CHAPTER I. ADMINISTRATIONCHAPTER I. ADMINISTRATION\ARTICLE 4. ADMINISTRATIVE DEPARTMENTS

The following named departments are hereby established for the administration of the affairs of the City of Newton:

(a)   Department of Law;

(b)   Department of Service;

(c)   Department of Public Welfare;

(d)   Department of Safety;

(e)   Department of Finance;

(f)   Department of Parks;

(g)   Department of Cemetery;

(h)   Department of Water and Sewerage.

(K.S.A. 12-1015; Code 1975, Sec. 1-301)

The department divisions, officers, employees and boards of the city shall be as follows:

(a)   The affairs of the various departments shall be administered by the following officers and employees, or departments or boards, the officers and employees thereof or by such other officers and employees, departments or boards as may be provided by other ordinances, all of whom shall be appointed by the city manager, unless otherwise provided by law, and shall hold office at his or her pleasure. The city manager is authorized to appoint the necessary superintendents or foremen to supervise the work of the various departments, and appoint the necessary skilled employees, laborers and clerical forces as may be required in carrying on the work and performing the duties imposed by this article within available funds of the annual city budget. The city manager need not appoint or employ any officer or employee herein provided for when the business of the city does not require it. The duties of such officers and employees, departments or boards shall be as herein provided or as provided by other ordinances of the city, or by the laws of the State of Kansas:

Department of Law:

(1)   City Attorney

(2)   Assistant City Attorney

(3)   Municipal Judge

Department of Service:

(1)   Engineering Division

(2)   Building, Zoning and Inspection Division

(3)   Streets Division

(4)   Flood Control Division

Department of Public Welfare:

(1)   Board of Health

(2)   Public Health Sanitarian

(3)   Refuse Division

Department of Safety:

(1)   Police Department (Chief and members)

(2)   Fire Department (Chief and members)

(3)   Ambulance Department

Department of Finance:

(1)   Director of Finance

(2)   City Clerk

(3)   City Treasurer

Department of Parks:

(1)   Superintendent

(2)   Maintenance Personnel

Department of Cemetery:

(1)   Superintendent

(2)   Maintenance Personnel

Department of Water and Sewerage:

(1)   Superintendent

(2)   Sewerage Division

(3)   Water Division

(b)   The city manager is authorized to act and perform the duties of superintendent or director of any of the foregoing departments or divisions for which he or she is qualified and may designate some city officer as the director of any department or division to which such officer may be assigned where no other provision is made herein for such appointment.

(K.S.A. 12-1015; Ord. 3112, Sec. 1)

The department of law is created for the administration of the legal affairs of the city, and the supervision and control of the department shall be in charge of a director who shall be known as the city attorney. The city attorney shall be charged with the general direction and supervision of the legal affairs of the city.

(a)   City Attorney; Qualifications; Duties. The city attorney shall appear and prosecute or defend all cases wherein the city is a party in all courts. He or she shall draft all ordinances, contracts, agreements, etc. He or she shall attend ail meetings of the board of commissioners, and shall advise the city commissioners, the manager, officers and administrative boards of the city upon all legal questions affecting the duties of their offices or the interest of the city as may be submitted to the city attorney, and perform other professional services incident to the office. No person shall be eligible to the office of city attorney who is not by profession an attorney-at-law admitted to practice before the Supreme Court of the State of Kansas.

(b)   The Assistant City Attorney, if one is appointed, shall perform such duties of the city attorney as are assigned to him or her by the city attorney, or city manager. In the absence of the city attorney, he or she shall perform the duties of the city attorney.

(c)   Duty of Municipal Judge. The municipal judge shall hear and determine all cases brought into municipal court, and shall have power to bring before said municipal court all parties for trial upon complaints duly and properly made. The municipal judge shall possess and exercise all the powers as conferred and defined by law pertaining to municipal judges of cities of the first class.

(Code of 1974, Sec. 1-303)

Ref.: Municipal Court, Ch. XIV, Art. 1.

The department of service shall consist of the following divisions and have the primary supervision of the city affairs assigned to said divisions by the ordinances of the city and the city manager. The city engineer shall be ex officio superintendent of the department of service subject to the control of the city manager.

(a)   Engineering Division. The engineering division of the department of service is created for the purpose of administering the affairs of the city related to preparation of plans, specifications and estimates for and superintending of the construction of public improvements and surveying and engineering work incidental thereto. The city engineer, when appointed to that office, shall be a professional engineer licensed under the laws of Kansas. In addition to being ex officio superintendent of the department of service, the city engineer shall be immediately responsible for the engineering and surveying work of the city, except as to such work as may be performed by consulting engineers under special contract. The city engineer shall keep· the city manager advised of the engineering problems and works of the city and of the progress of any public improvement therein whether by contract or otherwise, and have such other duties as may be directed by the city manager.

(b)   Building, Zoning and Inspection Division. The building, zoning and inspection division shall be charged with administration of the city ordinances relating to zoning, the construction of buildings and advertiSing signs, the installation and maintenance of plumbing, electrical wiring and gas piping on private premises and shall issue all permits and make the inspections in connection therewith required by such ordinances.

(c)   Streets Division. The streets division shall be charged with the care, cleaning, safety, drainage and maintenance of the streets, alleys, sidewalks and public ways of the city and all equipment used in connection therewith except in those cases where the same are improved or reimproved by special contracts or where other provision is made by ordinance pertaining to sidewalks or removal of snow and ice therefrom.

(d)   Flood Control Division. The flood control division shall be charged with the care, improvement and maintenance of the Sand Creek Flood Control Project and other creeks and waterways.

(Code 1974, Sec. 1-304)

The department of public welfare is created for the protection of the health of the inhabitants of the city and for the control of sanitary conditions.

(a)   Board of Health. The board of health shall consist of the mayor, the city manager and the county health officer who shall be a licensed medical doctor. It shall perform all the duties prescribed by the ordinances of the city and the laws of Kansas.

(b)   Public Health Sanitarian. The public health sanitarian shall be ex officio superintendent of the department of public welfare and shall perform all the duties prescribed by ordinance or the laws of Kansas.

(c)   Refuse Division. The refuse division shall perform the city functions pertaining to the collection, removal and disposal of garbage and trash as provided by ordinance and the care and maintenance of the city vehicles and equipment used for such purposes.

(Code 1975, Sec. 1-305)

The department of safety is hereby created for the protection of the lives and property of all persons within the city. The city manager shall be ex officio superintendent of the department of safety.

(a)   Police Department. The officers of the police department shall be:

(1)   A chief of police;

(2)   Such other officers and members as maybe determined necessary and appointed by the city manager. . The police department shall be under the immediate supervision of the chief of police, and shall perform such duties as are imposed upon it by law and ordinance .

(b)   Fire/EMS Department. The fire department shall be under the immediate supervision of the Fire/EMS chief and shall have and perform such duties as are imposed upon it by law and ordinance.

(1)   A fire chief who may be city fire marshal;

(2)   Such other firefighters/emergency medical personnel as from time to time may be recommended to, and appointed by, the city manager.

(c)   An ambulance service of the City of Newton, is hereby authorized and established and shall consist of such emergency vehicles, storage therefor and personnel as is necessary to meet the demands of such service within the funds available therefor. Such service shall be under the direct supervision and control of the city manager. Upon recommendation of the city manager, the governing body may from time to time by resolution, determine the fees to be charged for such ambulance service.

(Code 1975, Sec. 1-306; Code 1998)

The department of finance is created for the purpose of having general control over the financial affairs of the city.

(a)   Director of Finance. A director of finance will be in charge of the department, subject to the supervision of the city manager. The director shall be appointed and hold office at the pleasure of the city manager.

(b)   City Clerk. The duties of the city clerk shall be as follows:

(1)   Serve as ex officio city clerk and perform all acts and duties prescribed by statute and ordinance concerning the city clerk;

(2)   Attend all meetings of the board of commissioners;

(3)   Keep a true record of all his or her official acts, and when necessary attest to them;

(4)   Keep and preserve in the director’s office the corporate seal of the city, together with all the records, public papers and documents of the city not belonging to any other officer;

(5)   Administer oaths; and

(6)   Perform such other duties as are now provided by law and ordinance and are not inconsistent with the provisions of this section.

(c)   City Treasurer. It shall be the duty of the city treasurer to safely keep and account for all the moneys of the city coming into the city treasurer’s possession. The accounts of the city shall be kept by the city treasurer in such way that a full statement of the city finances may be made each month. Expenditures shall be legal only on the basis of appropriations in the budget, and on the authority of warrants issued by the director of finance countersigned by the city manager. In no case shall warrants be issued to exceed the balance in such fund. All moneys belonging to the city shall be deposited with responsible banking institutions which will pay the highest interest on the funds deposited, and said interest shall accrue to the benefit of the city, subject to the provisions of article 8 of this chapter.

(d)   All necessary stenographic and clerical forces may be employed from time to time as may be necessary. Each and all of such employees of said department shall be appointed and hold office at the pleasure of the city manager.

(Code 1975, Sec. 1-307; Code 1998)

The department of parks is hereby created and shall be managed by a superintendent subject to the supervision and control of the city manager. The department shall be charged with the care, improvement and maintenance of the city parks, grounds and recreational facilities operated in connection therewith.

(Code 1975, Sec. 1-308)

The department of cemetery is hereby created and shall be managed by a superintendent subject to the supervision and control of the city manager. The department shall be charged with the care, improvement and maintenance of the city cemetery. It shall also administer all ordinances and regulations pertaining to the city cemetery and the laws of Kansas relating to cemeteries and burial of the dead.

(Code 1975, Sec. 1-309)

The department of water and sewerage is hereby created and shall be managed by the superintendent of sewage and water plants subject to the supervision and general control of the city manager. The department shall be charged with the maintenance and operation of the city waterworks and sewerage systems and the care and custody of the equipment and machinery of the city owned or used for such purposes.

(Code 1975, Sec. 1-310)