14-201. Elective and appointive officers; terms; compensation. Except as provided in K.S.A. 12-1028a, and amendments thereto, there shall be elected on the first Tuesday in April of each odd-numbered year a mayor, council members and city treasurer. Subject to the provisions of K.S.A. 12-16,128, and amendments thereto, the mayor shall appoint, by and with the consent of the council, a municipal judge of the municipal court, a city marshal-chief of police, city clerk, city attorney, and may appoint police officers and any other officers deemed necessary. Any officers appointed and confirmed shall hold an initial term of office of not to exceed one year and until their successors are appointed and qualified. Any officers who are reappointed shall hold their offices for a term of one year and until their successors are appointed and qualified. The council shall by ordinance specify the duties and compensation of the office holders, and by ordinance may abolish any office created by the council whenever deemed expedient.
The mayor, council members and city treasurer shall hold their offices for a term of two years.
History: R.S. 1923, § 14-201; L. 1951, ch. 137, § 3; L. 1951, ch. 395, § 43; L. 1959, ch. 83, § 1; L. 1967, ch. 90, § 5; L. 1968, ch. 274, § 32; L. 1982, ch. 83, § 2; L. 1988, ch. 84, § 1; L. 2008, ch. 163, § 10; July 1.
Source or prior law:
L. 1862, ch. 46, art. 1, § 9; L. 1862, ch. 46, art. 3, § 35; L. 1864, ch. 69, § 2, ¶ 14; L. 1867, ch. 68, art. 1, §§ 9, 10; L. 1867, ch. 68, art. 2, § 14; L. 1867, ch. 68, art. 3, § 2, ¶ 16; G.S. 1868, ch. 19, §§ 10, 28; L. 1871, ch. 62, §§ 4, 5; L. 1872, ch. 100, § 13; L. 1873, ch. 65, § 1; L. 1875, ch. 71, § 1; L. 1879, ch. 83, § 1; L. 1885, ch. 99, § 3; L. 1901, ch. 112, §§ 1, 2; L. 1907, ch. 125, § 1; L. 1911, ch. 267, § 1; L. 1917, ch. 271, § 1.
Cross References to Related Sections:
Commission government, see 14-1501.
Attorney General's Opinions:
Cities of second class; incompatibility of officers doctrine. 81-74.
Terms of elective and appointive officers of cities of second class. 81-219.
Cities of the second class elections; confirmation of mayorial appointments. 83-86.
Powers and duties of mayor in cities of second class. 83-121.
Appointment of chief of police for six-month probationary period is valid for full one-year period under statute. 87-115.
City governing body that rejects mayoral appointment must make determination the candidate is unfit or unqualified; basis for determination not required. 2008-23.
CASE ANNOTATIONS
1. Justices of the peace; election in cities of second class. Showalter v. Cox, 26 Kan. 120, 121; Pinkerton v. Miller, 29 Kan. 164; Cook v. Mock, 40 Kan. 472, 474, 20 P. 259.
2. Mayor has right of confirmation vote in case of tie. Carroll v. Wall, 35 Kan. 36, 37, 10 P. 1.
3. When mayor of third-class city holds over considered. Moser v. Shamleffer, 39 Kan. 635, 636, 637, 18 P. 956.
4. Whether officer before whom perjury committed elected or appointed immaterial. The State v. Williams, 60 Kan. 837, 841, 58 P. 476.
5. Judgment of de facto court not subject to collateral attack. In re Corum, 62 Kan. 271, 272, 62 P. 661.
6. Compensation of city attorney can be fixed only by ordinance. Johnson v. Winfield, 75 Kan. 832, 833, 89 P. 657.
7. City attorney cannot collect for incidental extra services for city. Johnson v. Winfield, 75 Kan. 832, 833, 89 P. 657.
8. Nomination of candidates considered; effect of amendment of statutes. The State v. Harsha, 80 Kan. 72, 73, 101 P. 454.
9. City attorney immune from civil liability for criminal prosecution. Smith v. Parman, 101 Kan. 115, 116, 165 P. 663.
10. Unconfirmed new appointee; holdover city attorney continues in office. Shaw v. Baker, 179 Kan. 729, 731, 298 P.2d 250.
11. Passage of payroll ordinance held to provide requisite consent by council to appointment of city patrolman. Riggs v. City of Beloit, 199 Kan. 425, 427, 428, 429 P.2d 821.
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