In accordance with state law, the City of Newton, Kansas, operates under the Commission-Manager form of government.

(R.O. 1964, Sec. 1-101; Ord. 4932-17; Ord. 4991-19)

The Governing Body of the City shall consist of five City Commissioners.  The said Governing Body may be referred to in this code as the City Commission, Commission, Governing Body, or Board of Commissioners.

(K.S.A. 12-1002; R.O. 1964, 1-102; Ord. 4932-17; Ord. 4991-19)

No distinction shall be made in title or duties among the Commissioners, except as the board shall organize itself for business.

(K.S.A. 12-1006; R.O. 1964, 1-103; Ord. 4932-17; Ord. 4991-19)

All powers exercised by cities of the first class, or which shall hereafter be conferred upon them, shall be exercised by the City Commission as the Governing Body of the City.

(K.S.A. 12-1007; R.O. 1964, 1-104; Ord. 4932-17; Ord. 4991-19)

The members of the Governing Body of the City shall receive salaries for their service as follows:

(a)   Each Commissioner other than the Mayor shall receive a base salary in the amount of $2, 100 per year, payable in monthly installments, and in addition thereto, shall 1-206. receive the sum of $25 for each special or emergency meeting of the City Commission at which formal votes may be taken.

(b)   The Mayor shall receive a base salary in the amount of $2, 700 per year, payable in monthly installments, and in additional thereto, shall receive the sum of $30 for each special or emergency meeting of the City Commission at which formal votes may be taken.

(c)   Each calendar year, the amount of the base salaries and the additional meeting compensation may be adjusted by the same percentage as the average by which the compensation of general employees of the City was adjusted during the preceding calendar year in the form of cost-of-living adjustments. The amount of such adjustments shall be determined annually by resolution of the City Commission.

(K.S.A. 12-1007; R.O. 1964, 1-105; Ord. 4932-17; Ord. 4991-19)

Commissioners shall serve without posting a surety bond. In lieu of a bond, the City shall purchase a policy of insurance for the Commissioners to protect the City from any loss caused by neglect of duty, misfeasance in office, malfeasance in office, or misappropriation of City funds.

(K.S.A. 12-1009; C.O. 2; C.O. 21; C.O. 37; C.O. No. 41; C.O. 50; C.O. 52; Ord. 4932-17; Ord. 4991-19)

The City Commission shall provide for offices as shall be necessary to carry out the provisions of the laws of the State of Kansas and shall determine the compensation of such officers as may be appointed.

(K.S.A. 12-1010; R.O. 1964, 1-108; Ord. 4932-17; Ord. 4991-19)

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 City Commission.

(K.S.A. 12-1010; R.O. 1964, 1-109; Code 2014; Ord. 4932-17; Ord. 4991-19)

The regular meetings of the Commission shall be on the second and fourth Tuesdays of each month, and shall commence at the hour of 7:00 p.m. A call signed by the Mayor, or by a majority of the City Commission, shall be sufficient warrant for a special meeting on the date and at the hour designated in the call.

(K.S.A. 12-1014; R.O. 1964, 1-110; Ord. 4932-17; Ord. 4991-19)

The City Commission shall determine its own order of business.

(C.O. No. 8; C.O. No. 15; C.O. No. 18, C.O. No. 36; Code 2014; Ord. 4932-17; Ord. 4991-19)

All regular meetings and special meetings of the City Commission shall be open to the public. Three Commissioners shall constitute a quorum of the City Commission for the purpose of transacting official business. No ordinance shall be passed by the City Commission except by an affirmative vote of three Commissioners.

(Code 1981, 1-113; Ord. 4932-17; Ord. 4991-19)

Except as otherwise provided herein, the attendance of not less than three members of the City Commission of the City of Newton, Kansas, shall be necessary to constitute a quorum to do business at any regular or special meeting of the City Commission. If a quorum is not present at or during any portion of a regular or duly called special meeting of the City Commission, a majority of the members present may take any of the following actions:

(a)   to recess such meeting from time to time or from day to day until such time as a quorum may be present, provided that the date, time and place to which such meeting is to be recessed is publicly announced during the open session of such meeting being so recessed; or

(b)   to adjourn the meeting. If, through death, resignation or other vacancy in office, there is less than four members-elect of the City Commission, then a majority of the total number of members-elect shall be necessary to constitute a quorum.

(C.O. No. 43, Sec. 2; Code 2014; Ord. 4932-17; Ord. 4991-19)

Administrative departments shall be created by the City Commission as public business may demand and as provided by state statutes.

(Ord. 4274-98; Code 2014; Ord. 4932-17; Ord. 4991-19)

The City Commission shall appoint a City Manager, as provided in Article 3 of this Chapter, and shall be responsible for his or her efficient administration of the City’s business.

(Ord. 4932-17; Ord. 4991-19)

The City Commission shall appoint a City Attorney, and any Assistant City Attorneys as the City Commission may from time to time deem desirable, and shall establish the terms and compensation for such person or persons.

(Ord. 4932-17; Ord. 4991-19)

Whenever authorized to do so by state law or the ordinances of the City, the City Commission shall appoint members of various City Boards and Commissions.

(Ord. 4932-17; Ord. 4991-19)

In the event of a catastrophe in which all, or a majority, of the members of the City Commission are fatally injured, the interim City Commission shall be composed of the surviving members, the City Attorney, and the City Clerk

(Ord. 4932-17; Ord. 4991-19)