Sec. 2-101 Membership.
Sec. 2-102 Powers generally.
Sec. 2-103 Titles.
Sec. 2-104 Mayor; Chairman.
Sec. 2-105 Vice-chairman.
Sec. 2-106 Order of business.
Sec. 2-107 Regular meetings.
Sec. 2-108 Call for a special meeting.
Sec. 2-109 Offices and salaries.
Sec. 2-110 Appointment of City Manager.
Sec. 2-111 Members not to interfere with
personnel, etc.
Sec. 2-112 Administrative Departments.
Sec. 2-113 Vacancies.
Sec. 2-114 Appointment of Board of
Commissioners in event of catastrophe.
Sec. 2-201 Administration
by Manager.
Sec. 2-202 Appointment of Manager; terms;
qualifications.
Sec. 2-203 Salary; bond.
Sec. 2-204 Duties of Manager.
Sec. 2-205 Payroll deductions.
Sec. 2-206 Deferred
compensation.
Sec. 2-207 Health plan.
Sec. 2-301 Departments established.
Sec. 2-302 Administrative duties, powers of
City Manager.
Sec. 2-303 City Officers designated;
residency.
Sec. 2-401 Accounting
procedure.
Sec. 2-402 Annual city budget.
Sec. 2-403 Budget control, expenses.
Sec. 2-404 Director of Finance; Duties
generally.
Sec. 2-405 Director of Finance; General
accounting duties.
Sec. 2-406 Director of Finance; Budget duties.
Sec. 2-407 City Clerk, collector of accounts.
Sec. 2-408 Petty cash fund; established.
Sec. 2-409 Amount of fund.
Editor’s note-The City of Ottawa, Kansas, is a City of the Second
Class with the City Manager-Commissioner plan form of government. The Manager-Commission plan was adopted by
referendum on April 5, 1970.
Cross reference-Administration of the fair housing
provisions, § 20-401 et seq.
State law reference-Manager-Commission plan,
K.S.A. 12-1001 et seq.
Sec. 2-410 City Clerk’s fund.
Sec. 2-411 Police Department’s fund.
Sec. 2-412 Auditorium Department fund.
Sec. 2-413 City Treasurer; collection of taxes
and other monies; quarterly report.
Sec. 2-414 City Treasurer; Deposits.
Sec. 2-415 City Treasurer; Disbursements.
Sec. 2-415A City Treasurer; Record of warrant and
warrant-checks.
Sec. 2-416 Central purchasing; purchasing
agent.
Sec. 2-417 Inactive funds; defined.
Sec. 2-418 Inactive funds; investment.
Sec. 2-419 Bank time deposit; open account.
Sec. 2-420 Care and custody of investments.
Sec. 2-421 Interest from investments.
Sec. 2-422 Record of investments.
Sec. 2-423 Employee Benefits Contribution
Fund; established.
Sec. 2-4A01 Established.
Sec. 2-4A02 Policy objective.
Sec. 2-4A03 Use of funds for studies permitted.
Sec. 2-4A04 Plan of operation.
Sec. 2-4A05 Financing implementation and
operation.
Sec. 2-4A06 Investing funds.
Sec. 2-4B01 Established; definition.
Sec. 2-4B02 Policy objective.
Sec. 2-4B03 Plan of operation and equipment
inventory.
Sec. 2-4B04 Investing funds.
Sec. 2-501 Oath of appointed officers.
Sec. 2-502 Oaths; forms and filing.
Sec. 2-503 Bonds; Required.
Sec. 2-504 Bonds; Nature and approval.
Sec. 2-505 Bonds; Required before taking
office.
Sec. 2-506 Bonds; To be kept in force.
Sec. 2-601 Compensation.
Sec. 2-602 Employee classification; salary
schedules.
Sec. 2-603 Allowances and reimbursements.
Sec. 2-701 Social Security.
Sec. 2-801 Employees retirement.
Sec. 2-901 Destruction of old City Records.
Sec. 2-902 Records to be preserved.
Sec. 2-903 City Manager’s duty; decision of
Board of Commissioners; minutes.
Sec. 2-904 Records to be photographed, etc.
Sec. 2-905 File of photographs; destruction of
original records.
Sec. 2-1001 Determination of state of emergency.
Sec. 2-1002 Designation of affected area.
Sec. 2-1003 Emergency measures.
Sec. 2-1004 Noncompliance with authorized orders;
penalty.
Sec. 2-1005 Article controls over conflicting
provisions.
Sec. 2-1101 Definitions.
Sec. 2-1102 Appointment of official custodians.
Sec. 2-1103 Designation of additional record
custodians.
Sec. 2-1104 Duties of custodians.
Sec. 2-1105 Requests for public records.
Sec. 2-1106 Procedures regarding inspection and
copying of public records.
Sec. 2-1201 Notice of claim; approval or denial.
ARTICLE I.
BOARD OF COMMISSIONERSS
Sec. 2-101 Membership.
The Board of Commissioners shall consist of five
Commissioners, who shall be elected as provided in K.S.A. 12-1005K and
amendments thereto, and may be referred to in the ordinances of the City as the
“Commissioners”, “Governing Body”, “Board of Commissioners” or “Commission”.
(Code 1982)
State law reference-Governing Board under
Commission-Manager plan, K.S.A. 12-1006.
Sec. 2-102 Powers
generally.
All powers now exercised by Cities of the Second
Class, or which shall hereafter be conferred upon them, shall be exercised by the
Board of Commissioners, insofar as they do not conflict with the provisions of
the statutes relating to the Commission-Manager plan of government and the
creation of the Office of City Manager.
(Code 1982)
State law reference-Similar provisions, K.S.A.
12-1002.
Sec. 2-103 Titles.
No distinction shall be made in title or duties
among the Commissioners.
(Code 1982)
State law reference-Similar provisions, K.S.A.
12-1006.
Sec. 2-104 Mayor;
Chairman.
The Mayor shall be selected annually by the Board of
Commissioners and shall serve as Chairman of the Board of Commissioners, and
have the title of Mayor during her/his term of office to the end that the City
shall have an official head on formal occasions. The Mayor shall have such other duties as shall
be imposed upon that office by the laws of the State, which shall not be
inconsistent with the City Manager form of government.
(Code 1982)
State law reference-Similar provisions, K.S.A.
12-1007.
Sec. 2-105 Vice-chairman.
The Board of Commissioners shall choose a
Vice-Chairman. In the absence of the
Mayor from any meeting of the Board of Commissioners, the Vice-Chairman of the
Board of Commissioners shall preside, and in the absence of the Mayor from the
City or his inability to perform any of the duties imposed upon his office by
the ordinances of the City or the laws of the State of Kansas, the
Vice-Chairman of the Board of Commissioners shall exercise the duties of the
Office of Mayor to the end that the City has an official head on such occasions. In such cases, the Vice-Chairman may use the
title of “Mayor pro tem.”
(Code 1982)
State law references-Commission-Manager plan,
K.S.A. 12-1001 et seq.; conflicts of interest, K.S.A. 75-4301a et seq.
Sec. 2-106 Order of business.
The Board of Commissioners shall determine its own
order of business.
(Code 1982)
State law reference-Similar provisions, K.S.A.
12-l007.
Sec. 2-107 Regular meetings.
Regular meetings of the Board of Commissioners shall
be held on the first and third Wednesday of each month, and Regular Work Study
Sessions each Monday. The time of the
day of such meetings shall be established by resolution. If a meeting should fall upon a holiday
recognized by the City, such meeting will be canceled or rescheduled as
determined by the Governing Body with proper notification.
REVISED: (Code 1982; Ord. No. 3637-07,
08-01-07) Changed:
1/10/08
State law reference-Meetings, K.S.A. 12-1009.
Sec. 2-108 Call
for a Special Meeting.
A.
A call for a Special Meeting of the Board of
Commissioners shall contain substantially the following:
1. Time
and date of the meeting;
2. Place
of the meeting;
3. Purpose
for which the meeting is called; and
B.
A place for acknowledgment of receipt of notice
and/or an acknowledgment of service of such notice together with time and date
of such service.
C.
A call for a Special Meeting of the Board of
Commissioners must be evidenced by the signature of a majority of the
Commission on the form provided for that purpose.
(Code
1982)
State
law reference-Special meetings,
K.S.A. 12-1009.
Sec. 2-109 Offices
and salaries.
The
Board of Commissioners shall provide for such offices as shall be necessary to
carry out the provisions of State Statutes relating to the Commission-Manager
plan of government. The Board of
Commissioners shall authorize the salaries of all officers and employees as
annually provided in the adopted City budget and pay and position
classification plan.
(Code
1982)
State
law reference-Similar provisions,
K.S.A. 12-1010.
Sec.
2-110 Appointment of City
Manager.
The
Board of Commissioners shall appoint a Manager as provided in Section 2-202 and
shall be responsible for her/his efficient administration of the City’s
business.
(Code
1982)
State
law reference-Appointment of City
Manager, K.S.A. 12-1010.
Sec. 2-111 Members
not to interfere with personnel, etc.
No
member of the Board of Commissioners shall be directly responsible for the
conduct of any Department of the City or the direction of any Department Head
or any employee in the execution of any official duty, except at the express
direction of the City Manager.
(Code
1982)
State
law references-Power of City Manager,
K.S.A. 12-1011, 12-1014.
Sec.
2-112 Administrative
Departments.
Administrative
Departments of the City shall be created by the Board of Commissioners as the
public business may demand.
(Code
1982)
Cross
reference-Administrative Departments,
§ 2-301 et seq.
State
law reference-Similar provisions,
K.S.A. 12-1015.
Sec.
2-113 Vacancies.
A. The
City, by the power vested in it by Article XII, Section 5 of the State
Constitution, hereby elects to make inapplicable to it and exempt itself from
K.S.A. 14-1305, which applies to the City but not uniformly to all cities
within the State, and to provide substitute provisions on the same subject as
provided in Subsection (B) of this section.
B.
In the case of any vacancy on the City
Commission due to any cause, including death, mental or physical incompetence,
or resignation, the remaining Commissioners shall, within 45 days after the
determination by the City Commission that a vacancy exists, appoint a qualified
person to fill such vacancy as an interim successor until the next regular city
election.
C.
If more than 2 candidates file for the vacant
seat, the remaining commissioners shall rank their top two choices from the
candidate pool. Each first choice vote
to be worth 3 points, each second choice vote to be worth 1 point. The top two point recipients advance for
final consideration before the Governing Body.
If there should be a tie for the second of the two advancing positions,
a second vote will be taken concerning the two tying candidates using the same
point system. If a tie remains, lots
shall be cast between the tying parties in order to determine a winner. The method and type of lots shall be
determined by mutual agreement of the two candidates.
D.
If a majority of the City Commission cannot
agree upon a qualified person, between two finalists, to fill such a vacancy,
the tie shall be decided by lots being cast between the two individuals. The method and type of lots shall be
determined by mutual agreement of the two candidates.
REVISED: (Ord. No.
3303-98, 11-18-98)
Sec.
2-114 Appointment of Board of
Commissioners in event of catastrophe.
In
the event of a catastrophe due to any cause, including warfare, accident,
explosion or criminal attack, resulting in the death or obvious incapacity or
unavailability of all members of the Board of Commissioners, the City Manager
shall appoint qualified persons to fill all vacancies on the Board of
Commissioners with interim successors within five days after his determination
that a catastrophe has occurred. If the
City Manager is unable to make such determination and appointments due to death
or his obvious incapacity or unavailability, the City Clerk shall make such
appointments in the City Manager’s stead.
Such named interim successors shall serve on the Commission until new
commissioners are elected at the next regular City election.
(Code
1982)
Cross
reference-Civil Emergencies, Ch.2.
State
law references-Emergency preparedness
plans, K.S.A. 48-931 et seq.; emergency interim successors for local offices
established by ordinance, K.S.A. 48-1206.
ARTICLE II.
CITY MANAGER
Sec. 2-201 Administration
by Manager.
The
administration of the City’s business shall be in the hands of the City
Manager.
(Code
1982)
Sec. 2-202 Appointment
of Manager; term; qualifications.
The
Commission shall, whenever by virtue of a vacancy in the Office of City Manager
it becomes necessary, appoint a Manager who shall be responsible for the
administration of all of the affairs of the City and hold office at the
pleasure of the Board. The City Manager
shall be chosen solely on the basis of administrative ability and the choice
shall not be limited by any residence qualifications at the time of
appointment.
(Code
1982)
State
law reference-Appointment of City
Manager, K.S.A. 12-1010-12-1012.
Sec.
2-203 Salary; bond.
The
City Manager shall receive a salary to be fixed by the Commission and shall
give surety bond at the expense of the City for the faithful performance of his
duties in such amount as may be provided by Section 2-503.
(Code
1982)
State
law reference-Similar provisions,
K.S.A. 12-1013.
Sec. 2-204 Duties
of Manager.
The
City Manager shall be responsible for the administration of all of the affairs
of the City. S/He shall see that the
laws and ordinances are enforced. S/He
shall appoint and remove all heads of departments and all subordinate officers
and employees of the City. All such
appointments shall be made upon merit and fitness alone. S/He shall be responsible for the discipline
of all appointive officers, and may, without notice, cause the affairs of any
Department or the conduct of any officer or employee to be examined. S/He shall prepare and submit the annual
budget to the Board of Commissioners and also keep it advised as to the
financial condition and needs of the City.
S/He may make recommendations to the Commissioners on all matters
concerning the welfare of the city and shall have a seat, but no vote, in all
of the public meetings of the Board of Commissioners. S/He shall perform such other and further
duties as may be required by law or ordinance.
(Code
1982)
State
law reference-Similar provisions, K.S.A.
12-1014.
Sec.
2-205 Payroll deductions.
The
City Manager is authorized and directed to make arrangements for deductions
from payroll.
Cross
reference-Officers and employees, §
2-501 et seq.; residency requirement for officers of the City, § 2-303; City
Manager to execute agreements for the deferred compensation plan, § 2-606;
supervision of the cemetery by the City Manager or designee, § 7-101; City
Manager is the central purchasing agent, § 2-416.
State
law references-City Manager, K.S.A.
12-1010 et seq.; conflicts of interest, K.S.A. 75-4301a et seq. for all or part
of the cost of group health, accident and/or life insurance plans, Kansas
Public Employees Retirement System, and all other deductions as required by
federal and state law. Other deductions
may be made with the written consent of the employee.
(Code
1982)
Sec.
2-206 Deferred compensation.
The
City shall establish a deferred compensation plan for full-time employees,
officers and the City Manager, and authorize the Mayor to execute the deferred
compensation plan with the International City Management Association Retirement
Corporation. The City Manager, City
Clerk or Director of Human Resources Officer may, on behalf of the City,
execute all joinder agreements with all eligible employees, officers and City
Manager, which are necessary for such persons’ participation in the plan,
except that any joinder agreement for such designated official shall be
executed by the Mayor.
(Code
1982)
Cross
reference-City Manager, § 2-201 et
seq.
State
law reference-State deferred
compensation plans, K.S.A. 75-5529a.
Sec.
2-207 Health Plan
The
City hereby exempts itself from the provisions of K.S.A. 12-5040, an act of the
legislature which is not uniformly applicable to cities generally.
REVISED: (Ch.
Ord. No. 11, 07-01-91)
State
law reference-Group health care plan,
K.S.A. 12-5040.
ARTICLE III.
ADMINISTRATIVE DEPARTMENTS
Sec.
2-301 Departments established.
A. The
following Administrative Departments of the City are established:
1. Department
of Fire.
2. Department
of General Government and Finance.
3. Department
of Human Resources.
4. Department
of Planning and Zoning.
5. Department
of Police.
6. Department
of Public Works.
7. Department
of Utilities.
8. Auditorium.
B.
The Departments shall consist of such City
officers and employees and such other persons as may be appointed by the City
Manager. All such City officers and
employees shall be subject to the direction of the City Manager.
REVISED: (Ord. No. 2962-90, 12-27-90)
Cross
reference-Administrative Departments
to be created by the Board of Commissioners, § 2-112.
State
law references-Administrative
Departments, K.S.A. 12-1015; conflict of interest, K.S.A. 75-4301a et seq.
Sec.
2-302 Administrative duties,
powers of City Manager.
The
City Manager shall have the following administrative duties and powers:
A. The
City Manager shall prepare a personnel rules and regulations manual which shall
prescribe and set all conditions of employment.
The personnel rules and regulations manual shall become effective when
approved by the Commission.
B. The City Manager may appoint one person to perform the duties of two or more offices, and the duties of such offices shall not be incompatible with the laws of the State. The City Manager may temporarily perform the duties of any officer during the absence of such officer or when a vacancy exists, s/he may temporarily assign the duties of any such office to any qualified officer.
(Code
1982)
Cross
reference-Boards, Committees and
Commissions, Ch. 5.
State
law reference-Powers of City
Managers, K.S.A. 12-1014.
Sec.
2-303 City officers
designated; residency.
A. The officers of the City shall be: City Manager, City Clerk, City Treasurer, Director of Finance, Director of Public Works, Director of Utilities, Director of Human Resources, Director of Planning and Zoning, Chief of Police, Fire Chief, and such other officers as the Board of Commissioners may deem necessary.
B. All appointments shall be made upon
merit and fitness alone and shall not be limited by any residency qualification
at the time of appointment. As full time
employees, City officers shall reside within
REVISED: (Ord. No.
3166-95, 12-06-95)
Cross
reference-City Manager, § 2-201 et
seq.
ARTICLE IV.
MUNICIPAL ACCOUNTING; FINANCE
Sec.
2-401 Accounting procedure.
The
system of fiscal procedure, accounting and reporting for Cities of the Second
Class in the State of
(Code
1982)
Sec.
2-402
A. Each year, sufficiently prior to
August 1st, the City Manager shall prepare or cause to be prepared the annual
City Budget for the fiscal year beginning the following January 1st. S/He shall
receive estimates from the several City Departments of their requirements for
the coming year and details in such form as may be prepared for the
purpose. The budget shall be prepared in
accordance with Kansas Statutes Annotated, as amended, and the City Manager may
prepare or cause to be prepared such additional details as will reflect the
fiscal needs of the City and make recommendations pertaining thereto. The budget shall be submitted to the
Commission for its approval and notice of the budget hearing and the budget
published in such form as shall be required by law.
B. The budget, as originally prepared
or as may be amended, shall be adopted by the Commission. The budget together with an ordinance levying
the required taxes for the ensuing year shall be certified to the
(Code
1982)
State
law references-City Manager to prepare
budget, K.S.A. 12-1014; budget, K.S.A. 79-2925 et seq.
Sec.
2-403 Budget control,
expenses.
Expenditures of City funds for the payment of any claim against the City shall be lawfully made on the basis of the amount provided therefore in the annual City Budget, which shall be appropriated in total by ordinance prior to January 1, of each year.
(Code
1982)
State
law reference-Budget procedure,
K.S.A. 79-2927 et seq.
Sec.
2-404 Director of Finance;
Duties generally.
The
Director of Finance shall issue all warrants and combined warrant-checks and
perform such other accounting duties and keep such fiscal records as may be
required of him by the City Manager.
(Code
1982)
Cross
reference-Officers and employees, §
2-501 et seq.
State
law reference-Warrants, K.S.A. 10-801
et seq.
Sec.
2-405 Director of Finance;
General accounting duties.
A. All claims, bills and accounts
against the City shall be filed with the Director of Finance, who shall examine
them in detail and prepare the allowance and payment. S/He shall keep books and
accounts of all receipts and disbursements of money and put under proper
headings each source of receipts and the cause of its disbursement, and shall
keep such other accounts as may be necessary to show a complete financial
statement of the City.
B. The Director of Finance shall be
prepared at every meeting of the Commission to give such information concerning
the finances as may be required.
C. At the end of each month, the
Director of Finance shall strike a trial balance of all books, showing a
complete and accurate statement of the financial condition of the City. At the close of the fiscal year, the Director
of Finance shall make a complete and accurate statement showing in detail the
receipts of the City from all sources and the expenditures of the City for all
purposes.
(Code
1982)
State
law references-Finance and revenue,
accounting, K.S.A. 75-1120 et seq.; annual audit, K.S.A. 75-1122; itemized
budget required, forms, K.S.A. 79-2927.
Sec.
2-406 Director of Finance;
Budget duties.
The
Director of Finance shall open and keep an account of each fund of the annual
budget, showing the total amount budgeted for the fund, the date and the
amounts paid out of the fund.
(Code
1982)
State
law reference-Funds appropriated by
the budget, record required, K.S.A. 79-2934.
Sec.
2-407 City Clerk; collector of
accounts.
The
City Clerk shall by virtue of his office be the collector of all monies and
accounts due the City by reason of any ordinance requiring the payment of license,
user, connection, contract fees or taxes, permits and other charges for the
sale of water, electricity or other services offered by the City. S/He shall keep the accounts of the Utility
Department and any other Departments, rendering bills therefore, and shall
collect and account for all monies received by his office from all such
sources. Such monies shall be paid over
to the City Treasurer in a timely manner.
(Code
1982)
State
law references-Municipal accounting,
K.S.A. 76-1120 et seq.; annual audit, K.S.A. 75-1122.
Sec.
2-408 Petty cash fund;
established.
There
is hereby established a petty cash fund in the City Clerk’s Office, Planning
and Zoning Office, Police Department Office and Auditorium Authority
Office. Such funds shall be used to pay
postage, freight, temporary labor and other authorized expenses.
REVISED: (Ord. No.
2962-90, 12-27-90)
Sec.
2-409 Amount of fund.
Such
petty cash funds shall not exceed at any one time the sum of $1,000.00, and
shall be paid out on order of the City Clerk, Chief of Police or his designee,
or the Auditorium Director by voucher which shall clearly state its purpose.
REVISED: (Ord. No.
2962-90, 12-27-90)
Sec.
2-410 City Clerk’s fund.
Whenever
the petty cash fund becomes low or depleted, the City Clerk shall prepare
vouchers covering such expenses as have been paid from the petty cash fund and
shall process the vouchers in the same manner as are all other items of
indebtedness against the City. Warrants
issued therefore shall be payable to the petty cash fund and shall be deposited
therein to restore such petty cash fund to its original amount for use as
provided in this division.
(Code
1982)
Sec.
2-411 Police Department’s
fund.
The
Police Department’s petty cash fund shall be funded by receipts from fees for
the distribution of accident reports and driver’s license records.
REVISED: (Ord.
No. 2962-90, 12-27-90)
Sec.
2-412 Auditorium Department
fund.
The
Auditorium Department’s petty cash fund shall be funded by ticket receipts.
(Code
1982)
Sec.
2-413 City Treasurer;
Collection of taxes and other monies; quarterly report.
The
City Treasurer shall receive from the
(Code
1982)
State
law references-Quarterly report
required, K.S.A. 12-1608; distribution of taxes by the County, K.S.A. 12-1678a.
Sec.
2-414 City Treasurer;
Deposits.
All
public monies that are received and are the responsibility of the City
Treasurer shall be deposited in a bank or banks within the City, but only after
such bank or banks have been designated by the Commission as a depository bank
as qualified to receive deposits of public monies in accordance with the
provisions of law. The Treasurer shall
make all such deposits in his name as Treasurer of the City of
(Code
1982)
State
law reference-Deposit of public
funds, K.S.A. 9-1401(b).
State
law references-Municipal
depositories, K.S.A. 9-1401 et seq.; municipal finance, warrants, K.S.A. 10-801
et seq.
Sec.
2-415 City Treasurer;
Disbursements.
The
City Treasurer shall pay out the funds of the City upon warrants or
warrant-checks drawn by the Director of Finance and countersigned by the City
Manager. The Treasurer shall not
knowingly pay any order, warrant, check or other evidence of indebtedness out
of the treasury in excess of the funds actually on hand in the treasury at the
time for such purpose unless such payment is authorized in the manner
authorized by law as an exception to the “cash basis act.” The Treasurer shall
keep a record of the amount of money on hand in the treasury, which record
shall show at all times the amount in each particular fund and each order,
warrant, warrant-check or other evidence of indebtedness drawn on the treasury
and paid.
(Code
1982)
State
law reference-Warrants, K.S.A. 10-801
et seq.
Sec.
2-415A City Treasurer; Record of
warrants and warrant-checks.
The City Treasurer shall keep a correct record of all warrants and all warrant-checks issued, showing the number, date and amount thereof, on what fund drawn, and the name of the person or party to whom such warrants or warrant-checks are made payable.
(Code
1982)
State
law reference-Similar provisions,
K.S.A. 10-804.
Sec.
2-416 Central purchasing;
purchasing agent.
The
City Manager shall, subject to Section 2-401, make suitable rules and
regulations for the purchase and procurement of all supplies, equipment and
replacements required by the several City Departments. S/He may appoint a City Purchasing Agent and
channel all procurements authorized in this article through such office,
subject however, to such exceptions for purchase of items of immediate
necessity as may be required by the several City Departments.
(Code
1982)
Cross
reference-City Manager, § 2-201 et
seq.
State
law reference-Purchases, K.S.A.
75-3740a.
Sec. 2-417 Inactive
funds; defined.
All
monies of the City of
(Code
1982)
Sec.
2-418 Inactive funds;
investment.
The
inactive funds of the City in accordance with the procedure hereinafter
prescribed may be invested in:
A. Direct obligations of the United
States Government which are guaranteed as to principal.
B. Temporary
notes of the City issued pursuant to K.S.A. 10-123 as amended.
C. Bank
time certificates of deposit which are protected by the Federal Deposit
Insurance Corporation.
D. No-fund warrants of the City.
E. Savings
and loan certificates of deposit which are protected by the Federal Savings and
Loan Insurance Corporation.
F. Municipal
Investment Pool of the State of
(Code
1982)
Sec.
2-419 Bank time deposit; open
account.
The
term “bank time deposit, open account”, as used in Section 2-418 of this
Article, means a city bank account which is a bank deposit, other than a time
certificate of deposit, with respect to which there is in force a written
contract between the City and the designated bank which provides that neither
the whole nor any part of such deposit may be withdrawn, by check or otherwise,
prior to:
A. The
date of maturity which shall be not less than one (1) day after the date of
deposit, or;
B. The expiration of the period of notice which must be given by the City in writing not less than thirty (30) days in advance of withdrawal.
The
bank in which the deposit is made shall have given adequate security as
provided by law for such bank time deposit, open account.
(Code
1982)
Sec.
2-420 Care and custody of
investments.
Investments
purchased shall be under the joint care and control of the Director of Finance
and the City Treasurer.
(Code
1982)
Sec.
2-421 Interest from
investments.
All
interest earned by the investment of said inactive funds shall be credited
pro-rata to the fund or funds from which the investment was made.
(Code
1982)
Sec.
2-422 Record of investments.
The
City Treasurer shall at all times maintain a complete and detailed record of
all investments.
(Code
1982)
Sec.
2-423 Employee benefits
contribution fund; Established.
A. The City hereby establishes an
employee benefits contribution fund for the purpose of paying the employer’s
share of employee benefits prescribed by Subsection (b) of this Section.
B. The employer’s share of the cost of
employee benefits authorized for payment after January 1, 1993, from the fund
created by Subsection (a) of this Section shall include the following:
1. Social Security.
2.
3. Kansas
Police and Firemen’s Retirement System.
4. Worker’s
Compensation Benefits.
5. Employment
security, unemployment compensation benefits.
6. Health,
disability and life insurance benefits.
REVISED: (Ord. No.
3057-93, 02-17-93)
Article IV-A.
Capital Improvements Fund
Sec.
2-4A01 Established.
In
accordance with the provisions of Chapter 67, 1985 Session Laws of Kansas, there is hereby established a Capital
Improvements Fund which shall be used by the City to finance, in whole or in
part, any public improvement need set forth in the City’s Capital Improvement Plan.
(Code
1982)
Sec.
2-4A02 Policy objective.
It
is the objective of the Commission that such fund shall be used primarily to
provide a financing mechanism for the repair, restoration, and rehabilitation
of existing public facilities as well as construction of new public
facilities. Further, it is the intent of
the City to utilize current revenues credited to such fund to the maximum
extent possible in order to meet the City’s present and future public infrastructure
needs and to avoid the costs of unnecessary indebtedness.
(Code
1982)
Sec.
2-4A03 Use of funds for studies
permitted.
Monies
in such fund may be used to pay the cost of engineering and other advanced
public improvement plans and studies, with the fund periodically reimbursed
from such fund balance, bond proceeds, special assessments, or state or federal
grants-in-aid that may be available for the completed project. No expenditures for such purposes may be made
except on a finding of the Commission of its probable intent to proceed with
the improvement following such engineering or advanced study.
(Code
1982)
Cross
reference-Fire insurance proceeds, §
9-908 et seq.
State
law reference-Capital Improvement
Fund, K.S.A. 12-1,118.
Sec.
2-4A04 Plan of operation.
The
City Manager shall submit to the Board of Commissioners a plan of operation for
the implementation of this article. Such
plan shall be in accordance with the City’s Capital Improvements Program as
recommended by the City Planning Commission and as adopted in June of each year
by the Board of Commissioners. The plan
of operation shall incorporate the Capital Improvements Plan’s annual
priorities for infrastructure improvements as determined by the Board of
Commissioners, and suggested recommendations for the financing of such
improvements.
(Code
1982)
Sec.
2-4A05 Financing implementation
and operation.
A. The implementation of the plan of
operation shall provide for transferring from the revenues of the general fund
to the Capital Improvements Fund an amount equal to the estimated revenue to be
received by the City in the following year from one-half cent ($0.005) local
sales tax receipts, except that if a major capital improvement financed from
the proceeds of such fund results in a substantial increase in operating and maintenance
costs of a City Department for which the improvement is constructed and further
if the affected department is financed solely or in part by the general fund
tax levy, the City may reduce the amount being transferred from the
aforementioned one-half cent ($0.005) sales tax revenue to the Capital
Improvements Fund by an amount equal to one-half (1/2) of the annual projected
increase in the Department’s operating costs resulting from the activity’s
first full year of operation; one-half 1/2) of the increase in the operating
costs (established from the first year) for the second full year of operation,
and continuing through the first five (5) years of the new facility’s
operation; and zero (0) amount set aside for operations thereafter. Implementation may also include revenues of
the general fund authorized by Charter Ordinance (K.S.A. 79-5001) of the tax
lid law, thus exempting a levy amount so designated by the Board of
Commissioners for the Capital Improvements Fund.
B. Other revenues may, from year to
year, be transferred to said fund as designated by the Board of Commissioners
and as budgeted through the annual adopted budget process.
(Code
1982)
Sec.
2-4A06 Investing funds.
Monies
in the Capital Improvements Fund shall be invested in accordance with the
provisions of K.S.A. 10-131 and amendments thereto, with interest thereon
credited to such fund.
(Code
1982)
Sec.
2-4B01 Established; definition.
In
accordance with the provisions of Chapter 65, 1988 Session Laws of Kansas,
there is hereby established an Accumulated Depreciation Equipment Reserve Fund,
which shall be used by the City to finance the replacement of equipment
necessary for the performance of various functions and services of the
City. For the purpose of this division,
the word “equipment” shall mean machinery, vehicles and other equipment
(including office equipment), or personal property which has an estimated
future purchase or replacement cost in excess of $20,000.00 or a life
expectancy of not less than five (5) years.
(Code
1982)
Sec.
2-4B02 Policy objective.
It
is the policy objective of the Board of Commissioners that the Accumulated
Depreciation Equipment
Reserve
Fund shall be used as a financing mechanism for the planned and orderly
replacement of equipment necessary for the efficient and effective operation of
the City, as well as providing financial assistance for emergency replacements
of equipment as deemed necessary by the Board of Commissioners. It is the further intent of the Board of
Commissioners to annually approve the budgeting of sufficient revenue and/or
transfers thereof to finance such equipment purchases.
(Code
1982)
Sec.
2-4B03 Plan of operation and
equipment inventory.
A. The City Manager shall submit to the
Board of Commissioners a plan of operation for the implementation of this
ordinance, which plan shall include proposed guidelines for determining the
amounts to be transferred from the various operating funds and accounts of the
City’s annual budget to the Accumulated Depreciation Equipment Reserve Fund,
the timing of actual money transfers, and the procedure for authorizing
expenditures from such fund as well as an equipment inventory of equipment to
be replaced through the accumulated depreciation method. Funds transferred to
such Reserve Fund shall not be limited solely to budgeted equipment
depreciation expenditure transfers, but may include other authorized budgeted
transfers.
B. The City Manager shall include in
the proposed budget an amount sufficient to cover necessary accumulated
depreciation costs for equipment designated on the reserve equipment inventory,
plus an amount approximately equal to the proposed annual expenditures for such
equipment purchases.
C. The City Manager shall submit with
the proposed annual budget a proposed equipment replacement program and
equipment inventory for the following three years. The proposed budget shall include an amount
sufficient to finance proposed equipment replacements for the following year,
plus an amount to be reserved for future replacements.
(Code
1982)
Sec.
2-4B04 Investing funds.
Monies
in the equipment reserve fund shall be invested in accordance with the
provisions of K.S.A. 10-131 and amendments thereto, with interest thereon
credited to such fund.
(Code
1982)
ARTICLE V.
OATHS AND BONDS
Sec.
2-501 Oath of appointed
officers.
All
appointed officers of the City, 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), as follows:
“I do solemnly swear (or affirm, as the case may be)
that I will support the Constitution of the
(Code
1982)
State
law reference-Oath may be required,
K.S.A. 14-205,
Sec.
2-502 Oaths; forms and filing.
All
officers and employees required by law to take and subscribe or file any oath
or affirmation shall be supplied the necessary forms for the purpose, at the
expense of the City, and upon the taking and subscribing or signing of any such
oath or affirmation, such oath or affirmation form, the same shall be filed
with the employment record of the employee or officer.
(Code
1982)
Sec.
2-503 Bonds-Required.
The
Commission is authorized to fix by resolution the amount and condition of any
surety bond to be given by any officer or employee of the City before entering
upon the duties of his office or employment.
Except as may otherwise be required by law, the bond shall be
conditioned for the faithful performance of all the duties of his office for
the officer or employee executing the bond.
The Commission may, at its discretion, increase the amount of any bond
or may require bonds of other officers or employees as it may deem expedient;
provided, that the City Manager, Director of Finance and the City Treasurer
shall, before entering upon the duties of their office, give a good and
sufficient surety bond executed by a responsible bonding company authorized to
do business in the state, payable to and for the use and benefit of the City,
in the sum of $25,000.00, or an additional amount established by resolution,
conditioned for the faithful discharge of their duties, and that such officers
will save the City harmless from all loss caused by their neglect of duty or
malfeasance in office or for the willful expenditure or misappropriation of any
monies, property or equities of the City in violation of law. The cost of such surety bonds required of the
City Manager and all officers and employees of the City required to furnish
such bonds shall be borne by the City.
(Code
1982)
State
law references-Bond may be required,
K.S.A. 14-205; payment of premiums, K.S.A. 78-111.
Sec.
2-504 Bonds; Nature and
approval.
The
bonds of all officers and employees shall be filed with the City Clerk, except
the City Clerk’s bond, which shall be filed with the City Treasurer. All bonds shall be approved as to form by the
City Attorney and shall be approved by the Board of Commissioners, such
approval being endorsed thereon by the Mayor.
(Code
1982)
Sec.
2-505 Bonds; Required before
taking office.
No
person required to give bond shall perform any of the duties of the office to
which appointed without first having given the bond as required in Section
2-503 and obtained its approval.
(Code
1982)
Sec.
2-506 Bonds; To be kept in
force.
No
person shall continue to perform the duties of any office for which a bond is
required after the bond has expired or has been canceled or otherwise is not in
effect, unless such bond has been renewed or another bond has been given and
approved.
(Code
1982)
ARTICLE VI.
COMPENSATION AND SALARIES
Sec.
2-601 Compensation.
A. The City Commission is authorized
and directed to establish the salaries and compensation of the officers and
employees at such time as the annual budget is adopted and appropriated by
ordinance. All such officers and
employees shall be entitled to compensation in accordance with the budget for
such purposes.
B. Each member of the Board of
Commissioners shall receive the annual sum of one thousand two hundred dollars
($1,200.00) the same to be payable quarterly with the first pay period in January,
April, July, and October of each year.
REVISED: (Ord. No.
3254-98; 01-21-98)
State
law references-Salaries and
compensation, K.S.A. 12-1010; salary of City Manager, K.S.A. 12-1013, 12-1023.
Sec.
2-602 Employee classification;
salary schedules.
The
City Manager shall prepare an employee position classification plan in which
all employee positions will be classified by title or grade specifying the
duties to be performed by each employee within each classification, except
those employees designated by the City Manager to be unclassified. The City Manager shall, at the time of
preparing the annual city budget, establish schedules for the compensation of
all employees deemed to be required by each department for the budget
year. The schedule shall be submitted to
the commission for its approval. When
the schedules have been approved, such schedules shall govern the compensation
of all employees classified there under.
The personnel record of each such employee shall show the current title
or grade of employment and the rate of compensation; provided, that the
schedule for compensation of employees as prepared for the budget and approved
by the Board of Commissioners may be amended or changed from time to time
during the budget year by the Board of Commissioners. The City Manager shall each two weeks cause
to be prepared payrolls in accordance with the scheduled rate of compensation
for all employees. Each Department Head
shall certify the payroll for the members of his or her department. The Director
of Finance shall draw the necessary warrant or warrant-check in the regular
manner for payment of the payroll.
(Code
1982)
Sec.
2-603 Allowances and
reimbursements.
The
City Manager is authorized to reimburse or pay suitable allowances to any City
officer or employee for any authorized expenses incurred by him or her on
behalf of the City or for the use of his or her own vehicle or equipment in
performing his or her duties. Such sums
shall be claimed and allowed as other City claims are paid.
(Code
1982)
ARTICLE VII.
SOCIAL SECURITY
Sec.
2-701 Social Security.
Title
II of the Social Security Act shall extend to the employees of the City.
(Code
1982)
State
law reference-Old age and survivor’s
insurance, K.S.A. 40-2305.
ARTICLE VIII.
RETIREMENT SYSTEM
Sec.
2-801 Employees’ retirement.
The
Kansas Public Employees Retirement System shall extend to the employees of the
City.
(Code
1982)
State
law reference-Kansas Public Employees
Retirement System, K.S.A. 74-4901 et seq.
ARTICLE IX.
OLD CITY RECORDS
Sec.
2-901 Destruction of old City
records.
The
City Clerk or any other officer or employee of the City charged with the
custody of having the following records, documents or other papers may, subject
to the provisions of Section 2-903, destroy such records, documents or other
papers after they have been on file for the period stated:
A. Claims (and the purchase orders attached thereto) presented and allowed by the Board of Commissioners or the Board, Commission, Department, Bureau or Officer authorized to allow such claims, 15 years.
B. Warrants or warrant-checks, whether originals or duplicates, that have been stamped or marked paid as provided by law, five years.
C. Duplicates
of receipts or stubs of receipts issued, five years.
D. Duplicates
of utility bills sent to customers, five years.
E. Bookkeeping
or accounting records of utility customers’ accounts, five years, except that
the period for the records of deposits to guarantee the payment of bills or the
return of meters shall begin when the account is closed or the customer ceases
to receive service.
F. Duplicates or stubs of licenses issued for license fees or occupational taxes, five years.
G. Bonds
of officials, officers or employees, 15 years, the period to begin at the date
of the termination of the term of employment.
H.
Insurance policies, five years, the period to
begin at the expiration of the policy unless a rate case is pending.
I. Canceled
checks, five years.
J. Requisitions and duplicate purchase
orders, five years.
K. Bonds and coupons stamped paid or
canceled and returned by the State Fiscal Agent, five years, the period to
begin at the date of maturity of the bond or coupon.
(Code
1982)
State
law reference-Record retention for
schedule period required, K.S.A. 45-403.
State
law reference-Preservation of public
records, K.S.A. 45-401 et seq.
Sec.
2-902 Records to be preserved.
Nothing
in Section 2-901 shall be deemed to apply to records, documents or papers not
specifically mentioned nor to authorize the destruction of records, documents
or papers which in their nature should be preserved permanently, nor to
prohibit destruction of records, documents or papers obviously of only
temporary value after a reasonable time.
(Code
1982)
Sec.
2-903 City Manager’s duty; decision of Board of Commissioners; minutes.
Before
destroying any records, papers or documents specifically mentioned in this
division, the City Clerk or other officer charged with the custody of such
records, papers or documents shall present the question of the advisability of
ordering such destruction to the City Manager.
The City Manager shall present his recommendations to the Board of
Commissioners for its action thereon.
The City Clerk shall keep suitable minutes of any such matter before the
Commission describing the records, documents and papers to be destroyed and a
record of the final destruction.
(Code
1982)
Sec.
2-904 Records to be
photographed, etc.
The
Commission may cause any or all records, documents or papers to be
photographed, micro photographed or reproduced on film. Such photographic procedure shall comply with
the minimum standards of quality approved for permanent photographic records by
the National Bureau of Standards and the device used to reproduce such records
on such film shall be one which accurately reproduces the original thereof in
all details.
(Code
1982)
State
law reference-Micro photographic
copies of records, K.S.A. 45-412.
Sec.
2-905 File of photographs;
destruction of original records.
Whenever
photographs, microphotographs or reproductions on films shall be placed in
conveniently accessible files and provisions made for preserving, examining and
using such photographs, microphotographs or reproductions on films, the
Custodial Officer may, with the recommendation of the City Manager and approval
of the Commission, cause the originals from which the photographs or
microphotographs have been made or any part thereof to be deposited in a safe
place if such originals are of permanent value or destroyed if not of permanent
value.
(Code
1982)
ARTICLE X.
EMERGENCY GOVERNMENT
Sec.
2-1001 Determination of State of
During
times of public crises resulting from disaster, enemy attack, rioting,
catastrophe, or other public emergency within the City or reasonable
apprehension thereof, the Mayor, or in his absence the Mayor pro tem, may
proclaim a state of emergency upon his own volition; provided, that prior to
such proclamation, the Mayor or Mayor pro tem shall find that because of disaster,
enemy attack, rioting, catastrophe, or other public emergency:
A. The
public peace and safety are imperiled;
B. Human
life and property are endangered by such emergency conditions; or
C. The
normal and ordinary processes of the local government are inadequate to
safeguard the public peace and safety and the lives and property of the
citizens of the City.
(Code 1982)
State law reference-State of emergency, local disasters, K.S.A. 48-932.
Sec.
2-1002 Designation of affected
area.
Upon
proclamation of a state of emergency, the Mayor or Mayor pro tem shall
designate the boundaries of the affected area within the City if the entire
City is not found to be in a State of
(Code
1982)
Sec.
2-1003 Emergency measures.
Rules
and regulations relating to emergency measures shall be promulgated as follows:
A. Following
his proclamation of a State of
1. Rules and regulations providing for the control of traffic, including public and private transportation, within the affected area or any section thereof.
2. Designation
of specific zones within the affected area within which occupancy and use of
buildings and ingress and egress of persons and vehicles may be prohibited or
regulated.
3. Control of places of amusement and assembly and of persons on public streets and thoroughfares.
4. Establishment
of curfews.
5. Control
of the sale, transportation and use of alcoholic and cereal malt beverages.
6. Control of the possession, sale, carrying and use of firearms, other dangerous weapons, explosives, ammunition and inflammable materials deemed to be dangerous to public safety.
B. Such
orders, rules and regulations shall be effective from the time and in the
manner prescribed in such orders, rules and regulations and shall be made
public as provided therein.
C. Such orders, rules and regulations may be amended, modified or rescinded from time to time by the Mayor or Mayor pro tem during the pendency of the State of Emergency, but shall cease to be in effect upon declaration of the Mayor or Mayor pro tem that the emergency no longer exists.
(Code
1982)
State
law reference-Emergency preparedness,
K.S.A. 48-904 et seq.
Sec.
2-1004 Noncompliance with
authorized orders; penalty.
Any
person who shall willfully fail or refuse to comply with the orders of the duly
authorized law enforcement officers or other personnel charged with the
responsibility of enforcing orders, rules or regulations promulgated as
authorized in this article shall be guilty of a Class B Misdemeanor.
(Code
1982)
Sec.
2-1005 Article controls over
conflicting provisions.
The
provisions of this article shall control and be supreme if it shall be
employed, not withstanding any Charter Ordinance or other ordinance provision
to the contrary.
(Code
1982)
ARTICLE XI.
PUBLIC RECORDS
Sec.
2-1101 Definitions.
The
following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
Public record- means
any recorded information, regardless of form or characteristics, which is made,
maintained or kept by or is in the possession of any public agency, and shall
not include records which are exempt by law or are owned by a private person or
entity and are not related to functions, activities, programs or operations
made, maintained or kept by an individual who is a member of the Board of
Commissioners.
(Code
1982)
Cross
reference-Definitions and rules of
construction generally, § 1-102.
State
law reference-Similar provisions,
K.S.A. 45-217(f)(2).
State
law references-Open records act,
K.S.A. 46-215 et seq.; public records, K.S.A. 75-3501.
Sec.
2-1102 Appointment of official
custodians.
The
following City officers are hereby appointed as official custodians of public records
of the City:
A. City Manager: All public records kept in the City Manager’s Office and all other public records kept in any Department of the City, except records kept and maintained in the City Clerk’s Office.
B. 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 article.
(Code
1982)
Sec.
2-1103 Designation of additional
record custodians.
Each
of the official custodians appointed in Section 2-1102 is hereby authorized to
designate any subordinate officers or employees to serve as record
custodian. 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
1982)
Sec.
2-1104 Duties of custodians.
All
City officers and employees appointed or designated under this article shall:
A. Protect
public records from damage and disorganization.
B. Prevent
excessive disruption of essential functions of the City.
C. Provide
assistance and information upon request.
D. Ensure efficient and timely action
and respond to all applications for inspection of public records.
E.
Carry out the
procedures adopted by the City for inspecting and copying public records.
(Code
1982)
Sec.
2-1105 Requests for public
records.
All
members of the public, in seeking access to, or copies of, a public record
shall address their requests to the custodian charged with responsibility for
the maintenance of the record sought to be inspected or copied in accordance
with the administrative policy for making a request. Whenever 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 possession and for which s/he 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
1982)
State
law reference-Procedures for
obtaining access to public records, K.S.A. 45-220.
Sec.
2-1106 Procedures regarding
inspection and copying of public records.
The
following procedures are hereby adopted and shall be applied by each official
custodian and record custodian:
A. Record custodians shall adopt and apply uniform public record access and copy procedures which will ensure the protection and preservation of public records with respect to the manner in which such records are inspected and copied and which are consistent with the policies of the City and with law. Specifically, such procedures will inform members of the public of:
1. The procedures to be followed in
making a request for inspection or for a copy of a public record, including the
hours during which record inspection or copy requests may be made.
2. To whom a request is to be made.
3. The
forms to be completed in making a request.
4. The
schedule of fees charged.
B. Record custodians shall take action necessary to provide assistance and full access to public records to persons who request access to a public record in a timely and efficient manner; and shall take action(s) necessary to ensure that the essential functions of the custodian’s office, department or agency are not disrupted by requests for record inspection and copying.
C. The
party requesting access to or a copy of a public record must be an individual
person. The person requesting the
inspection of or a copy of a public record shall make such request in writing
on the form provided prior to the request being honored. A written request is sufficient if it
reasonably describes the record sought.
In instances where the requester cannot provide sufficient information
to identify a record, the custodian shall assist in making such identification.
D. All inspections and copying of public records shall be performed by, or under the supervision of, the record custodian, or his or her designee, who is responsible for such records.
E. Mechanical
reproduction of a record shall not be undertaken when, in the judgment of the
record custodian, available means of mechanically reproducing the subject record
is likely to cause damage to such record.
F. No
records shall be removed from the office where kept and maintained.
G. In cases where a request for a specific record gives the record custodian reason to believe that the record contains information of a personal nature which, if disclosed, would constitute an unwarranted invasion of personal privacy, the record custodian shall inform the requester that a 72-hour waiting period must run before such record can be inspected. During that 72-hour waiting period, the record custodian shall make every reasonable effort to determine the identity of those persons whose privacy interest may be so affected by disclosure. The record custodian shall attempt to contact such persons and ascertain whether or not they or any of them, would seek a court order challenging disclosure. If so, the record custodian shall deny inspection pending the outcome of litigation or an intervening court order.
H. Fees
to defray costs of providing access to and copying of requested public records
shall be determined by resolution.
I. The
record custodian shall notify the record requester, prior to commencing search
of the record or copying thereof, of his estimate of the fee which will be
required for honoring the request.
J. Fees for record inspection or for
copying are due at the time the records or copies thereof are provided to the
requester, unless the record custodian has demanded that prepayment of all or
part of such fees be made. Fees are to
be paid to the City.
K. The
record custodian may require full or partial prepayment of fees. Prepayment may or may not be required of a
requester who maintains an account in good standing with the City for purposes
of payment for record fees.
L. The record custodian may exercise his discretion to reduce or waive any inspection or copying fees when such is in the public interest.
M. No
record inspection or copying charge shall be assessed against officers or
employees of the City who make requests which are reasonably necessary to the
performance of their official duties.
N. Records
which have been reproduced for free public distribution shall not be subject to
a fee or requirement that the requester complete a written request form.
O. No
inspection or copy fee will be assessed when a denial of a request is
made. The record custodian shall
maintain a record of all instances where a request is denied.
P. The procedures outlined in this Section, as well as any other inspection and copying procedures, shall be made available in the office of each record custodian.
(Code
1982)
State
law reference-Procedures for
obtaining public records required, K.S.A. 45-220
State
law references-Certain records not
required to be open for public inspection, K.S.A. 45-221; cost of reproduction,
actual cost, K.S.A. 45-219(c).
ARTICLE XII.
TORT CLAIMS
Sec.
2-1201 Notice of claim; approval
or denial.
A. It shall be the duty of the City
Clerk to provide the Form of Notice required by this article. A notice required by this article shall be
filed with the City Clerk. A notice form
shall be compiled by the City Clerk, shall comply with K.S.A. 12-105b(d), and
shall be approved by the City Attorney.
Further, the notice must state:
1. The name and address of the
claimant and the claimant’s attorney.
2. Statements of the factual basis of the claim, including date, time, place and circumstances of the event.
3. Name and address of any involved public employee or official known to the claimant;
4. A
statement of the nature and extent of injuries suffered; and
5. The amount of monetary damages sought.
B.
Once the claim is filed with the City Clerk, the
City, through the City Manager, shall have one hundred twenty (120) days to
approve, in whole or in part, the claim presented to the City. If the City does not act within one hundred
twenty (120) days, then the claim shall be deemed denied.
(Code
1982)
State
law reference- Similar provisions,
K.S.A. 12-105b(d).
State
law reference- Tort claims, K.S.A.
12-105a, 12-105b.