CHAPTER I. ADMINISTRATIONCHAPTER I. ADMINISTRATION\Article 2. Governing Body

The Governing Body shall consist of a Mayor and eight (8) Councilmembers to be elected as set out in Chapter 6 of this code.

(Code 1989)

All powers exercised by cities of the second 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 City Council as Governing Body of the City.

(K.S.A. 12‑103; Code 1989)

(a)   Regular meetings of the Governing Body shall be held on the second and fourth Monday of each month at 7:30 p.m. In the event the regular meeting day shall fall on any legal holiday or any day observed as a holiday by the City offices, the Governing Body shall fix the succeeding day not observed as a holiday as a meeting day or as otherwise set by the Governing Body.

(b)   Special meetings may be called by the Mayor or acting Mayor, on the written request of any three (3) members of the City 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. 14‑111; Code 1970, 2‑19; Ord. 1184, Sec. 1; Code 1989, Ord. 2098)

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

(K.S.A. 14‑111; Code 1970, 2‑20; Code 1989)

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. In order to declare and control a disaster or emergency when the Mayor is not present or is unable to act as the principal executive officer of the City, the following shall be the procedure to determine the office next in line to fulfill those duties and responsibilities: If the Mayor is not present or is incapable of performing his/her duties in order to declare a disaster or emergency and/or act as principal executive officer in a disaster or emergency situation, the Council President shall perform those functions and duties. Should the Council President not be present or unable to perform those functions and duties, then the Mayor Pro‑Tem shall perform those duties and functions. If all three (3) individuals are not present or unable to perform those duties and functions, then the City Council shall convene and elect one of their own to fulfill these duties and responsibilities.

(Code 1989; Ord. 1987)

The City Council shall elect one of its own body as Council President. The Council President shall preside at all meetings of the City Council in the absence of the Mayor. The City Council shall also elect one of its own body as Mayor Pro‑Tem. The Mayor Pro‑Tem shall preside at all City Council meetings in the absence of the Mayor and Council President. The President and Mayor Pro‑Tem, when occupying the place of Mayor, shall have the same privileges as other Councilmembers but shall exercise no veto.

(K.S.A. 14‑308; Code 1989; Ord. 2000; Code 2014)

(a)   The resignation of any person of the Governing Body of the City shall be submitted to the City Clerk and immediately forwarded to all members of the Governing Body of the City for approval or rejection by the Governing Body. If Ward boundaries are changed and when they become effective, any person who was elected from a ward who no longer resides in that ward due to the change in boundary, shall serve the balance of the term to which they were elected.

(b)   Any vacancy of the Governing Body of the City either by death, resignation or otherwise, shall be filled by appointment of the Mayor with the approval and consent of the City Council and shall be effective upon such approval or rejection by the Governing Body at the next regularly scheduled meeting. Any resignation of a member of the Governing Body can be voluntarily withdrawn by the person resigning prior to the approval or rejection by the Governing Body. Any person presently filling such a vacancy or hereafter so appointed and approved shall serve for the balance of the unexpired term of office of the person vacating such office.

(C.O. No. 14, Secs. 2:3)

Members of the Governing Body shall receive as compensation such amounts as fixed by ordinance.

(Code 1989)

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 for City employees for each mile traveled by the shortest route upon the performance of duties assigned by the Mayor and/or City Manager.

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

(Code 1989)

(a)   The League of Kansas Municipalities’ Code of Procedure for Kansas Cities, Fourth Edition is hereby adopted and incorporated by reference. Not less than one (1) copy of said Code of Procedure shall be marked or stamped “Official Copy as Incorporated by Ordinance No. 2564 of the City of Bonner Springs, Kansas”, and to which shall be attached a copy of this ordinance, and filed with the City Clerk to be open to inspection and available to the public at all reasonable business hours.

(b)   The City Council may establish additional policies as it deems necessary.

(Ord. 2098; Ord. 2564)

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

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

(c)   Dedicated Service ‑ All officials and employees of the City should be responsive to the political objectives expressed by the electorate and the programs developed to attain those objectives. Appointive officials and employees should adhere to the rule of work and performance established as the standard for their positions by the appropriate authority.

Officials and employees should not exceed their authority or breach the law or ask others to do so, and they should work in full cooperation with other public officials and employees unless prohibited from so doing by law or by officially recognized confidentiality of their work.

(d)   Fair and Equal Treatment ‑ (1) Interest in Appointments. Canvassing of members of the City Council, directly or indirectly, in order to obtain preferential consideration in connection with any appointment to the municipal service shall disqualify the candidate for appointment except with reference to positions filled by appointment by the City Council.

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

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

(e)   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 appointive City official or employee, shall, without proper legal authorization, disclose confidential information concerning the property, government or affairs of the City. Nor shall he or she use such information to advance the financial or other private interest of himself, herself or others.

(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 (a) accept any gift, favor or thing of value that may tend to influence him or her in the discharge of his or her duties or (b) grant in the discharge of his or her duties any improper favor, service, or thing of value. The prohibition against gifts or favors shall not apply to: (a) an occasional 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 1989)