings. In the absence of the clerk from any meeting, the presiding officer shall appoint a member of the governing body to keep an account of the proceedings and to report the same to the city clerk.

                                                              (c) Carry on all the official correspondence of the city, giving the same prompt attention.

                                                              (d) Have charge of the corporate seal of the city and shall affix the same to the official copy of all ordinances, deeds, contracts and similar documents required to be authenticated. The clerk shall he authorized to administer oaths for all purposes pertaining to the business affairs of the city.

                                                              (e) Be custodian of all the city records, books, papers, contracts, petitions, documents and other personal effects belonging to the city not properly pertaining to any other office and shall keep suitable files and records of the same.

                                                              (f) Receive and audit all claims against the city and shall present them for consideration of the governing body at its regular meetings each month. He/she shall disburse warrants (or warrant checks) only when claims against the city have been approved by the governing body. (Code 2011)

                                                              (g) Report to the governing body at its regular meetings each month the financial condition of the funds of the city.

                                                              (h) Keep a separate account of each fund of the city. No money belonging to one fund shall he placed to the credit of another fund, or be transferred to another fund unless there is lawful authority for the same.

                                                              (i) Assist in preparing the annual city budget and any ordinance for the levying of taxes, and shall certify the same to the county clerk in the form and manner required by law together with a copy of the budget.

                                                              (j) Keep an accurate account of receipts (to the State Treasurer) and disbursements (from the State Treasurer) for all bonds issued by the city. (Code 2011)

                                                              (k) Keep a record of all special assessments made for any purpose and shall certify the assessments to the county clerk for collection and payment in the manner provided by law.

                                                              (l) Act as the withholding agent of the city for the purpose of the federal revenue (income) act as authorized by K.S.A. 75-3042, and shall receive from each officer or employee of the city the withholding certificate required by virtue of the revenue act. He/she shall maintain a suitable record of the sums so withheld from wages and salaries and remit the same at such times and in such form as may be required by regulations. (Code 1983)

                                                              (m) Serve as the Local Freedom of Information Officer and be charged with the duties set forth in section 1-803. (Code 2011)

 

                        1-404.                          CITY TREASURER: DUTIES. The city treasurer shall:

                                                              (a) Keep proper accounts of all moneys received and disbursed by the city clerk from any source and funds in behalf of the city specifying the time of receipt and disbursement, from whom received and to whom disbursed on account of the city. He/she shall give duplicate receipts, causing one of them to be filed with the city clerk, and shall keep a copy thereof in his/her own office. (Code 2011)

                                                              (b) Publish or cause to be published a quarterly financial statement of the city in the manner and style required by K.S.A. 12-1608.

                                                              (c) Pay out funds of the city upon warrants (warrant checks) properly signed by the mayor, the city clerk and countersigned by him/her.  In case a combination warrant cheek is used and such warrant is stamped by a depository bank of the city, the endorsement of the treasurer will not be required. (K.S.A. 9-1403; 12-608; K.S.A. Supp. 9-1401:1402; 10-801:809; Code 1983)

 

                        1-405.                          CITY ATTORNEY: OFFICE AND DUTIES. The office of city attorney is hereby provided and established. The city attorney shall be an attorney admitted to practice by the Supreme Court of the State of Kansas and a resident of Stevens County. (Ord. 606)

 

                        1-406.                          SAME; ATTEND GOVERNING BODY MEETINGS. The city attorney shall attend all meetings of the governing body. He/she shall advise the governing body and all officers of the city upon such legal questions affecting the city and its officers as may be submitted to him. He/she shall, when requested by the governing body, give his/her opinion in writing upon any such question. He/she shall draft such ordinances, contracts, leases, easements, conveyances and other instruments of writing as may be submitted to him/her in the regular transaction of the affairs of the city. He/she shall appear for the city in all cases arising under the city ordinances before the municipal court or the district court of Stevens County when the prosecution of any such case is necessary, and he/she shall, by direction of the governing body, represent the city in all suits or proceedings in which the city may have an interest before any other court, tribunal, board, commission or officer of the State of Kansas before which such suit or proceeding may be had.

                        (Code 1971)

 

                        1-407.                          OUTSIDE UTILITIES SUPERVISOR. There is hereby established the office of outside utilities supervisor. The outside utilities supervisor shall, as the governing body may from time to time order and direct, have management of the waterworks, highways and streets, sewer maintenance and sewage treatment plant, parks and public grounds, refuse collection, and such other departments as may be assigned by the governing body, unless such department(s) be reassigned to another supervisor. (Code 1971; Code 2011)

 

                        1-408.                          ASSISTANT OUTSIDE UTILITIES SUPERVISOR. The assistant outside utilities supervisor shall have the same powers conferred upon the outside utilities supervisor. The assistant supervisor, in the discharge of his/her duty, shall be subject to the order of the outside utilities supervisor. (Code 1971; Code 2011)

 

                        1-409.                          ELECTRIC SYSTEM SUPERVISOR.  There is hereby established the office of electric system supervisor.  The electric system supervisor shall, as the governing body may from time to time order and direct, have management of the electric power plants and transmission and distribution systems and any such other departments as may be assigned by the governing body.  (Code 2011)

 

                        1-410.                          CHIEF OF POLICE.  There is hereby established the office of chief of police.  The chief of police shall, as the goverining body may from time to time order and direct, have management of the police and animal control departments.  (Code 2011)

 

                        1-411.                          SAME; DUTIES. In carrying out the duties of his/her office, the outside utilities supervisor, electric system supervisor and chief of police shall:

                                                              (a) Have supervision over and be responsible for the care and maintenance of all land, buildings, and equipment belonging to the city and used or operated in connection with the departments or functions under his/her jurisdiction.

                                                              (b) Recommend to the governing body projects for the improvement of the departments and functions under his/her jurisdiction, and shall supervise the making of such improvements as may be approved by the governing body.

                                                              (c) Employ such assistants, engineers, mechanics, drivers, laborers and such other persons as may be necessary for the operation of his/her department and shall assign their duties and supervise their work.

                                                              (d) Attend all regular meetings of the governing body. He/she shall keep the governing body informed as to the condition of all properties of the city in his/her charge and the progress of all work of his/her department, and shall from time to time make such reports of the same in writing as may be required by the governing body. (Code 1971; Code 1983; Code 2011)

 

                        1-412.                          JUDGE OF THE MUNICIPAL COURT.  There is herby established the office of judge of the municipal court.  The judge shall preside over municipal court and adjudicate all matters brought before the court.  The municipal judge shall also supervise or serve as the clerk of the court to ensure accurate records are maintained of all proceedings involving the court.  (Code 2011)

 

                        1-413.                          CITY INSPECTOR. The city inspector shall perform the duties of inspector of buildings and construction, plumbing installations, gas installations, electrical wiring, building sewer drains and sewer connections, and such other inspections as are now or may hereafter be required by ordinance. (Code 1971; Code 2011)

 

                        1-414.                          APPOINTIVE OFFICERS: GENERAL DUTIES. The foregoing provisions of this article shall not be construed to limit the duties of the city officers therein named, but shall in every case create and establish a city office to be held and discharged by the officers whose appointment is provided. The governing body may create other city offices as may be required and may abolish any office herein established which shall not have been created by the laws of Kansas for cities of the second class. (K.S.A. 14-201; Code 1971)

 

                        1-415.                          EMPLOYEES: ASSISTANTS. The employment of all city employees and office assistants shall be made under the authority of and subject to the approval of the governing body. (K.S.A. 14-201; Code 1971)

 

ARTICLE 5. OATHS AND BONDS

 

1-501.                          OATHS REQUIRED. All officers and employees of the City of Hugoton, whether elected or appointed, either under the laws of the State of Kansas or ordinances of the city, shall, before entering upon the duties of their respective offices, take and subscribe an oath or affirmation affirmation as specified in K.S.A. 54-106, and amendments thereto.

 (K.S.A. 54-106; 75-4308; Code 1971)

 

                        1-502.                          OATHS FILED. All officers and employees required by section 1-401 of this article to take and subscribe or sign an oath or affirmation shall be supplied the necessary forms for the purpose at the expense of the city and upon taking and subscribing or signing any such oath or affirmation, the same shall be filed with the city clerk. (Code 1971)

 

                        1-503.                          BONDS. All city officers and employees shall be covered by a blanket bond in the amount to be determined by the governing body. (K.S.A. 14-205; Code 1971; Code 1983: Code 2011)

 

                        1-504.                          CONDITION OF BOND. All surety bonds required by any provision of this article shall be conditioned for the faithful performance of the duty and of all acts required by the laws of the State of Kansas and the ordinances of the city, and for the application and payment over to the proper persons of all moneys or property coming into the hands of each such officer or employee by virtue of his/her office or employment. (Code 1971)

 

                        1-505.                          PREMIUMS. The premiums on all surety bonds required by this article shall be paid as a claim against the city. (Code 1971)

 

                        1-506.                          APPROVAL OF BONDS. All bonds given to the city shall be approved as to form by the city attorney, and as to surety and sufficiency by the governing body, unless otherwise provided by the laws of the State of Kansas. (Code 1971)

 

ARTICLE 6. PERSONNEL REGULATIONS AND EMPLOYEE BENEFITS

 

                        1-601.                          CONDITIONS OF EMPLOYMENT. The conditions of employment and reemployment of officers and employees of the city shall be established and fixed by the governing body by resolution. (Code 2011)

 

                        1-602.                          EQUAL EMPLOYMENT OPPORTUNITY. A diverse work force adds quality and perspective to the services the City of Hugoton provides to its citizens. The city will strive to develop and maintain a diverse work force which values and is sensitive to the differences among employees and applicants. It is the ongoing policy and practice of the City of Hugoton to strive for equal opportunity in employment to all employees and applicants.  No person shall be discriminated against in any term, condition, or privilege of employment because of race, creed, color, gender, gender identity, gender variance, sexual orientation, marital status, religion, national origin, ancestry, age, physical disability or mental disability. (Res. 2001-7)

 

                       1-603.                          EMPLOYMENT OF PERSONNEL. (a) General Employment Consideration. The primary consideration in the employment of personnel will be made on the basis of competence and integrity of such persons. Preference will be given to current employees over outside applicants where qualifications are equal for a vacant position.

                                                              (b) Conditions of Eligibility. An applicant for any position with the city:

                                                                        (1) Must be a citizen of the U.S.A., as evidences by proof of birth or naturalization, or possess a proper work VISA, and must live in Stevens County, Kansas; (Code 2011)

                                                                        (2) Must possess physical abilities suited to the requirements of the position for which he or she is an applicant.

                                                                        (3) A person in the immediate family of any employee of the city will not be appointed if another equally qualified person is available. The governing body may waive this policy when clearly in the best interests of the city.

                                                              (c) Rejection of Application. Employment applications may be rejected from any applicant:

                                                                        (1) Whose application clearly indicates on its face that minimum qualifications required are not fulfilled.

                                                                        (2) Whose application is not completely filled out.

                                                                        (3) Whose application is not written on the prescribed form.

                                                                        (4) Who has been convicted of a felony or misdemeanor other than a traffic violation.

                                                                        (5) Whose employment has been terminated from a department of the city.

                                                                        (6) Who has practiced or attempted fraud or deception in any statement of fact.

                                                              (d) Appointments and Assignment to Duty. The responsibility for hiring personnel is with the city clerk, outside utilities supervisor, electric system supervisor and the chief of police, with the approval of the governing body, depending on the department in which the employee works. All appointments as a city employee are made upon merit and fitness. Employees are appointed on a probationary and regular basis, except in the case of temporary and part-time employees. Regular employees receive vacation, sick leave or retirement benefits as set forth later in this chapter. A satisfactory probationary employee will usually be given the opportunity to become a regular employee. Temporary or part-time employees are to be paid on an hourly basis. Consideration of each employee's interests and abilities will be given as much as possible. (Code 2011)

                                                              (e) Medical Examinations and Drug Test. An appropriate physical examination and drug test will be required of all persons entering the service of the city. Should the result of the examination or test be unsatisfactory in any respect, the city may cancel the offer of employment or amend the terms of the offer as it considers necessary. Expense of the medical examination and drug test shall be paid by the city. (Code 2011)

                                                              (f) Re-employment. An employee resigning in good standing from the service of the city, may, upon acceptance of his or her resignation, be re-employed by complying with all requirements of a new employee. For the purposes of computing vacation leave and longevity pay, the reemployed employee shall receive credit for prior years of service upon completion of one year of service. The governing body may waive this policy when clearly in the best interest of the city. (Ord. 669)

                                                              (g) Recruitment Examinations. Appointments to police positions may be based, in part, on the successful completion of a written examination administered by the chief of police. As the need may require, other competitive examinations for city positions may be required and may be introduced by the governing body.

 

                        1-604.                          LENGTH OF SERVICE; PROBATION. (a) The anniversary of the employee's employment shall be used in calculating length of service. An employee employed less than six months time will be classified as a part-time and temporary employee, depending on the assignment of duty. An employee employed steadily for six months or more will be classified as a full-time employee for calculating the employee's length of service.

                                                              (b) The period from the date of employment to the date of regular status (365 days or one year) is known as the employment probationary period for all new employees and/or former employees being rehired. During such probationary period, an employee's employment may be terminated at any time by the city for any reason.

                                                              (c) All such employees, after completion of the first one month of the employment probationary period, shall be entitled to health insurance benefits on the first day of the following month and after completion of the first six months of the employment probationary period, shall be entitled to sick leave benefits. After completion of the balance of the one-year probationary period, such employees will assume the status of regular employee and shall be eligible to participate in all regular employee benefits. (Ord. 543, Sec. 1; Code 2011)

 

                        1-605.                          SALARIES FIXED BY ORDINANCE AND RESOLUTION. (a) The officers and employees of the city shall receive as full compensation for their services sums of money to be determined by resolution, within the minimum and maximum amounts of money, to be paid monthly as set out in subsection (b) of this section.

                                                              (b) The following officers and employees of the City of Hugoton shall receive monthly as full compensation for all services required to be performed for and in behalf of the City the base sum set out in the following specific titles and classifications. Except as otherwise provided, such compensation shall be paid bi-weekly or as the Governing Body may direct by resolution:

 

                                                                                                                    BASE PAY SCHEDULE

 

                                                                                                       MONTHLY                  MONTHLY

                                           POSITION                                           MINIMUM                    MAXIMUM 

                          City Administrator/Clerk/Finance Director,

                          who shall also be ex officio clerk of the

                          city utility system                                                       $3,000                         $8,000

                         Assistant City Clerk                                                     2,000                           5,000

                         Outside Utilities Supervisor                                         3,000                           8,000

                         Assistant Outside Utilities Supervisor                         2,000                           5,000

                         Electric System Supervisor                                         3,000                           8,000

                         Chief of Police                                                             3,000                           5,500

                         City Inspector                                                              2,100                           4,500

                         Golf Course Superintendent                                       1,500                           4,000

                         Mayor                                                                             200                           1,000

                         City Councilmember                                                       100                              500

                         City Attorney                                                               1,500                           3,000

                         City Treasurer                                                                250                              900

                         Municipal Judge                                                             500                           2,000

                         Computer Operator                                                     1,300                           3,650

                         Executive Secretary                                                    1,300                           3,650

                         Secretary                                                                     1,260                           2,500

                         Utility Clerk                                                                  1,260                           2,500

                         Police Sergeant                                                           2,980                           4,500

                         Police Corporal                                                            2,720                           4,000

                         Police Master Patrolman                                              2,495                           3,500

                         Police Patrolman                                                         2,075                           3,000

                         Master Mechanic                                                         2,250                           4,300

                         Power Plant Operator                                                 1,500                           4,500

                         All other city employees under the

                            supervision and control of the

                            Outside Utilities Supervisor, Power

                             Plants Supervisor, or Electric Distribution

                             System Supervisor,                                                  1,260                           4,300

 

                                                              All other city employees, including part-time employees, shall be paid on an hourly rate of not less than the federal minimum wage but not more that $20.00 per hour, to be determined by the governing body by resolution. (Ord. 751, Sec. 1)

                       

                        1-606.                          SAME: ANNUAL ADJUSTMENT. The salaries and compensation paid to all city employees shall be subject to adjustment annually at the year-end council meeting in each calendar year. Factors to be considered in adjusting such salaries and compensation shall be merit, length of employment, financial condition of the city and the cost of living index established annually by the Bureau of Labor Statistics. (Ord. 486)

 

                        1-607.                          SAME: MAYOR; COUNCILMEMBERS. (a) Mayor. The mayor shall receive as compensation the sum of not less than $200 per month, nor more than $1,000 per month; provided, however, that in no instance shall total compensation paid in any one calendar year exceed the sum of $12,000.

                                                              (b) Councilmembers. Each councilmember shall receive as compensation the sum of not less than $100 per month nor more than $500 per month; provided, however, that in no instance shall total compensation paid to each councilmember in any one calendar year exceed the sum of $6,000. (Ord. 645, Sec. 1)

 

                        1-608.                          RECORDS AND MONTHLY REPORTS. Department heads shall cause a suitable record to be made of the appointment of any assistant and the salary to be paid and shall report such information to the city clerk for presentation by him/her to the governing body for its approval. Department heads are also to make monthly reports as to time spent in each department or fund in order that each department may be properly charged for such expenditure. (Ord. 486)

 

                        1-609.                          ATTENDANCE. The normal work day covers the period from 8:00 a.m. to noon and from 1:00 to 5:00 p.m., Mondays through Fridays. Due to the nature of their operations, the police and utility departments work different schedules. Work schedules for these operations shall be determined by the respective department heads. All employees should be at their work stations in accordance with the general regulations or department regulations. Prompt appearance for work at the specified time is required of all employees. All city employees who are employed on a daily or hourly basis shall not be paid for time lost or for being absent from work. (Code 2011)

 

                       1-610.                          WORK WEEK. The work week for all employees of the city shall begin at 12:00 midnight Sunday and end at 12:00 midnight the following Sunday. For all employees, except the city clerk, outside utilities supervisor, electric system supervisor, chief of police, city attorney, municipal judge, city treasurer, and janitor, a normal work week, unless otherwise assigned, shall be 40 hours. (K.S.A. 44-1204; Ord. 486; Code 2011)

 

                        1-611.                          PAYMENT SCHEDULE. Each city employee shall receive his or her wages or salary on a bi-weekly basis with paychecks to be issued on or before the first Thursday following the end of the pay period. (Ord. 486; Code 2011)

 

                        1-612.                          OVERTIME. (a) City employees who are classified as executive, administrative or professional and who are paid on a salary basis are exempt from overtime compensation.

                          (b) All nonexempt city employees are eligible for overtime when they work more than 40 hours in one week. Overtime shall be paid at one and one-half times the base salary. At the discretion of the applicable supervisor or the direction of the city council, an employee can be dismissed early later in the week to avoid the accumulation of an overtime obligation.

                          (c) All non-exempt, public safety city employees are eliglble for overtime when they work more than 86 hours in a bi-weekly pay period (FLSA 7(k) exemption).  Overtime shall be paid at one and one-half times the base salary.  At the discretion of their supervisor or the direction of the city council, an employee can be dismissed early later in the pay period to avoid the accumulation of an overtime obligation.

(K.S,A, 44-1204; Ord. 715, Sec. 1; Ord. 786, Sec. 1; Code 2011)

 

                        1-613.                          COMPENSATORY TIME. Non-exempt city employees are also eligible to choose compensatory time off, in lieu of overtime pay. The time off is to be awarded at a rate of one and one-half hours of compensatory time for each hour of overtime actually worked. Each eligible city employee may accumulate up to 40 hours or five days of compensatory time. Any overtime worked, above the 40-hour cap for accumulated compensatory time, shall automatically be paid as overtime wages in the pay period worked. Only 18 days or 144 hours of compensatory time may be taken off in the calendar year. Any time accumulated in excess of the annual cap shall be treated as overtime pay. Eligible city employees shall be allowed to take only 16 hours or two days of compensatory time off at a time. However if compensatory time is taken off in conjunction with a holiday or vacation, only eight hours or one day shall be allowed. When a shift work schedule is in effect at the power plant, operators shall be allowed to take 16 hours or two days in conjunction with their vacation. The 16-hour and 8-hour restrictions are imposed to ensure the city will have sufficient staff available to perform daily duties. An employee who has earned compensatory time shall be allowed to use that time within a reasonable period of time after requesting its use. The employer is permitted to deny a request to use compensatory time at any time, if the employee's absence would impose an unreasonable burden on the employer's ability to provide adequate services to the public. A mere inconvenience to the employer is not sufficient reason to deny the use of compensatory time. When an employee terminates his or her employment or upon the retirement or death of an employee, any unused compensatory time shall be paid to the employee or their estate as a part of the final payroll check. (Ord. 715; Code 2011)

 

                        1-614.                          PERSONAL LEAVE. All full-time, salaried employees shall be allowed three days personal leave per calendar year. Such leave, to tend to personal business, must be taken within the calendar year. No employee shall be paid additionally for working during his/her personal leave time. When an employee terminates his or her employment or upon the retirement or death of an employee, any unused personal leave shall be paid to the employee or their estate as a part of the final payroll check. (Ord. 644; Code 2011)

 

                        1-615.                          ON-CALL TIME. (a) Employees under the supervision of the outside utilities supervisor required to be on-call after office hours shall be credited with six hours of overtime or nine hours of compensatory time for Saturday, with six hours of overtime or nine hours of compensatory time for Sunday, and with six hours of overtime or nine hours of compensatory for holidays.  The on-call overtime or compensatory time also includes being on-call after office hours during the week following the assigned weekend.  Any hours actually worked in excess of the 12 hours credited on-call time for weekends and after office hours during the week or in excess of six hours credited on-call time for holidays shall be eligible for additional overtime or compensatory time.  The on-call employee is required to check the water wells, record the well readings, and check the sewer plant each day of weekend or holiday on-call.

                                                              (b) Employees under the supervision of the electric system supervisor required to be on-call after office hours shall be credited with three hours of regular time or compensatory time for Saturday, with three hours of regular time or compensatory time for Sunday, and with three hours of overtime or four and one-half hours of compensatory time for holidays.  Any hours actually worked on Saturday, Sunday, or on a holiday shall be credited as additional overtime or compensatory time.

                                                              (c) The outside utilities supervisor and electric system supervisor shall make an on-call schedule for their employees for the weekends and holidays.  In the event of a call-out, the on-call employee shall call in appropriate personnel and shall remain on site and participate in the repairs.  Employees with expertise in the problem areas should be called first.  All employees called are expected to respond unless they are physically unable to do so.  Those employees failing to respond, who are physically able, are subject to repreimand.  For long repairs, for multiple repairs, or in the case of inclement weather, the on-call employee shall contact the applicable supervisor.  Once so informed, the supervisor shall coordinate employees in order to ensure the repairs are made safely, to avoid long exposure of the employees to the elements, and to make sure all repairs are made quickly and efficiently.  The supervisor will maintain contact with the on-call employee by being at the job site or by phone until the repair is completed.  Where applicable, the supervisor will inspect all repairs before they are covered up. 

                                                              (d) In any other cases of credit for on-call time, the applicable supervisor shall provide the on-call employee with equivalent time off during the work week.  When called in, only hours actually worked in excess of the equivalent time provided shall be eligible for overtime or compensatory time.

                        (Ord. 787, Sec. 1)

 

                        1-616.                          LONGEVITY PAY. (a) Each city employee, at the end of each year, shall receive an additional payment for faithful service, such additional payment being designated herein as longevity pay.

                                                              (b) Such longevity pay shall be based upon years of service of each respective city employee and shall be paid by December 20 of each year; provided, in no event shall any longevity pay exceed the maximum in the schedule set forth in subsection (c) below.

                                                              (c) Longevity pay schedule:

 

                                                                                                                Years of Service and

                                                                                                             Amount Payable in Dollars

                                                                                                                                                                         21 and

                                                                                                 1-5                   6-10                 11-20               Over 

    

                         Outside Utilities Supervisor                             $385                $850                $1,350             $1,850

                         City Clerk                                                        385                  850                  1,350               1,850

                         Power Plants Supervisor                                 385                  850                  1,350               1,850

                         Electric System Supervisor                             385                  850                  1,350               1,850

                         Power Plants Foreman                                   340                  700                  1,060               1,460

                         Master Mechanic                                             340                  700                  1,060               1,460

                         Chief of Police                                                 285                  570                  920                  1,320

                         Assistant Outside Utilities Supervisor             285                  570                  920                  1,320

                         Assistant City Clerk                                         285                  570                  920                  1,320

                         Head Lineman                                                 275                  575                  875                  1,175

                         City Inspector                                                  250                  505                  810                  1,120

                         All other permanent

                            employees                                                    250                  505                  810                  1,120

                         Janitor                                                             50                    85                    125                  170

                         City Treasurer                                                 50                    70                    100                  140

                         City Attorney                                                   110                  230                  350                  475

                         Municipal Judge                                              70                    125                  185                  250

                         (Ord. 538, Sec. 1)

 

                        1-617.                          HEALTH INSURANCE. (a) All city employees, who work in positions that require 2,080 hours or more annually, shall be entitled to be enrolled under the city's group insurance plan with Blue Cross and Blue Shield of Kansas on the first of the month following the completion of one month of continuous service. The insurance premiums shall be paid on behalf of such employees by the city. (Ord. 664)

                                                              (b) New eligible employees must contact the city clerk to complete their applications for health insurance coverage within 31 days of eligibility. If the new employee is transferring from an employer with Blue Cross and Blue Shield of Kansas health insurance coverage, it is his or her responsibility to notify the city clerk of the transfer situation, so proper documentation can be completed to ensure the smooth transition of the coverage.

                                                              (c) It is also the responsibility of the employees to notify the city clerk of any changes in the type of coverage for the employee and his or her family. Qualifying events for such changes are marriage, birth of a child, adoption, dependent reaches age 26, divorce/annulment, and death of spouse or dependent. Change forms must be received at the Blue Cross and Blue Shield of Kansas office within 63 days of the qualifying event. Coverage will be effective the first of the month following the qualifying event, except in the case of birth, adoption or placement for adoption. In these instances, the effective date is the date of the event.

                        (Ord. 750; Code 2011)

 

                        1-618.                          CONTINUED HEALTH INSURANCE COVERAGE RIGHTS UNDER COBRA. (a) Employees and their dependents are eligible for temporary continuation of health insurance coverage under the provisions of the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA). COBRA continuation coverage is available to an employee and/or his or her dependents when the employee or dependents would otherwise lose their group insurance coverage through the city's plan.

                                                              (b) The following is a list of qualifying events for COBRA coverage:

                                                                        (1) Employment ends with the city for any reason other than gross misconduct (up to 18 months continued coverage available),

                                                                        (2) Death of the city employee (up to 36 months of continued coverage available)

                                                                        (3) Divorce or legal separation from the city employee (up to 36 months of continued coverage available).

                                                                        (4) Child of the city employee stops being eligible for coverage under the plan as a "dependent child" (up to 36 months of continued coverage available).

                                                              (c) Qualifying former employees or qualifying dependents must pay 100 percent (100%) of the cost of the premiums plus a two percent (2%) administrative charge. Premium payments shall be made directly to the health insurance carrier.

                                                              (d) The city's health insurance carrier will offer COBRA continuation coverage to qualified individuals only after the city clerk has been notified within 30 days of the date of the qualifying event. COBRA continuation coverage will begin on the date the group health insurance coverage would otherwise have been lost.

 

                        1-619.                          ELIGIBILITY FOR CONTINUED MEDICAL INSURANCE COVERAGE.  Any person who has been employed by the City of Hugoton for ten (10) years or more on a regular full-time basis and who is covered by the Kansas Public Employees Retirement System (KPERS) and that employee's dependents shall be eligible for continued enrollment as a member of the City of Hugoton's group medical insurance plan if such employee or dependent meets the following applicable eligibility constraints:

                                                              (a) The employee retires on an immediate annuity through KPERS; and (b) An election to continue medical insurance coverage after retirement must be made in writing not later than thirty-one (31) days immediately preceding retirement from active employment with the city or not later than thirty-one (31) days following the death of an employee.  (Ord. 750)

 

                         1-619A.                       PARTICIPATION COSTS FOR CONTINUED MEDICAL INSURANCE COVERAGE FOR RETIREES AND ELIGIBLE DEPENDENTS.  (a) The City shall dedicate $100,000.00 from each year’s budget for the continued medical insurance coverage for retirees and eligible dependents.

                                                              (b) At the beginning of each group medical insurance policy period, the city clerk shall calculate the anticipated costs for all retired employees and eligible dependents.  The total amount over $100,000 shall be equally divided among the retired employees and eligible dependents.

                                                              (c) The amount, so calculated over $100,000 shall be billed to each retired employee and eligible dependent in twelve (12) equal installments on a monthly basis.  The final installment of each group policy period may need to be adjusted for any changes in the number of participants during the course of the year.

                                                              (d) Failure to pay the monthly installment by the end of the month in which it is billed shall result in the retired employee or eligible dependent being deleted from the group.  Once removed from the group, the retired employee or eligible dependent shall not be allowed to re-join the group’s medical insurance coverage plan.

                                                              (e) The city council shall review the $100,000 limit at the first of each year and may adjust that amount depending on the financial condition of the city.  If so adjusted, the city clerk shall use the new limit to determine each participant’s associated costs as described herein.

                        (Ord. 750)

 

                        1-619B.                       REQUIREMENTS AND RELATED PARTICIPATION COSTS FOR CONTINUED MEDICAL INSURANCE COVERAGE FOR RETIREES AND ELIGIBLE DEPENDENTS WHO ARE 65 OR OLDER PRIOR TO MAY 5, 2008.  (a) On the next group medical insurance coverage renewal date following May 5, 2008, retirees and eligible dependents over age 65 shall begin paying a portion of their medical insurance costs in accordance with Section 1-619A(c).

                                                              (b) Coverage under the group medical insurance plan shall cease to be made available upon the retired employee or eligible dependent(s) failing to make the required premium payments by the end of the month in which the premium is billed.  (Ord. 750)

 

                        1-619C.                       REQUIREMENTS AND RELATED PARTICIPATION COSTS FOR CONTINUED MEDICAL INSURANCE COVERAGE FOR RETIREES UNDER AGE 65 AND ELIGIBLE DEPENDENTS UNDER AGE 65 PRIOR may 5, 2008. (a) An employee, who retired prior to age 65 and is not yet age 65, and eligible dependent(s) under age 65 of the retiree or eligible dependent(s) under age 65 of a deceased retiree, and, whom were on the city’s group medical insurance coverage prior to May 5, 2008, shall reimburse the city at a rate of $250 per month per policy.

                                                              (b) On the next group medical insurance coverage renewal date following May 5, 2008, and each renewal date thereafter, the city clerk shall compute the health insurance premium costs of the members of the group described in Sec. (a).  That difference shall be included in the city’s costs being used to determine the amount over the $100,000 limit or any new limit established by the city council in the future.  The amount so assessed to each retired employee or eligible dependent shall be in addition to the $250 per month described in Sec. (a).

                                                              (c) Coverage under the group medical insurance plan shall cease to be made available upon the retired employee or eligible dependent(s) failing to make the required premium payments by the end of the month in which the premium is billed.

                                                              (d) Coverage under the group medical insurance plan shall cease to be made available upon the retired employee or eligible dependent(s) becoming covered or eligible to be covered under a plan of another employer.  (Ord. 750)

 

                        1-619D.                       REQUIREMENTS AND RELATED PARTICIPATION COSTS FOR CONTINUED MEDICAL INSURANCE COVERAGE FOR EMPLOYEES WHO RETIRE AT OR AFTER AGE 65, WITH AT LEAST TWENTY (20) YEARS OF SERVICE WITH THE CITY.  (a) Upon retiring at or after age 65, with at least twenty (20) years of service with the city, the retiring city employee shall select Medicare as their primary medical insurance and shall be eligible to remain on the city’s group medical insurance plan for their supplemental coverage.  Participation costs shall be in accordance Sec. 1-619A(c).

                                                              (b) Coverage under the group medical insurance plan shall cease to be made available to the eligible dependent upon the retired employee attaining age 65.

                                                              (c) Coverage under the group medical insurance plan shall cease to be made available upon the retired employee failing to make the required premium payments by the end of the month in which the premium is billed.  (Ord. 750)

 

                        1-619E.                       REQUIREMENTS AND RELATED PARTICIPATION COSTS FOR CONTINUED MEDICAL INSURANCE COVERAGE FOR EMPLOYEES, WHO RETIRE PRIOR TO AGE 65 AND WHOSE AGE AND YEARS OF SERVICE WITH THE CITY OF HUGOTON EQUALS AT LEAST 85, AND THEIR ELIGIBLE DEPENDENTS FOLLOWING MAY 5, 2008.  (a) An employee, who retires prior to age 65 and whose age and years of service with the city equals at least 85 following the effective date of this ordinance, shall be eligible to remain on the city’s group medical insurance plan.  Participation costs shall be in accordance with Sec. 1-619A (a) and (b).

                                                              (b)  Upon reaching age 65, the retired employee shall select Medicare as primary medical insurance and shall be eligible to remain on the city’s group medical insurance plan for their supplemental coverage.  Participation costs shall be in accordance with Sec. 1-619A (c).

                                                              (c)  Coverage under the group medical plan shall cease to be made available upon the retired employee failing to make the required premium payments by the end of the month in which the premium is billed; or

                                                              (d) Coverage under the group medical insurance plan shall cease to be made available upon the retired employee becoming covered or eligible to be covered under a plan of another employer.

                                                              (e) An eligible dependent of the retired employee who retires prior to age 65 and whose age and years of service with the city equals at least 85 shall be eligible to remain on the city’s group medical insurance plan.  Participation costs shall be 100% of the premium cost to the city.

                                                              (f) Coverage under the group medical insurance plan shall cease to be made available upon the eligible dependent failing to make the required premium payments by the end of the month in which the premium is billed.

                          (g) Coverage under the group medical insurance plan shall cease to be made available to the eligible dependent upon the retired employee attaining age 65.

                          (h) Coverage under the group medical insurance plan shall cease to be made available to the eligible dependent upon the retired employee or eligible dependent becoming covered or becoming eligible to be covered under a plan of another employer.  (Ord. 750)

 

                        1-619F.                        REQUIREMENTS AND RELATED PARTICIPATION COSTS FOR CONTINUED MEDICAL INSURANCE COVERAGE FOR EMPLOYEES WHO RETIRE WITH AT LEAST TEN (10) YEARS OF SERVICE WITH THE CITY BUT WHO DO NOT MEET THE CRITERIA DESCRIBED IN SECTION 1-619D OR SECTION 1-619E AND THEIR ELIGIBLE DEPENDENTS.  (a) An employee who retires with at least ten (10) years of service with the city, but who does not meet the criteria described in Sec. 1-619D or Sec. 1-619E, and their eligible dependents shall be eligible to remain on the city’s group medical insurance plan.  Participation costs shall be 100% of the premium cost to the city.

                                                              (b) Coverage under the group medical insurance plan shall cease to be made available upon the retired employee failing to make the required premium payments by the end of the month in which the premium is billed.

                                                              (c) Coverage under the group medical insurance plan shall cease to be made available upon the retired employee attaining age 65.

                                                              (d) Coverage under the group medical insurance plan shall cease to be made available upon the retired employee becoming covered or becoming eligible to be covered under a plan of another employer.  (Ord. 750)

 

                        1-620.                          RETIREMENT.  (a) All employees of the city, who work 1,000 or more hours annually and who otherwise are qualified, shall become members of KPERS. 

                                                              (b) If a new employee is transferring as a contributing member of another KPERS employer or if a new employee still has contributions with KPERS from prior service with a KPERS employer, it is his or her responsibility to notify the city clerk of that employee’s active status with KPERS.

                                                              (c) Depending upon the KPERS program the employee falls into, an employee contributes either 4% or 6% of his or her gross salary to KPERS.  The city contributes additional percentages established periodically by KPERS as the employer’s share for retirement and for disability and death insurance on the employee.

                                                              (d) The retirement age for city employees is 65.  However, such employment may be extended from year-to-year with the approval of the governing body.  Retirement is mandatory at the age of 70.  (Ord. 750)

 

                        1-621.                          SOCIAL SECURITY. Social security is handled by the federal government and is made up of joint contributions by the employee and the city, based upon percentages of the employees' salary. The employees' share shall be deducted from his or her paycheck. Complete details of social security benefits are available from the Social Security Administration. (Code 2011)

 

                        1-622.                          VACATIONS. Vacations for full-time city employees shall be allowed as follows: (Part-time employees are not eligible for accumulations of vacation time.)

                                                              (a) Two weeks or ten working days, paid vacation shall be allowed after completing one year of service with the city.

                                                              (b) Three weeks, or 15 days, paid vacation shall be allowed to each employee completing ten years of service with the city.

                                                              (c) Four weeks, or 20 days, paid vacation shall be allowed after completing 20 years of service with the city.

                                                              (d) All city employees entitled to vacation shall be required to take their vacations within the calendar year. No employee shall be paid additionally for working during his/her vacation time.

                                                              (e) The time an employee takes his or her vacation shall be determined by the supervisor and employee. The supervisor will make every effort to accommodate the employees' requested dates. However, the needs of the city to provide adequate public services must come first in scheduling vacation time. Supervisors can block out periods of time from vacation leave during critical times, due to the seasonal nature required to perform certain tasks or due to the heavy workload during certain times of the year. Any conflicts in requested dates will be resolved by seniority of employment. Employees shall follow scheduled vacations filed and accepted by their respective supervisors on or before April 15th of each year.

                                                              (f) All vacations shall be taken at the minimum rate of five days at a time. Provided, however, department heads may allow vacations to be taken at a lesser rate, if such allowance is to   the benefit of the city. Should any holidays fall within an employee's vacation, the holiday shall not be charged as part of the vacation time.

                                                              (g) For the first two years of employment, vacation time is computed on the anniversary date of each employee. Anniversary date is defined as that date an employee commences to work for the city. As of the first of the year following the employee's second anniversary date, employees are eligible to use vacation time as of the first of the year.

                                                              (h) If an employee terminates his or her employment in good standing or upon the retirement or death of an employee, any vacation time owed will be computed on the basis of one hundred percent (100%) for the calendar year and any unused portion thereof shall be paid to the employee or their estate as part of the final payroll check. No unused vacation pay shall be allowed to any employee whose employment is terminated for any reason between the first and second anniversary dates of employment.

 

                        1-623.                          CITY HOLIDAYS. (a) The following are legal holidays for full-time city employees:

                                    January 1                                            New Year's Day

                                    3rd Monday in February                      President's Day

                                    Friday before Easter                           Good Friday

                                    Last Monday in May                            Memorial Day

                                    July 4                                                   Independence Day

                                    1st Monday in September                   Labor Day

                                    2 ndMonday in October                        Columbus Day

                                    November 11                                      Veterans Day

                                    4th Thursday in November                  Thanksgiving Day

                                    December 25                                      Christmas Day

                                    Taken on the date                               Employee's Birthday

                        (except when another date is mutually agreeable between the supervisor and the employee)

                                                              (b) In compliance with federal and state legislation supporting the Monday holiday schedule, the above holidays will be set up by the year on the Monday holiday schedule where feasible.

                                                              (c) For employees in departments with a normal work week, (Monday through Friday) holidays that fall on weekends shall be observed on the Friday before if the city holiday falls on Saturday or on the following Monday if the city holiday falls on Sunday. For employees in departments requiring shift schedules, city holidays that fall on weekends for those employees shall be observed on the actual day of the holiday. (Not the day the city office is closed).

                                                              (d) City employees required to work on city holidays shall be paid for eight hours at their regular rate of pay for the holiday and be compensated at a rate of one and one-half times their regular rate of pay for all hours worked on the holiday. The additional compensation can consist of any combination of overtime or compensatory time to arrive at the equivalent of one and one-half times the hours worked. (Ord. 657; Code 2011)

 

                        1-624.                          SICK LEAVE. (a) When an employee is sick and cannot report for work, he or she must call his or her supervisor immediately preceding normal working hours. Such a courtesy enables the supervisor to make the necessary arrangements to continue the employee's functions while he or she is absent. Failure to notify the supervisor will not allow the employee to count the day as sick leave, but will count as an unpaid absence.

                                                              (b) Each full-time employee shall be allowed three-fourths day sick leave for every month of continuous employment. Such sick leave shall be accumulative from year-to-year to a maximum of 90 days. Such accumulation shall not apply to part-time and temporary employees, until the six-months probationary period has expired, at which time such employee shall be credited with four and one-half days sick leave.

                                                              (c) No sick leave exceeding two days shall be allowed unless, upon request, the employee furnishes to his/her immediate supervisor within 24 hours after he or she returns to work a written statement from a physician; certifying that his or her illness prevented the employee from working and that the employee is physically able to return to work.

                                                              (d) Any employee receiving sick leave time preceding and/or following any holiday or weekend may be required at the request of his or her supervisor, to furnish a written statement from a physician certifying that his or her sickness prevented the employee from working.

                                                              (e) Following any serious injury or serious illness, an employee shall be required to take a complete physical examination and to furnish a written report thereof to his or her immediate supervisor. Before returning to work after a serious injury or serious illness, the employee must provide to his or her immediate supervisor written authorization from a physician approving the return to work and noting any restrictions.

                                                              (f) In the event of serious injury or illness of a member of the immediate family (spouse, children, parents, grandchildren, grandparents, brothers and sisters) of an employee which requires hospitalization, locally or away from home, the time necessary for the employee to be away from his or her employment shall be charged against his or her accumulated sick leave.

                                                              (g) An employee who has exhausted all earned sick leave may, subject to authorization from his or her immediate supervisor, use any unused vacation time or any accumulated compensatory time during an illness and/or be allowed time off without pay.

                                                              (h) Any employee, whose employment is terminated for any reason other than retirement or death, shall not receive any compensation for the balance of any unused sick leave. Upon the retirement or death of an employee, he or she or his or her estate shall be entitled to compensation for any unused sick leave time up to the 90-day maximum, computed on the basis of 100 percent from the anniversary date of his or her employment and not on the basis of the calendar year. (Ord. 486; Code 2011)

 

                        1-625.                          SHORT-TERM DISABILITY PAY POLICY. All regular city employees, who are unable to perform their duties due to a medical condition, may elect to receive short-term disability pay. A 42-calendar day elimination period from the employee's last day at work must expire prior to eligible employees receiving disability pay. Disability payments shall be a part of the regular city payroll and shall be equivalent to 70 percent of the employee's basic two-week remuneration. Disability payments shall end upon the employee's return to work or 180 calendar days from the employee's last day at work.

                                                            Employees must have exhausted accrued sick leave, personal leave, vaction time, and compensatory time, in order to have the disability payments.  Time off for pregnancy shall not be eligible for short-term disability pay.  Such time off falls under the Family and Medical Leave Act.  (Code 2011)

 

                        1-626.                          FAMILY AND MEDICAL LEAVE. (a) The Family and Medical Leave Act (FMLA) makes available to eligible employees up to 12 weeks of unpaid, job-protected leave during a 12-month period beginning from the date of the commencement of an employee's first FMLA leave. To be eligible, the employee must have worked for the city for at least 12 months. The eligibility for leave applies equally to male and female employees.

                                                              (b) Leave may be taken for the following reasons:

                                                                        (1) For the birth of an employee's child.

                                    (2) For the placement of a child with the employee for adoption or foster care.

                                                (3) When the employee is needed to care for a child, spouse, or parent who has a serious health condition.

                                                (4) When the employee is unable to perform the functions of his or her job due to a serious health condition including pregnancy limitations or complications.

                                                                        For the birth or placement of a child, the right to take FMLA leave expires at the end of the 12-month period beginning on the date of the birth or placement of the child. Spouses who both work for the city are limited to a total of 12 weeks of FMLA leave due to the birth or placement of a child or for the care of a sick parent. For serious health conditions, the employee shall be required to provide a medical certification signed by a health care provider. When the FMLA leave is to care for a seriously ill child, spouse, or parent, the certification must include an estimate of the amount of time the employee will be needed to care for that person. The city may require periodic reports on the medical condition in question. Failure, to provide medical certification to justify absences from work under FMLA, may result in dismissal of the employee.

                                                              (c) An employee is required to provide the city with at least 30 days advance written notice before taking FMLA leave if the need for leave is foreseeable. If 30 days notice is not practicable because of the lack of knowledge, or is not foreseeable due to a medical emergency, then notice must be given as soon as is practicable given the facts and circumstances of the situation. If the employee fails to provide 30 days notice and has no reasonable excuse for the delay, the city may delay the FMLA leave until 30 days after the date notice is provided. During the 12-week period of the FMLA leave, the city shall continue to pay the health insurance benefits for the employee. Vacation and sick leave shall not accrue to the employee during the time of the FMLA leave. The employee also shall not be eligible for holiday pay during the time of the FMLA leave.

                                                              (d) Following leave for treatment of the employee's own serious medical condition, a medical release shall be required stating the employee is able to return to work and noting any restrictions.  (Code 2011)

 

                        1-627.                          ACCIDENT LEAVE. (a) All city employees are insured against accidents or occupational diseases incurred as a result of their job. If an employee is injured on the job or contracts an occupational disease as a result of the job, as defined under the Workmen's Compensation Act, he or she must notify the employer within ten days. Failure to do so may preclude medical treatment from being paid by the workmen's compensation insurance carrier or by the city's health insurance carrier.

                                                              (b) An injured worker is entitled to all medical services reasonably necessary to cure and relieve the worker from the effects of the injury or illness. Treatments beyond the initial diagnosis must be approved by the workmen's compensation carrier.

                                                              (c) An employee injured on the job or who becomes ill from the job shall receive his or her regular salary until he or she is able to return to work or until workmen's compensation insurance benefits become effective, whichever event occurs first. The first compensation payment is normally due at the end of the 14th day of lost time. Injured workers are not entitled to compensation for the first week they are off work unless they lose three consecutive weeks. An injured employee is entitled to a weekly amount of 66 2/3 percent of his or her average weekly wage up to a maximum of 75 percent of the state's average weekly wage, subject to legislative change. Once an employee begins receiving workmen's compensation benefits, he or she may elect to also use any accumulated sick leave, vacation time, or compensatory time to remain on the city's payroll. At the employee's election, he or she may choose to turn over the workmen's compensation benefits check to the city. Such action shall enable the city employee to remain on the city's payroll without the loss of accumulated sick leave, vacation time, or compensatory time.

                                                              (d) Before returning to work from accident leave, the city employee shall be required to provide a written release from a doctor stating the employee is able to return to work and noting any restrictions.

                                                              (e) Accident leave shall not be allowed any employee if the injuries or illness are due to his or her own conduct on off-time activities or injuries or illness related to secondary employment.  (Ord. 591; Sec. 1; Code 2011)

 

                        1-628.                          DEATH IN THE FAMILY. The following policy is hereby established for city employees requiring time off due to a death in the family.

                                                              In the event of the death of a member of the family of an employee, up to three working days with pay may be allowed for travel time to and from the funeral services or to attend to personal matters relating to the death. The term "family", as herein, defined, shall include not only those persons of the immediate family but also the parents, grandparents, grandchildren, brothers and sisters of the employee's spouse. The use of the three-day maximum is subject to the approval of the employee's supervisor. Additional time off may be arranged, without pay or charged to an employee's sick leave, vacation time, or compensatory time, also subject to the approval of the employee's supervisor. (Ord. 659, Sec. 1; Code 2011)

 

                        1-629.                          JURY DUTY. It is the civic obligation of each city employee to serve on a jury if he or she is called. While on jury duty, or while appearing as a legally-required witness, an employee shall receive full pay from the city in addition to any other fees received.

                                                              (b) The supervisor shall require proof of jury service before allowing any time off and pay for jury duty.

                                                              (c) Should the employee serve on a jury during his or her regular vacation period, no deduction from his or her straight time pay will be made, nor will it be increased.

 

                        1-630.                          MILITARY LEAVE. An employee may take military leave in accordance with state law. Any employee who is on reserve military status in the Kansas National Guard may, with the consent of his or her department supervisor, schedule his or her vacation time to coincide with any field training or summer camp.

                                                              If additional time off is necessary, such leave shall be arranged without pay.

 

                        1-631.                          OTHER ALLOWANCES. The governing body shall from time to time fix allowances to be paid to officers and employees of the city using their own automobiles, trucks or other equipment in connection with their duties, or for other expenses incurred on behalf of the city on business. (Ord. 486)

 

                        1-632.                          UNIFORMS. Any city employee required to wear a uniform in the performance of his or her duties shall be provided with such uniform at the expense of the city. Replacement shall be at such time and in such quantities as the department head may designate. (Code 2011)

 

 

                        1-633.                          ADDITIONAL REGULATIONS. The governing body may, by resolution, from time to time, adopt supplemental provisions and adopt other policies pertaining to salaries, vacations, holidays, sick leave, personal leave, emergency leave, accident leave, military leave, jury duty, health insurance benefits, attendance at work, provisions pertaining to health and welfare and other related employer-employee relations. (Ord. 486; Code 2011)

 

1-634.                          DISCIPLINARY PROCEDURES  The following types of disciplinary actions are officially recognized by the City:

                                      (a)        Verbal Warning.  A verbal warning is an oral reprimand given to an employee by his or her supervisor or department head.  A record of the warning shall be recorded in the employee’s file.

                                      (b)        Reprimand.  A reprimand is a written censure to an employee by his or her supervisor or department head, a copy of which shall be recorded in the employee’s file.

                                      (c)        Probation.  Probation is a trial period of a specific length of time during which an employee is required to fulfill a set of conditions, or to improve work performance, or to improve on the job behavior.  Failure to meet the probationary requirements may result in additional disciplinary actions.

                                      (d)        Salary Reduction.  A salary reduction is the lowering of an employee’s rate of pay within the pay range to which the employee’s position is assigned.

                                (e)        Demotion.  A demotion is the placement of an employee into a position of a lower pay range.

                                      (f)         Suspension.  A suspension is the removal of an employee from service, with or without pay, for a specific period of time.

                                      (g)        Termination. Termination is the removal of an employee from city employment. (Code 2011)

 

                        1-635.                          NOTICE TO TERMINATE EMPLOYMENT REQUIREMENTS; HEARING. (a) All city employees, except the city clerk, outside utilities supervisor, electric system supervisor, chief of police, city inspector, city attorney, municipal judge, city treasurer, and assistant city clerk shall be obligated to give the city two weeks written notice in the event they desire to terminate their services. The city shall also be obligated to give such employee, beyond his or her probationary period, two weeks written notice in the event it desires to terminate the services of such employee for any reason other than for misconduct, in which event no notice is necessary to terminate such employment.

                                                              (b) The city clerk, outside utilities supervisor, electric system supervisor, chief of police, city inspector, city attorney, municipal judge, city treasurer, and assistant city clerk shall be obligated to give the city one month's written notice in the event they desire to terminate their services. The city shall also be obligated to give such employee, beyond his or her probationary period, one month's written notice in the event it desires to terminate the services of such employee for any reason, other than for misconduct, in which event no notice is necessary to terminate such employment. Failure of an employee to be present for duty during the two weeks or one month notice obligation period may result in the employee forfeiting any unused vacation time or compensatory time up to the amount of the notice requirement. If in the best interests of the city as a result of involuntary termination, the two weeks or one month notice obligation may be waived, and the employee shall be paid for the equivalent time as severance pay.

                                                              (c) The responsibility for discharging personnel is with the city clerk, outside utilities supervisor, electric system supervisor, and the chief of police, with the approval of the governing body, depending on the department in which the employee works.

                                                              (d) Any city employee, upon receiving a notice to terminate his or her employment, shall have the right to a hearing before the governing body at which hearing the city employee may challenge the grounds for termination. The hearing shall be held by the governing body no sooner than 14 days, nor later than 30 days, following a written request for a hearing brought to the mayor by the employee receiving the notice of termination. At the hearing, the employee shall be afforded a full and accurate statement of the grounds for termination and shall be provided with the opportunity to confront and cross-examine all witnesses appearing and testifying against the employee. An employee requesting a hearing shall have the right to be represented by legal counsel. All statements made at the hearing, and the findings of the governing body, shall be on the record. (Ord. 486, Code 1983; Code 2011)

 

                        1-636.                          UNEMPLOYMENT INSURANCE. The City of Hugoton participates in the Kansas Unemployment Insurance Program. Applications for benefits are available from the Kansas Department of Labor. (Code 2011)

 

ARTICLE 7. INVESTMENT OF PUBLIC FUNDS

 

                        1-701.                          PURPOSE AND GOALS. It is the purpose of this statement to set forth the public policies of the city relating to the investment of public moneys, and establish procedural requirement as to investment management practice. The objective of the investment policy and program of the city shall be as follows:

                                                              (a) The safeguarding of all public moneys shall be of the highest priority. Public money shall not be invested or managed in any matter which would jeopardize the safety of the principal.

                                                              (b) Consistent with the requirement of safety, the objective of the investment program shall be to aggressively manage and invest all public moneys to maximize net earnings, consistent with the public responsibility to secure maximum, safe investment return possible from moneys assigned to its stewardship, to relieve demands on the property tax and to otherwise reduce the cost of public services.  (Code 2001)

 

                        1-702.                          INVESTMENT OF IDLE FUNDS. Temporarily idle moneys of the city not currently needed, may in accordance with the procedure hereafter described be invested in:

                                                              (a) In temporary notes or no-fund warrants issued by such investing governmental unit;

                                                              (b) In time deposit, open accounts or certificates of deposit with maturities of not more than two years:

                                                                        (1) In commercial banks which have offices located in such investing governmental unit; or

                                    (2) If the office of no commercial bank is located in such investing governmental unit, then in commercial banks which have offices located in the county or counties in which all or part of such investing governmental unit is located;

                                                              (c) In time certificates of deposit with maturities of not more than two years;

                                                                        (1) With state or federally chartered savings and loan associations or federally chartered savings banks which have offices located in such investing governmental unit; or

                                                                        (2) If the office of no state or federally chartered savings and loan association or federally chartered savings bank is located in such governmental unit, then with state or federally chartered savings and loan associations or federally chartered savings banks which have offices in the county or counties in which all or part of such investing governmental unit is located;

                                                              (d) In repurchase agreements with:

                                    (1) Commercial banks, state or federally chartered savings and loan associations or federally chartered savings banks which have offices located in such investing governmental unit, for direct obligations, or obligations that are insured as to principal and interest by, the United States government or any agency thereof; or

                                    (2)(a) If the office of no commercial bank, state or federally chartered savings and loan association or federally chartered savings bank has an office located in such investing governmental unit; or

                                                                        (2)(b) If no commercial bank, state or federally chartered savings and loan association or federally chartered savings bank has an office located in such investing governmental unit is willing to enter into such an agreement with the investing governmental unit at an interest rate equal to or greater than the investment rate, as defined in subsection (1) of K.S.A. 75-4201, and amendments thereto, then such repurchase agreements may be entered into with commercial banks, state or federally chartered savings and loan associations or federally chartered savings banks, which have offices in the county or counties in which all or part of such investing governmental unit is located; or

                                                                        (3) If no bank, state or federally chartered savings and loan association or federally chartered savings bank which has its office is such    county or counties is willing to enter into such an agreement with the investing governmental unit at an interest rate equal to or greater than the investment rate, as defined in subsection (I) of K.S.A. 75-4201, and amendments thereto, then such repurchase agreements may be entered into with commercial banks, state or federally chartered savings and loan associations or federally chartered savings banks which have offices in the State of Kansas;

                                                              (e) In United States treasury bills or notes with maturities as the governing body shall determine, but not exceeding two years. Such investment transactions shall only be conducted with the following, which is doing business within the State of Kansas, any state or national bank, state or federally chartered savings and loan association, or federally chartered savings bank, or with primary government securities dealers which report to the market report division of the federal reserve bank of New York, or any broker-dealer which is registered in compliance with the requirements of section 15C of the securities exchange act of 1934 and registered pursuant to K.S.A. 17-1254, and amendments thereto;

                                                              (f) The municipal investment pool fund;

                                                              (g) The investments authorized and in accordance with the conditions prescribed in section 2 of the municipal investment pool fund act;

                                                              (h) The trust departments of commercial banks which have offices located in such investing governmental unit or with trust companies which have contracted to provide trust services under the provisions of K. S .A. 9-2107, and amendments thereto, with commercial banks which have offices located in the county or counties in which such investing governmental unit is located. Public moneys invested under this paragraph shall be secured in the same manner as provided for under K.S.A. 9-1402, and amendments thereto. Investments of public moneys under this paragraph shall be limited to those investments authorized under subsection (b) of section 1 of the municipal investment pool fund act.

                                                              (i) The investments authorized in paragraphs (e), (f), (g) or (h) of this section shall be utilized only if the appropriate eligible commercial banks, which have offices located in the investing governmental unit or in the county or counties in which all or a part of such investing governmental unit is located if no such bank has an office which is located within such governmental unit, or the appropriate eligible state or federally chartered savings and loan associations or federally chartered savings banks, which have offices located in the investing governmental unit or in the county or counties in which all or part of such investing governmental unit is located if no such state or federally chartered savings and loan association or federally chartered savings bank has an office which is located within such governmental unit, cannot or will not make the investments authorized in paragraphs (b) or (c) of this section available to the investing governmental unit at interest rates equal to or greater than the investment rate, as defined in subsection (1) of K.S.A. 75-4201, and amendments thereto. (K.S.A. 12-1675, as amended; Code 2001)

 

                        1-703.                          PROCEDURES AND RESTRICTIONS. The city clerk shall periodically report to the governing body as to the amount of money available for investment and the period of time such amounts will be available for investment, and shall submit such recommendations as deemed necessary for the efficient and safe management of city finances. The recommendations of the city clerk shall provide for an investment program which shall so limit the amounts invested and shall schedule the maturities of investments so that the city will, at all times, have sufficient moneys available on demand deposit to assure prompt payment of all city obligations (Code 2001)

 

                        1-704.                          CUSTODY AND SAFEKEEPING. Securities purchased pursuant to this article shall be under the care of the city clerk and shall be held in the custody of a state or national bank or trust company, or shall be kept by such officers in a safety deposit box of the city in a bank or trust company. Securities in the original or receipt form held in the custody of a bank or trust company shall be held in the name of the city, and their redemption, transfer, or withdrawal shall be permitted only upon the written instruction of the city officers. Securities not held in the custody of a bank or trust company shall be personally deposited by such officer in a safety deposit box in the name of the city in a bank or trust company, access to which shall be permitted only in the personal presence and under the signature of two of the abovementioned officers. (Code 2001)

 

                        1-705.                          SALE OR TRANSFER. If, in order to maintain sufficient moneys on demand deposit in any fund as provided in section 1-703, it becomes necessary to transfer or sell any securities of such funds, the officers specified in section 1-704 may transfer said securities to any other fund or funds in which there are temporarily idle moneys, or shall sell such securities, and for such purpose they shall have authority to make any necessary written direction, endorsement or assignment for and on behalf of the city. (Code 2001)

 

                        1-706.                          INTEREST ON TIME DEPOSITS. The city clerk shall deposit the interest earned on invested idle funds to the fund earning the interest, unless otherwise required or authorized by law. (Code 2011)

                        Ref, See K.S.A. 12-1677, and amendments thereto.

 

ARTICLE 8. OPEN RECORDS

 

                        1-801.                          POLICY. (a) It is hereby declared to be the policy of the city that all public records which are made, maintained or kept by or are in the possession of the city, its officers and employees, shall be open for public inspection as provided by, and subject to the restrictions imposed by, the Kansas Open Records Act.

                                                              (b) Any person, upon request, shall have access to such open public records for the purpose of inspecting, abstracting or copying such records while they are in the possession, custody and control of the appointed or designated record custodian thereof, or his or her designated representative. (Code 1986)

 

                        1-802.                          RECORD CUSTODIANS. All city officers and employees appointed or designated as record custodians under this article shall: protect public records from damage and disorganization; prevent excessive disruption of the essential functions of the city; provide assistance and information upon request; insure efficient and timely action and response to all applications for inspection of public records; and shall carry out the procedures adopted by this city for inspecting and copying open public records.

 

                        1-803.                          LOCAL FREEDOM OF INFORMATION OFFICERS. The Local Freedom of Information Officer shall:

                                                              (a) Prepare and provide educational materials and information concerning the Kansas Open Records Act.

                                                              (b) Be available to assist the city and members of the general public to resolve disputes relating to the Kansas Open Records Act.

                                                              (c) Respond to inquiries relating to the Kansas Open Records Act.

                                                              (d) Establish the requirements for the content, size, shape and other physical characteristics of a brochure required to be displayed or distributed or otherwise made available to the public under the Kansas Open Records Act. In establishing such requirements for the content of the brochure, the Local Freedom of Information Officer shall include plainly written basic information about the right of a requester, the responsibilities of the city, and the procedures for inspecting and obtaining a copy of public records under the Act. (Code 2001)

 

                        1-804.                          PUBLIC REQUEST FOR ACCESS. All city offices keeping and maintaining open public records shall establish office hours during which any person may make a request for access to an open public record. Such hours shall be no fewer than the hours each business day the office is regularly open to the public. For any city office not open Monday through Friday, hours shall be established by the record custodian for each such day at which time any person may request access to an open public record. (Code 2001)

 

                        1-805.                          FACILITIES FOR PUBLIC INSPECTION. All city offices keeping and maintaining open public records shall provide suitable facilities to be used by any person desiring to inspect and/or copy an open public record. The office of the city clerk, being the principal recordkeeper of the city, shall be used as the principal office for providing access to and providing copies of open records to the maximum extent practicable. Requesters of records shall be referred to the office of the city clerk except when the requested records are not in that office and are available in another city office. (Code 2001)

 

                        1-806.                          PROCEDURES FOR INSPECTION. Any person requesting access to an open public record for purposes of inspecting or copying such record, or obtaining a copy thereof, shall abide by the procedures adopted by the governing body for record inspection and copying, including those procedures established by record custodians as authorized by the governing body. Such procedures shall be posted in each city office keeping and maintaining open public records. (Code 2001)

 

                        1-807.                          APPOINTMENT OF OFFICIAL CUSTODIANS. The following city officers are hereby appointed as official custodians for purposes of the Kansas Open Records Act and are hereby charged with responsibility for compliance with that Act with respect to the hereinafter listed public records:

                                                              (a) City Clerk - All public records kept and maintained in the city clerk's office and all other public records not provided for elsewhere in this section.

                                                              (b) City Treasurer - All public records not on file in the office of the city clerk and kept and maintained in the city treasurer's office.

                                                              (c) Chief of Police - All public records not on file in the office of the city clerk and kept and maintained in the city police department.

                                                              (d) City Attorney - All public records not on file in the office of the city clerk and kept and maintained in the city attorney's office.

                                                              (e) Judge of the Municipal Court - All public records not on file in the office of the city clerk and kept and maintained in the municipal court. (Code 2011)

 

                        1-808.                          APPOINTMENT OF LOCAL FREEDOM OF INFORMATION OFFICER. The city clerk is hereby appointed as the local freedom of information officer and charged with all of the duties as set forth in section 1-803. (Code 2001)

 

                        1-809.                          DESIGNATION OF ADDITIONAL RECORD CUSTODIANS. (a) Each of the official custodians appointed in section 1-807 is hereby authorized to designate any subordinate officers or employees to serve as record custodian. Such record custodians shall have such duties and powers as are set out in the Kansas Open Records Act.

                                                              (b) Whenever an official custodian shall appoint another person as a record custodian he or she shall notify the city clerk of such designation and the city clerk shall maintain a register of all such designations. (Code 2001)

 

                        1-810.                          REQUESTS TO BE DIRECTED TO CUSTODIANS. (a) All members of the public, in seeking access to, or copies of, a public record in accordance with the provisions of the Kansas Open Records Act, shall address their requests to the custodian charged with responsibility for the maintenance of the record sought to be inspected or copied.

                                                              (b) Whenever any city officer or employee appointed or designated as a custodian under this article is presented with a request for access to, or copy of, a public record which record the custodian does not have in his or her possession and for which he or she has not been given responsibility to keep and maintain, the custodian shall so advise the person requesting the record. Further, the person making the request shall be informed as to which custodian the request should be addressed to, if such is known by the custodian receiving the request. (Code 2001)

 

                        1-811.                          FEE ADMINISTRATION. The city clerk is hereby authorized to provide the clerk's office, and the office of each record custodian, with sufficient cash to enable the making of change for record fee purposes. Each custodian shall transmit all record fee moneys collected to the city clerk not less than monthly. Each custodian shall maintain duplicates of all records and copy request forms, completed as to the amount of fee charged and collected, which amounts shall be periodically audited by the clerk-finance officer and treasurer of the city. (Code 2011)

 

                        1-812.                          INSPECTION FEE. (a) Where a request has been made for inspection of any open public record which is readily available to the record custodian, there shall be no inspection fee charged to the requester.

                                                              (b) In all cases not covered by subsection (a) of this section, a record inspection fee shall be charged at the rate of $10 per hour per employee engaged in the record search. A minimum charge of $0 shall be charged for each such request. (Code 2001)

 

                        1-813.                          COPYING FEE. (a) A fee of $.25 per page shall be charged for photocopying public records, such fee to cover the cost of labor, materials and equipment.

                                                              (b) For copying any public records which cannot be reproduced by the city's photocopying equipment, the requester shall be charged the actual cost to the city, including staff time, in reproducing such records. (Code 2001)

 

                        1-814.                          PREPAYMENT OF FEES. (a) A record custodian may demand prepayment of the fees established by this article whenever he or she believes this to be in the best interest of the city. The prepayment amount shall be an estimate of the inspection and/or copying charges accrued in fulfilling the record request. Any overage or underage in the prepayment shall be settled prior to inspection of the requested record or delivery of the requested copies.

                                                              (b) Prepayment of inspection and/or copying fees shall be required whenever, in the best estimate of the record custodian, such fees are estimated to exceed $ 25.

                                                              (c) Where prepayment has been demanded by the record custodian, no record shall be made available to the requester until such prepayment has been made. (Code 2001)

 

                        1-815.                          PAYMENT. All fees charged under this article shall be paid to the custodian of the records inspected and/or copied unless the requester has established an account, for purposes of billing and payment, with the city. (Code 2001)

 

 

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