The governing body of the City of Goddard, Kansas shall consist of five (5) council members to be elected to terms as set forth in Chapter 6 of this code. The council members shall be residents and qualified electors of the City of Goddard, Kansas.
(Code 2001; C.O. No. 8; C.O. No. 13; C.O. No.15)
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 and related charter ordinances adopted by the City. 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 2012)
(a) Regular meetings of the governing body shall be held on the first and third Monday of each month at 7:00 p.m. and the fourth Tuesday of each month at 12:00 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. At any regular meeting, the immediately succeeding regular meeting may be changed to another day at the request of the Mayor, if voted upon favorably by a majority of the entire city council.
(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 in the minutes.
(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 2012; Ord. 963)
Three (3) City Council Members shall be and do hereby constitute a quorum for the purpose of transacting all business of any kind whatsoever of the City of Goddard, Kansas, and none of the powers of the City Council of the City of Goddard, Kansas shall be exercised unless a quorum, as defined herein, of City Council Members shall be present at a properly constituted open meeting; however a smaller number may adjourn a meeting.
(K.S.A. 14-111; Code 2012)
A mayor and a vice mayor shall be chosen by majority votes of the city council from among its membership at its first regularly scheduled meeting following the second Monday in January and every even numbered year thereafter for a term of two years. The mayor and vice mayor shall serve at the pleasure of the city council and may be removed as officers by majority vote of the city council.
(K.S.A. 14-301:310; Code 2012; C.O. No. 15)
The mayor shall be the official head of the city on formal occasions and shall serve as the leader in the activities and duties of the city council. As the official head of the city, the mayor shall not only lead but shall speak to the aims, policies and programs of the city, but his or her authority is restricted to that of a council member, except as hereinafter provided and as serving as chairman of the city council meetings. The mayor shall have no administrative or executive duties but shall refer all such matters to the city manager. The mayor shall preside at all meetings of the city council, shall sign all resolutions, proclamations, minutes, ordinances, contracts, revenue bonds and other official instruments approved by the city council; provided that, such documents and instruments, except ordinances, may be signed by the city manager if permissible by law and authorized by the city council. The mayor shall have no veto power.
In the absence of the mayor, the vice mayor shall substitute for the mayor on public occasions, shall preside at meetings of the city council, and shall sign minutes, proclamations, resolutions, ordinances, contracts, revenue bonds and other official instruments approved by the city council as may be necessary in the mayor’s absence. The vice mayor shall assume no other duties of the mayor except as specifically provided herein or as may be required by law.
The mayor and vice mayor shall be entitled to vote on all matters before the city council.
(K.S.A. 14-204; Code 2012; C.O. No. 15; Ord.
1046)
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 2001)
(a) In the event a vacancy occurs in the membership of the city council because of resignation, death, ouster, disqualification or other reasons except expiration of an elected term, the mayor shall, with the consent of the remaining city council members, appoint a suitable elector of the City of Goddard, Kansas to fill such vacancy for the remainder of the unexpired term.
(b) In the event a vacancy occurs in the office of mayor or vice mayor because of resignation, death, ouster, disqualification or other reasons except expiration of an elected term, the position shall be filled for the remainder of the unexpired term from among the remaining city council members by a majority vote of the city council at the next regular city council meeting at which all remaining council members are present.
(K.S.A. 14-204; K.S.A. 14-308; C.O. 8; Code
2012; C.O. No. 15)
Members of the governing body shall receive as compensation such amounts as may be fixed by ordinance.
(Code 2001)
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) Members of the governing body shall receive the sum of two hundred dollars ($200) per month, and one hundred dollars ($100) per meeting.
(b) Reimbursement for actual travel, 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 2001; Ord. 897)
The following provisions shall apply to the conduct of meetings of the Governing Body.
(a) Special meetings may be called as provided in Section 1-203(b) of this Code and K.S.A. 14-111. Notice shall be given to each member of the Governing Body in the manner required by Kansas law, and public notice shall be given as required by the Kansas Open Meetings Act.
(b) At the hour appointed for meeting, the Governing Body shall be called together by the Mayor, and in his or her absence by the Vice Mayor or Acting Mayor. Upon the appearance of a quorum, the Governing Body shall proceed to business.
(Code 2001; Ord. 1046)
The presiding officer shall have the power and duty to preserve strict order and decorum prescribed herein at all meetings of the Governing Body.
(Ord. 423, Sec. 3)
(a) Oral Presentation. Any person may appear and, after first being recognized by the presiding officer, address the Governing Body with regard to matters then under consideration.
(b) Oral Presentation of Written Communication. Upon complying with the provisions of this section, interested persons may address the Governing Body by reading written petitions, communications relating to zoning, sewer, and street proceedings, hearings on protests, appeals and petitions, or similar matters, with regard to matters then under consideration by the Governing Body.
(c) Written Communication. All interested parties, or their authorized representatives, may address the Governing Body by written communication with regard to matters then under consideration.
(d) Presentations After Motion. After a motion has been made or a public hearing has been closed, no member of the public shall address the Governing Body from the audience on the matter then under consideration without first securing permission to do so by a majority of the Governing Body.
(e) Call of Question. Once the question is called by a council member, all discussion of that issue shall cease immediately and a vote taken.
(Ord. 423, Sec. 3)
(a) Recognition by Presiding Officer. No person may address the Governing Body without first being recognized by the presiding officer.
(b) Procedure. Each person addressing the Governing Body shall step to the podium provided for the use by the public and for the record give his or her name and address in an audible tone of voice, state the subject he or she wishes to discuss, state whom he or she is representing if the appearance is made in a representative capacity and, unless further time is granted by a majority of the Governing Body as a whole and not any member thereof shall limit their remarks to five minutes. No person other than members of the Governing Body and the person having the floor shall be permitted to enter into discussion, either directly or through a member of the Governing Body, without the permission of the presiding officer. No question may be asked of a Governing Body member or a member of the city staff without the permission of the presiding officer.
(c) Spokesperson for Group of Persons. In order to expedite matters and to avoid repetitious presentations, whenever any group of persons wish to address the Governing Body on the same subject matter, the presiding officer may require that a spokesperson be chosen by the group to address the Governing Body and, in case additional matters are to be presented by any other member of the’ group, limit the number of such persons addressing the Governing Body.
(d) Presentations After Motion. After a motion has been made or a public hearing has been closed, no member of the public shall address the Governing Body from the audience on the matter then under consideration without first securing permission to do so by a majority of the Governing Body.
(e) Call of Question. Once the question is called by a council member, all discussion of that issue shall cease immediately and a vote taken.
(Ord. 423, Sec. 4)
(a) Members of the Governing Body. While the Governing Body is in session, the members must preserve order and decorum, and a member shall not, by conversation or otherwise, delay or interrupt the proceedings or the peace of the Governing Body nor disturb any member while speaking or refuse to obey the orders of the presiding officer.
(b) Employees. Members of the city staff and employees shall observe the same rules of order and decorum as are applicable to members of the Governing Body.
(c) Persons Addressing the Council. Any person making personal, impertinent, slanderous, or profane remarks or who willfully utters loud, threatening or abusive language, or engages in any disorderly conduct which would impede, disrupt or disturb the orderly conduct of any meeting, hearing, or other proceeding, shall be called to order by the presiding officer and ordered to desist and, if such conduct continues may, at the discretion of the presiding officer, be ordered barred from further audience before the Governing Body during that meeting.
(d) Members of the Audience. No person in the audience shall engage in disorderly conduct such as hand clapping, stamping of feet, whistling, using profane language, yelling, and similar demonstrations, which conduct disturbs the peace and good order of the meeting.
(e) Persons Authorized to be Near the Seating of the Governing Body. No person except members of the Governing Body and city staff shall be permitted within the area of the council seating without the consent of the presiding officer.
(Ord. 423, Sec. 5)
(a) Warning. Any person shall, at the request of the presiding officer, be silent. If, after receiving such a request, a person persists in disturbing the meeting, the presiding officer may order such a person to remove himself or herself from the meeting. If such order is disregarded, the presiding officer may order the sergeant-at-arms or a member of the staff to remove such person.
(b) Removal. The Chief of Police, or such member or members of the police department or such member of the city staff, as the presiding officer may designate, shall be sergeant-at-arms of the Governing Body meetings. Such person or persons shall carry out all orders and instructions by the presiding officer for the purpose of maintaining order and decorum at the Governing Body meeting. The sergeant-at arms shall execute any lawful order given by the presiding officer for the purpose of maintaining order and decorum of a meeting, hearing or other proceeding.
(c) Motions to Enforce. Any member of the Governing Body may move to require the presiding officer to enforce these rules; an affirmative vote of a majority of the members of the Governing Body then present shall require such enforcement.
(d) Adjournment. In the event that any meeting is willfully disturbed by a person or group of persons so as to render the further orderly conduct of such meeting infeasible, and when order cannot be restored by the removal of individuals who are creating the disturbance, the meeting may be adjourned and the remaining business considered at the next meeting. In the event that a special meeting is called, and such persons(s) that was previously removed is in fact charged with disorderly conduct, the city attorney shall request at the conclusion of such trial, the defendant pay restitution for the cost of that meeting including, but not limited to council and city staff pay, and all other costs associated with such meeting.
(Ord. 423, Sec. 6)
(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 non pecuniary 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 2001)