At the first regular meeting in May of each year, the mayor, with the consent of the council may appoint a city clerk, city treasurer, municipal judge, city attorney, chief of police, assistant chief of police, fire chief, city superintendent who will have charge of the streets, sewers, water and other utilities, assistant city superintendent and such other officers and employees as may be deemed necessary. A majority of all the members of the council may remove any such officer; or for good cause, the mayor may remove any such officer, with the consent of the council.

(Code 2005, 1-401; K.S.A. 15-204; K.S.A. 12-16,128; Code 2020)

The duties of the city clerk shall be as follows:

(a)   Supervises subordinate personnel.

(b)   Maintains custody of ordinances and other official documents and records.

(c)   Maintains all financial, banking and investment records.

(d)   Maintains all personnel and payroll records.

(e)   Researches and makes recommendations on financial investments.

(f)    Reconciles all city accounting records for both expenditures and revenues in all funds.

(g)   Informs the general public on areas concerning municipal ordinances and procedures.

(h)   Maintains corporate seal of the city and administers oaths.

(i)    Assists with budget preparation 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; provided, that a copy of the budget shall be filed with the state department of post audit.

(j)    Keeps fully accurate account of all bonds issued by the city.

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

(l)    Assists with purchase orders and claims.

(m)  Assists citizens with concerns and complaints.

(n)   Oversees the utility billing process.

(o)   Attends all meetings of the council and makes and keeps a record of all proceedings and meetings of the council in minute form entered in the journal of council proceedings.

(p)   Carries on all of the official correspondence of the city; giving the same prompt attention and shall present for consideration of the mayor and council at its regular meetings each month.

(q)   Reports to the council at its regular meeting each month in regard to the financial condition of the funds of the city.

(r)    Receives all cash.

(s)    Provides clerical support to other departments.

(t)    Other related duties as deemed necessary or as required.

(Code 2005, 1-402; Code 2020)

The duties of the city treasurer shall be as follows:

(a)   Receive and safely keep all moneys belonging to the city coming to him or her by virtue of his or her office, giving his or her receipt therefore and for all moneys received by him or her from any other source than the city clerk, he or she shall give duplicate receipts causing one of them to be filed with the city clerk, and shall keep a copy thereof in his or her own office.

(b)   Keep proper records and accounts of all moneys received and dispersed by him or her from any source and funds in behalf of the city specifying the time of receipt and disbursements, from whom received and to whom disbursed on account of the city.

(c)   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.

(d)   Deposit all funds of the city coming into his or her hands in his or her official capacity or responsibility in a depository bank or banks within the city, and only after the same has been designated by the governing body and after the depository bank shall have given security in those instances when a depository of public moneys must be given security. All such deposits shall be made in his or her name and in his or her official title as treasurer of the City of Enterprise.

(e)   Pay out of funds of the city upon warrants (warrants and checks) properly signed by the mayor, attested by the city clerk and countersigned by him or her. He or she shall cancel all warrants as soon as paid, and in cancelling paid warrants, he or she shall write across the face of such warrant the word “Paid”.

(K.S.A. 12-1608; Code 2005, 1-403; Code 2020)

(a)   Attend all meetings of the city council and advise the governing body and officers of the city upon all legal questions submitted to him or her affecting the duties of their offices and the interest of the city.

(b)   Draft all ordinances, resolutions, contracts, agreements and other instruments relating to the affairs of the city at the direction of the governing body.

(c)   Appear and prosecute all violations of city ordinances in municipal court when his or her services shall be required.

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

(Code 2005, 1-404; Code 2020)

The duties of the city superintendent shall be as follows:

(a)   Have supervision of the maintenance and repair of streets, alleys, lanes and other public thoroughfares of the city, in the performance of which, he or she shall see that the streets are maintained after rain or snow. Keep in repair all streets that have been hard surfaced and see that all crosswalks and gutters are properly cleaned; cause to be removed from the streets any obstructions, nuisances and dangerous objects; and shall notify the council of all repairs needed on the streets of the city.

(b)   Be responsible for the observation of the condition of the sidewalks and other footways of the city respecting their safety and state of repair and shall report to the city council all sidewalks believed to be in a dangerous condition or in need of repair.

(c)   Have charge of the trimming of trees standing in the parking of city streets. It shall be the duty of the superintendent to enforce city codes on property upon which weeds are growing in violation of the ordinances of the city.

(d)   Have charge, care and operation of the municipal water and electrical distribution systems of the city and all tools, and equipment and machinery used in connection therewith.

(e)   Recommend to the city council projects for the improvement or enlargement of said systems and make such monthly and annual reports as may be required by the mayor, council or Kansas Statutes.

(f)    Have charge of the operation and maintenance of the sanitary sewer system, and the wastewater treatment facility of the city.

(g)   Perform such other duties as may be prescribed by ordinance or by the governing body or any committee of the council.

(h)   Perform such inspection duties as may be required by the ordinances of the city and governing body.

(Code 2005, 1-405; Code 2020)

The foregoing provisions of this article shall not be construed to limit the duties of city offices named therein and they shall have additional duties as may be required by the mayor and council for the general operation and maintenance of the city water and sewage systems. The city council may create other city offices as the city may require hereafter and may abolish any office herein established which shall not have been created by the laws of the State of Kansas for the cities of the third class.

(Code 2005, 1-406; Code 2020)

All duties of chief of police shall be performed by the Sheriff of Dickinson County or his/her deputies. The Sheriff shall provide a monthly report to the city council of activities within the city.

(Code 2005, 1-407; Ord. 1653; Code 2020)

The same person may be appointed to more than one appointive office, or employed in more than one department, except that the same person shall not be appointed to incompatible offices. Salaries or wages of such persons shall be prorated between the proper funds of the several offices or departments.

(Code 2005, 1-408; Code 2020)

(a)   No city officer or employee shall be signatory upon, discuss in an official capacity, vote on any issue concerning or otherwise participate in his or her capacity as a public official or employee in the making of any contract with any person or business:

(1)   In which the officer or employee owns a legal or equitable interest exceeding $5,000 or five percent, whichever is less, individually or collectively with his or her spouse; or

(2)   From which the officer or employee receives, in the current or immediately preceding or succeeding calendar year, any salary, gratuity, other compensation or a contract for or promise or expectation of any such salary, gratuity or other compensation or remuneration having a dollar value of $1,000 or more; or

(3)   In which he or she shall hold the position of officer or director, irrespective of the amount of compensation received from or ownership held in the business.

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

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

(2)   Contracts for property or services for which the price or rate is fixed by law.

(Code 2005, 1-409; K.S.A. 74-4301; Code 2020)

The compensation of officers and employees of the city shall be established by ordinance of the city council. All officers and employees who are compensated at an hourly wage rate, shall be paid for bi-weekly periods, beginning at 12:01 a.m. on a Sunday and ending at 12:00 a.m. Saturday two weeks thereafter. All officers and employees, who are compensated at a monthly salary, shall be paid for calendar month periods. The city clerk is authorized and directed to make payments to the officers and employees at the conclusion of the respective payment periods.

(Code 2005, 1-410; Code 2020)

(a)   Declaration of policy. The proper operation of our government requires that public officials and employees be independent, impartial and responsible to the people; that governmental decisions and policy be made in the proper channels and that the public have confidence in the integrity of its government. In recognition of those goals, there is hereby established a code of ethics for all officials and employees, whether elected or appointed, paid or unpaid. The purpose of this code is to establish ethical standards by setting forth those acts or actions that are incompatible with the best interests of the city.

(b)   Responsibilities of Public Office. Public officials and employees are agents of public purpose and hold office for the benefit of the public. They are bound to uphold the Constitution of the United States and the Constitution of this State and to carry out impartially the laws of the nation, state, and city and thus to foster respect for all government. They are bound to observe in their official acts the highest standards of morality and to discharge faithfully the duties of their office regardless of personal considerations, recognizing that the long term public interest must be their primary concern. Their conduct in both their official and private affairs should be above reproach.

(c)   Dedicated Service. All officials and employees of the city should be responsive to the political objectives expressed by the electorate and the programs developed to attain those objectives. Appointive officials and employees should adhere to the rule of work and performance established as the standard for their positions by the appropriate authority. Officials and employees should not exceed their authority or breach the law or ask others to do so, and they should work in full cooperation with other public officials and employees unless prohibited from doing so by law or by officially recognized confidentiality of their work.

(d)   Fair and Equal Treatment. Interest in appointments. Canvassing of members of the city council, directly or indirectly, in order to obtain preferential consideration in connection with any appointment to the municipal service shall disqualify the candidate for appointment except with reference to positions filled by appointment by the council.

(e)   Use of Public Property. No official or employee shall request, or be permit the use of city owned vehicles, equipment, materials or property for personal convenience or profit, except when such services are available to the public generally or are provided as city policy for use of such official or employee in the conduct of official business.

(f)    Obligations to Citizens. No official or employee shall grant any special consideration, treatment, or advantage to any citizen beyond that which is available to every other citizen.

(g)   Conflict of Interest. No elected or appointive city official or employee, whether paid or unpaid, shall engage in any business or transaction or shall have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his or her duties in the public interest or would tend to impair his or her independence of judgment or action in the performance of his or her official duties. Personal as distinguished from financial interest includes an interest arising from blood or marriage relationships or close business or political association. Specific conflicts of interest are enumerated below for the guidance of officials and employees:

(1)   Incompatible Employment. No elected or appointive city official or employee shall engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of his or her official duties or would tend to impair his or her independence of judgment or action in the performance of his or her official duties.

(2)   Disclosure of Confidential Information. No elected or appointed official or employee, shall, without proper legal authorization, disclose confidential information concerning the property, government or affairs of the city. Nor shall he or she use such information to advance the financial or other private interest of himself, herself, or others.

(3)   Gifts and Favors. No elected or appointive city official or employee shall accept any valuable gift, whether in the form of service, loan, thing or promise, from any person, firm, or corporation which to his or her knowledge is interested directly or indirectly in any manner whatsoever in business dealings with the city; nor shall any such official or employee accept any gift, favor or thing of value that may tend to influence him or her in the discharge of his or her duties or grant in the discharge of his or her duties any improper favor, service or thing of value. The prohibition against gifts or favors shall not apply to: (a) an occasional nonpecuniary gift, of only nominal value or (b) an award publicly presented in recognition of public service or (c) any gift which would have been offered or given to him or her if not an official or employee.

(4)   Representing Private Interest Before City Agencies or Courts. No elected or appointive city official or employee whose salary is paid in whole or in part by the city shall appear in behalf of private interest before any agency of this city. He or she shall not represent private interests in any action or proceeding against the interest of the city in any litigation to which the city is a party.

(Code 2005, 1-411; Code 2020)