A CHARTER ORDINANCE EXEMPTING THE CITY OF NEWTON, KANSAS, FROM THE PROVISIONS OF K.S.A. 12-1014 AND K.S.A. 12-1024 REGARDING THE POWERS, DUTIES AND FUNCTIONS OF THE CITY MANAGER, AND PROVIDING SUBSTITUTE PROVISIONS THEREFOR; AMENDING ARTICLE 3 OF CHAPTER I OF THE CODE OF THE CITY OF NEWTON, KANSAS, PERTAINING TO THE POWERS AND DUTIES OF THE CITY MANAGER; AND, AMENDING ARTICLE 2 OF CHAPTER I OF THE CODE OF THE CITY OF NEWTON, KANSAS, TO ADD A NEW SECTION THERETO PERTAINING TO THE POWER AND RESPONSIBILITY FOR THE APPOINTMENT OF THE CITY ATTORNEY; AND REPEALING ORIGINAL ARTICLE 3 OF CHAPTER I OF THE CODE OF THE CITY OF NEWTON, KANSAS.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF NEWTON, KANSAS:

SECTION 1. By the power vested in the City of Newton, Kansas, by Article 12, Section 5, of the Constitution of the State of Kansas, said City hereby elects to exempt itself from and make inapplicable to it the provisions of K.S.A. 12-1014 and K.S.A. 12-1024, such provisions being a part of an enactment applicable to the City of Newton, but not applicable uniformly to all cities.

SECTION 2. Article 3 of Chapter I of the Code of the City of Newton, Kansas, is hereby amended to read as follows:

ARTICLE 3. CITY MANAGER.

1-301.       QUALIFICATIONS AND TERM OF CITY MANAGER. The city manager shall be appointed by and hold office at the pleasure of the city commission. The city manager shall be chosen solely on the basis of administrative ability, and shall not be limited by any residence qualifications. The city manager shall receive such salary and benefits as shall be determined from time to time by the city commission, and shall give a surety bond for the faithful performance of his or her duties in such amount as may be provided by ordinance.

1-302.       DUTIES AND RESPONSIBILITIES OF CITY MANAGER. The duties and responsibilities of the city manager shall be as follows:

(a)   Manage, direct, control and supervise all of the administrative departments and services of the city.

(b)   Appoint, establish the compensation and benefits of, direct, assign the duties of, supervise, discipline, remove and be responsible for the proper and efficient performance of all heads of all administrative departments within the city and all subordinate officers and employees of the city; provided, however, that all such appointments by the city manager shall be upon merit and fitness alone, except only for such specific, additional qualifications as may be established from time to time under ordinances or policies approved by the city commission; and provided, further, that the compensation and benefits established for each such department head, officer and employee of the city shall be within the approved budget of the city.

(c)   Be responsible for the preparation and submittance of the annual budget of the city, and keep the city commission fully, completely and timely advised as to the financial condition of the City.

(d)   Exercise general supervision and control over all city purchases and expenditures in accordance with the budget and such policies as may be established from time to time by the city commission.

(e)   Be responsible for the care and management of all city-owned land, property, buildings and equipment.

(f)   Develop and prepare such short-range and long-range planning as the city commission shall request, and submit such planning to the city commission for consideration and approval.

(g)   Attend all regular and special meetings of the city commission and such other meetings of commissions, boards, advisory groups and other organizations as the city commission shall designate or which shall otherwise be necessary or desirable for the fulfillment of the city manager’s duties and responsibilities.

(h)   Report regularly to the city commission on the status of the City and its services.

(i)    Make such recommendations to the city commission necessary or advisable for the effective administration of all city services.

(j)    Perform such other duties as the city commission may direct from time to time.

SECTION 3. Article 2 of Chapter I of the Code of the City of Newton, Kansas, is hereby amended to add a new Section 1-212 thereto reading as follows:

1-212.       APPOINT CITY ATTORNEY. 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.

(02-10-1998)