Printable Format15-204. Appointment of city officers; duties and compensation; removal. Subject to the provisions of K.S.A. 12-16,128, and amendments thereto, the mayor, with the consent of the council, may appoint, at the first regular meeting of the governing body in May of each year, the following city officers: A municipal judge of the municipal court, a clerk, a treasurer, a marshal-chief of police, law enforcement officers and such other officers as deemed necessary. Such officers shall hold an initial term of office of not to exceed one year and until their successors have been 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 duties and pay of the various officers shall be regulated by ordinance. Any officer may be removed by a majority vote of the total membership elected or appointed to the council and may be suspended at any time by the mayor.
History: L. 1871, ch. 60, § 8; R.S. 1923, § 15-204; L. 1959, ch. 83, § 3; L. 1963, ch. 125, § 1; L. 1967, ch. 90, § 12; L. 1985, ch. 80, § 1; L. 1988, ch. 84, § 3; L. 2008, ch. 163, § 13; July 1.
Source or Prior Law:
L. 1869, ch. 26, §§ 13, 14.
Attorney General's Opinions:
Eligibility to office in cities of the third class; conflict of interest. 81-88.
Simultaneous holding of elective and appointive offices in cities of third class. 81-107.
Appointment of city officers in cities of third class. 81-155.
Incompatibility of offices; city councilman of city of third class serving as police commissioner. 81-178.
County commissioners; incompatability of offices; commissioner may not serve as city police officer or reserve deputy sheriff. 82-8.
Incompatability of officers doctrine; city councilman serving as fire chief in city of third class. 82-106.
Open public meetings; membership of a body; mayor-council form of government does not include mayor to constitute a quorum. 86-110.
Filling vacancy in office of mayor of city of third class; powers and duties. 90-85.
President of city council for city of the third class holds position at pleasure of council, may be removed from position without due process hearing. 2000-5.
Discussions concerning candidate for municipal court judge should take place openly and not in executive session. 2002-28.
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. Power of removal by mayor and council; notice and hearing. Gundelfinger v. Thiele, 133 Kan. 31, 34, 36, 298 P. 769.
2. Word "elect" includes member appointed to fill vacancy. Tucker v. Raney, 145 Kan. 256, 258, 65 P.2d 329.
3. Incumbent to public office enjoys no "property" or "vested interest" therein. Stoldt v. City of Toronto, 234 Kan. 957, 964, 678 P.2d 153 (1984).
4. Cited; property interest in public employment job without statute, ordinance or contract establishing duration of employment examined. Riddle v. City of Ottawa, 12 Kan. App. 2d 714, 717, 754 P.2d 465 (1988).
5. Appointment to city office not to exceed one year and until successor qualified does not give rise to property interest. Elam v. Williams, 753 F. Supp. 1530, 1537 (1990).
6. Plaintiff did not have implied in fact employment contract prior to termination. Crowley v. City of Burlingame, Kansas, 352 F. Supp. 2d 1176, 1183 (2004).
7. Statute requires city council's approval of appointments, does not require council's approval of employment contracts. Cheek v. City of Edwardsville, Kan., 514 F. Supp. 2d 1220, 1234, 1235 (2007).
8. Mayor lacked authority to bind city to contracts containing different severance provisions than originally approved by city council. Cheek v. City of Edwardsville, Kan., 514 F. Supp. 2d 1251, 1252, 1253, 1255 (2007).