Chapter 1 · Administration

Article 2. Governing Body

Sections 1-201 to 1-217 · 17 sections

1-201 Governing body.

The governing body of the city shall consist of the mayor and four council members to be elected as set out in Chapter 6 of this code [two year terms].

(C.O. No. 1; C.O. No. 6; C.O. No. 13; C.O. No. 19; Ord. 1266; C.O. No. 21; Code 2022)

1-202 Powers generally.

The city shall have all powers granted by statute and/or Article 12, Section 5 of the Kansas Constitution.

1-203 Mayor.

The mayor shall communicate to the city council such information and recommend such measures as he or she may deem advisable. He or she shall be the official head of the city. He or she shall preside over the city council and shall vote only as provided by law. He or she shall have the power to approve or veto in the manner prescribed by the laws of the state.

(K.S.A. 14-301)

1-204 President of the council.

The city council shall elect one of its own body as “President of the Council” and he or she shall preside at all meetings of the council in the absence of the mayor. In the absence of the mayor and the president of the council, the council shall elect of its own body as “Acting President of the Council” The president and acting president, when occupying the place of the mayor, shall have the same privileges as other councilmen.

(K.S.A. 14-204)

1-205 Order of business.

The council shall determine its own order of business.

1-206 Regular meetings; quorum.

The city council shall meet regularly twice a month, or more often if the public business requires. In all cases it shall require a majority of the council members to constitute a quorum to do business. Regular meetings of the council shall be held on the first and third Tuesdays of each month. All regular meetings shall open at 4:00 p.m.

(K.S.A. 14-111; Ord. 1019, Sec. 1; Code 2022; Ord. 1345; Ord. 1403)

1-207 Special meetings.

Special meetings shall be called and held as provided by K.S.A. 14-111, and all meetings shall be held in the room provided by the city for that purpose.

(K.S.A. 14-111; Ord. 190, Sec. 4)

1-208 Mayor, oath of office.

At a special meeting held on the second Monday in January. the mayor-elect shall take and subscribe his/her oath of office which shall be entered upon or attached to his certificate of election and the same shall be filed with the city clerk; provided, that if the mayor-elect should fail to qualify at such meeting he or she may qualify within 10 days thereafter.

(K.S.A. 14-205; Ord. 190; Ord. 1266; Code 2022)

Ref.: Oath of Office, see Sec. 1-401 of this chapter.

1-209 Council; organization.

At the meeting of the council as above provided, the city clerk shall enter upon the journal the oath or affirmation of office prescribed by law for councilmen, which oath or affirmation shall thereupon be taken and subscribed by each council member-elect and thereupon the newly elected council shall organize by electing one of their number as president of the council; provided, that if there shall not be present a quorum, they may adjourn such meeting not more than 10 days at which time they may perfect their organization.

(K.S.A. 14-205; Ord. 190; Ord. 1266; Code 2022)

Ref.: Oath of Office, see Sec. 1-401 of this chapter.

1-210 Ordinances.

All ordinances of the city shall be considered at a regular public meeting of the governing body except as otherwise provided by law. The vote on any ordinance, except as otherwise provided by law, shall be by yeas and nays, which shall be entered on the journal by the clerk. No ordinance shall be valid unless a majority of all the members-elect of the council vote in favor thereof. Where the vote is one less than required, the mayor shall have the power to cast the deciding vote in favor of the ordinance. No ordinance shall contain more than one subject, which shall be clearly expressed in its title; and not section or sections of an ordinance shall be amended unless the amending ordinance contains the entire section or sections as amended and the section or sections amended shall be repealed. The style or ordaining clause of all ordinances shall be: “Be it Ordained by the Governing Body of the City of Hillsboro.” After an ordinance shall have been passed, the city clerk shall assign to it a number; provided, that appropriation ordinances may be numbered in a separate series. The city clerk shall cause all ordinances, except appropriation ordinances to be published once in the official city newspaper, unless additional publications are required by law. Ordinances shall take effect the day of publication unless a different and later day is stated in the ordinance or otherwise specified by law. Appropriation ordinances shall take effect upon passage.

(K.S.A. 12-3001 et seq.)

1-211 Vacancy in office of mayor or councilman.

When any vacancy shall happen in the office of mayor by death, resignation, removal from the city, removal from office, refusal to qualify, or otherwise, the president of the council for the time being shall exercise the office of mayor, with all the rights, privileges and jurisdiction of the mayor, until such vacancy be filled or such disability be removed, or, in case of temporary absence, until the mayor shall return. During the time he or she shall so act, the president shall receive the same compensation that the mayor would be entitled to. In case of such vacancy, other than a temporary absence or disability, the person exercising the office of mayor shall become mayor. Thereupon the council shall elect from its membership a new president of the council. Whenever a vacancy shall occur in the office of councilman, the mayor shall appoint, by and with the consent of the city council, an elector of the ward where the vacancy occurs to be councilman for the balance of the unexpired term.

(K.S.A. 14-204; K.S.A. 14-308; Ord. 1266; Code 2022)

1-212 Emergency government.

In the event of a catastrophe in which all, or a majority, of the members of the governing body are fatally injured, the interim governing body shall be composed of the surviving members, the city clerk, the police chief, fire chief, and a sufficient number of the appointed officials selected in the order of the greatest seniority in office to make up a governing body of the prescribed number.

(Code 1984)

1-213 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 and meetings of other boards, committees and commissions of the City of Hillsboro, Kansas, that certain model code known as the “Code of Procedure for Kansas Cities,” First Edition (2004), prepared and published in book form by the League of Kansas Municipalities, Topeka, Kansas, save and except for such articles, sections, parts or portions as are hereafter omitted, deleted, modified or changed.

(Ord. 1089, Sec. 1; Code 2022)

1-214 Same; official copies.

At least three copies of the “Code of Procedure for Kansas Cities” shall be marked or stamped “OFFICIAL COPY AS INCORPORATED BY ORDINANCE NO. 1089,”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 ordinance. All official copies shall be filed with the city clerk to be open to inspection by the public during all reasonable business hours. Official copies of the “Code of Procedure for Kansas Cities” shall be furnished to all persons or departments charged with the enforcement of the code or to whom the Code is applicable and to such others as may be deemed necessary. All such copies shall be furnished at the cost of the city.

(Ord. 1089, Sec. 2; Code 2022)

1-215 Same; deletions.

Section 13, 36, 38, and 41 of the “Code of Procedure for Kansas Cities” relating to commissions is hereby omitted and deleted.

(Ord. 1089, Sec. 3; Code 2022)

1-216 Same; amendments.

(a)Section 9 of the “Code of Procedure for Kansas Cities” is hereby changed to read as follows:

Section 9: Setting Agenda. The governing body of the City hereby designated the City Administrator to be in charge of setting the agenda.

(b)Section 12 of the “Code of Procedure for Kansas Cities” is hereby changed to read as follows:

Section 12: Order of Business. At the hour appointed for the meeting, the Mayor shall call the meeting to order. In the absence of the Mayor, the President of the Council shall chair the meeting. Upon having a quorum present, the governing body shall proceed to business, which shall be conducted in the following order:

I. Approval of the minutes of the last regular meeting and intervening special meetings

II. Presentation of claims

III. Council Business

IV. Reports of Staff and Consultants

V. Communications

VI. Adjournment

(Ord. 1089, Secs. 4:5; Code 2022)

1-217 Code of ethics.

(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 2022)