Chapter I · Administration

Article 2. Governing Body

Sections 1-201 to 1-212 · 12 sections

1-201 Governing body.

The governing body of the city shall consist of the mayor and five councilmembers to be elected as set out in chapter 6 of this code.

(Code 1990)

1-202 Same; powers generally.

All powers exercised by cities of the third class or which shall hereafter be conferred upon them shall be exercised by the governing body, subject to such limitations as prescribed by law. All executive and administrative authority granted or limited by law shall be vested in the mayor and councilmembers as governing body of the city.

(K.S.A. 12-103; Code 1970, 1-201; Code 1990)

1-203 Same; meetings.

(a)Regular meetings of the governing body shall be held on the second Wednesday of each month at 7:00 p.m. In the event the regular meeting day shall fall on any legal holiday or any day observed as holiday by the city offices, the governing body shall fix the succeeding day not observed as a holiday as a meeting day.

(b)Special meetings may be called by the mayor or acting mayor, on the written request of any three members of the council, specifying the object and purpose of such meeting, which request shall be read at a meeting and entered at length on the journal.

(c)Regular or special meetings of the governing body may be adjourned for the completion of its business at such subsequent time and place as the governing body shall determine in its motion to adjourn.

(K.S.A. 15-106; Code 1990; Ord. 203; Ord. 233A; Ord. 253; Ord. 274B; Ord. 275A; Code 2019)

1-204 Same; quorum.

In all cases, it shall require a majority of the councilmembers-elect to constitute a quorum to do business.

(K.S.A. 15-106; Code 1970, 1-207; Code 1990)

1-205 Powers of the mayor.

The mayor shall preside at all meetings of the governing body. The mayor shall have the tie-breaking vote on all questions when the members present are equally divided. The mayor shall:

(a)Have the superintending control of all officers and affairs of the city;

(b)Take care that the ordinances of the city are complied with;

(c)Sign the commissions and appointments of all officers elected or appointed;

(d)Endorse the approval of the governing body on all official bonds;

(e)From time to time communicate to the city council such information and recommend such measures as he or she may deem advisable;

(f)Have the power to approve or veto any ordinance as the laws of the state shall prescribe;

(g)Sign all orders and drafts drawn upon the city treasury for money.

(K.S.A. 15-301; Code 1970, 1-208; Code 1990)

1-206 President of the council.

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

(K.S.A. 15-310; Code 1970; 1-209:210; Code 1990)

1-207 Administrative powers.

The governing body may designate whether the administration of a policy or the carrying out of any order shall be performed by a committee, an appointive officer, or the mayor. If no administrative authority is designated it shall be vested in the mayor.

(Code 1990)

1-208 Vacancies in governing body; how filled.

In case of a vacancy in the council occurring by reason of resignation, death, or removal from office or from the city, the mayor, by and with the advice and consent of the remaining council members, shall appoint an elector to fill the vacancy until the next election for that office. In case any person elected as a council member neglects or refuses to qualify within 30 days after election, the council member shall be deemed to have refused to accept the office and a vacancy shall exist. The mayor may, with the consent of the remaining council members, appoint a suitable elector to fill the vacancy.

In case of a vacancy in the office of mayor, the president of the council shall become mayor until the next regular election for that office and a vacancy shall occur in the office of the council member becoming mayor.

(C.O. No. 3; C.O. No. 15)

1-209 Compensation.

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

(Code 1990)

1-210 Expenses.

Each member of the governing body shall receive for his or her services and as reimbursement for his or her expenses, compensation as follows:

(a)Mileage at the same rate as is established by law by the state of Kansas for state employees for each mile traveled by the shortest route upon the performance of duties assigned by the mayor and/or council.

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

(Code 1990).

(K.S.A. 12-104a; K.S.A. 15-201; K.S.A. 15-311; Code 2019)

1-211 Incorporating code of procedure for Kansas cities.

There is hereby incorporated by reference for the purpose of establishing a code of procedure for the conduct of city council meetings of the City of Palco, Kansas, that certain code known as the “Code of Procedure for Kansas Cities,” Fourth Edition (2017), prepared and published in book form by the League of Kansas Municipalities, Topeka, Kansas, save and except such articles, sections, parts or portions as are hereafter omitted, deleted, modified or changed. At least one copy of said Code of Procedure for Kansas Cities shall be marked or stamped “Official Copy as Incorporated by the Code of the City of Palco, Kansas,” with all sections or portions thereof intended to be omitted or changed clearly marked to show any such omission or change and to which shall be attached a copy of this section, and filed with the city clerk to be open to inspection and available to the public at all reasonable hours.

(Code 2019)

1-212 Attendance at meetings.

(a)The mayor and Council Members are expected to attend all meetings of the City Council; however, it is recognized that reasonable circumstances may prevent attendance at a City Council meeting, but that repeated absences from meetings of the City Council are detrimental to the business of the City Council and detrimental to the citizens of the City of Palco.

(b)As a courtesy and when time permits, a member shall notify the Mayor or the City Clerk that he or she will not be able to attend a meeting of the City Council.

(c)If a member fails to attend at least fifty percent (50%) of the regular meetings during any continuous three (3) month period, for any reason, such members shall be notified in writing by the City Council that he or she shall be deemed to have resigned his or her position on the City Council. Such notice shall state that the City Council has found such member to be in violation of the attendance requirements for City Council meetings and provide the specifics of the violation, the consequences of such violation, as well as the date and time for such member to appear before the City Council to be heard on the matter.

(d)At such hearing, the notified member shall have the opportunity to rebut the allegations of violation of the attendance requirement through his or her own statement, the testimony of other witnesses or by the presentation of documentary evidence. The notified member may be represented by legal counsel of his or her choice and at his or her own expense. Upon conclusion of the hearing, if a motion is made, seconded and passed by a majority vote of the other members of the City Council, the member may be sanctioned by removal from office as herein provided. If the motion fails or a motion is passed that there has been no violation of the attendance requirements at regular meetings, such member may still be subject to public censure by the City Council for his or her lack of attendance at regular meetings of the City Council.

(e)If a vacancy in the City Council occurs by reason of removal from office pursuant to this section, the vacancy shall be filled pursuant to K.S.A. 15-201.

(Ord. 304)