The governing body shall consist of a five (5) commissioners, one of whom will serve as mayor, to be elected to terms as set forth in Chapter 6. The mayor and commissioners shall be residents and qualified electors of the City of Stockton, Kansas

(Code 1959, 1-101; Code 1984; C.O. No. 2; C.O. No. 7; Ord. 1384; C.O. No. 11; Code 2015; Ord. 1617, Sec. 3)

The governing body shall choose its own chairperson annually at its second regular meeting held in January each year after the commissioners elected in November of the previous year take office, and the chairperson shall have the title of mayor during the year of his or her office to the end that the city shall have and official head on formal occasions. At the same meeting, the governing body shall choose a vice-chairperson.

(Code 1959, 1-103; Code 1984; Ord. 1617; Ord. 1620)

The governing body may choose a vice-chairperson who, in the absence of the chairperson from any meeting of the governing body, shall exercise the duties of the office of mayor to the end that the city shall have an official head on such occasions. In such cases the vice chairperson may use the title of acting mayor.

(Code 1959, 1-103; Code 1984)

(a)   Regular meetings of the governing body shall be held on the first and third Tuesday of the month at 5:00 p.m. at the City office building. In the event the regular meeting day shall be a legal holiday, the governing body shall meet on the next regular working day at the same time and place.

(b)   Special meetings may be called by the mayor at any time upon the written request of a majority of the members of the governing body. The request shall state the matters to be discussed at each special meeting and no other matters may be considered at such meeting.

(c)   Regular or special meetings may be adjourned by the governing body for the purpose of finishing business begun at any meeting to a time certain to be held at the same place from which the meeting was adjourned.

(d)   Regular or special meetings shall be open to the public.

(e)   Four members of the governing body, present at any regular or special meeting, shall constitute a quorum for the purposes of conducting the city’s business.

(Code 1959, 1-105; Code 1984; Ord. 1505; K.S.A. 75-4317a; Ord. 1383; C.O. No. 8; Code 2015)

In case of the disability or any vacancy occurring by death or resignation, the governing body shall by a majority vote of the remaining members within 10 days after the happening of such vacancy, appoint some suitable person to fill the unexpired term.

(K.S.A. 15-1405; Code 1984; Ord. 1617, Sec. 5)

No member of the city commission shall directly interfere with the conduct of any department, except at the express direction of the commission at a regularly convened meeting of the board of commissioners.

(Code 1959, 1-107)

Each commissioner shall be paid for his or her services the sum of $100 per month.

(Code 1959, 1-109, Ord. 1425)

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 rate adopted by the governing body for each mile traveled by the shortest route upon the performance of duties assigned by the mayor and/or commission.

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

(Code 1984, Ord. 1425)

(a)   There is hereby incorporated by reference for the purpose of establishing a code of procedure for the conduct of city commission meetings that certain model code known as the “Code of Procedure for Kansas Cities” Second Edition (2006), prepared and published in book form by the League of Kansas Municipalities, Topeka, Kansas (except for such articles, sections, parts or portions as are hereafter omitted or changed).

(b)   At least two copies of the “Code of Procedure for Kansas Cities” shall be marked or stamped OFFICIAL COPY AS INCORPORATED BY ORDINANCE NO. 1590, (with all sections or portions 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.

(c)   Omissions.

Sections 32, 33, 34, 35, 37, 39 and 40 of the “Code of Procedure for Kansas Cities” dealing with Votes: Council City are hereby declared to be and are omitted and deleted.

(d)   Modifications.

Section 2 of the Code is hereby changed to read as follows: “A quorum shall consist of 4 members-elect of the city commission.”

Section 36 of the “Code of Procedure for Kansas Cities” dealing with Votes; Ordinary ordinance is changed to read as follows: “…requires 3 affirmative votes…”

Section 38 of the “Code of Procedure for Kansas Cities” dealing with Votes; Charter ordinance is changed to read as follows: “…requires 4 affirmative votes…”

(Code 1959, 1-108; Code 1984; Ord. 1590; Code 2015)

(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, and all contractors and potential contractors entering into contracts with the City. 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 –

(l)    Interest in Appointments. Canvassing of members of the city commission, 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 commission.

(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 city commissioner or other 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:

(l)    Incompatible Employment - No city commissioner or other 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 city commissioner or other 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 city commissioner or other 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:

(i)    an occasional no pecuniary gift, insignificant in value or

(ii)   an award publicly presented in recognition of public service or

(iii)  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 city commissioner or other 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.

(5)   Contractor Solicitation – Any entity entering into or bidding on any contract with the City is prohibited from soliciting, offering, or granting to any City official or employee any favors, gratuity, compensation, benefit or anything of value for any purpose whatsoever. All City officials and employees are prohibited from soliciting or accepting any favors, gratuity, compensation, benefit or anything of value from any entity entering into or bidding on any contract with the City.”

(f)   Complaints and Procedures – Any allegation of a violation of the Code of Ethics for the City shall be acted upon and resolved through standard policies and procedures of the applicable City department or agency through the City Personnel Policies.”

(g)   Confidentiality – All proceedings of the City Commissioners and any official, department or agency in investigating and reviewing any ethics complaints shall be deemed as personnel matters and, thus, be confidential under Executive Session.”

(h)   Sanctions for Violation – For any violation of the Code of Ethics, the following enforcement actions may be taken:

(1)   For employees of the City:

(A)  A written warning or reprimand be issued pursuant to the personnel policies; or

(B)  A notice of intent to suspend or demote the employee be issued pursuant to personnel policies; or

(C)  A notice to terminate the employee be issued pursuant to personnel policies; or

(D)  A complaint be filed for action with the law enforcement officials; or

(E)   The matter be dismissed for lack of cause.

(2)   For elected Officials of the City:

(A)  A public censure or reprimand be issued; or

(B)  A request that law enforcement officials investigate the alleged violation; or

(C)  The matter be referred to the State Attorney General or County Attorney for consideration; or

(D)  The matter be dismissed for lack of cause.

(3)   For appointed officials of the City or persons acting as representatives on behalf of the City:

(A)  A public censure or reprimand be issued; or

(B)  Removal from the office or position, or termination of any contract, agreement or representative status; or

(C)  A request that law enforcement officials investigate the alleged violation; or

(D)  The matter be dismissed for lack of cause.

(4)   For contractors or bidders for City contracts:

(A)  Rejection of the bid; or

(B)  Termination of the contract and cancellation of any payments due thereunder; or

(C)  The matter be dismissed for lack of cause.”

(Code 1984, Ord. 1525)