Printable Format13-527. Appointive officers and employees; terms and salaries; vacancies. Subject to K.S.A. 12-16,128, and amendments thereto, the mayor, by and with the consent of the council, may appoint a city attorney, city prosecutor, city clerk, city treasurer, municipal judge of the municipal court, city engineer, director of public works, chief of police, policemen, and such other officers and employees as they may deem necessary for the best interests of the city, but no such officer shall be appointed until such officer's term of office and salary shall have been fixed by ordinance; and all contracts of employment of auditors, accountants, engineers, attorneys, counselors and architects for any special purpose shall be authorized by ordinance.
The term of all such officers shall be provided by ordinance. In case of an appointment to fill a vacancy such appointee shall only serve for the remainder of the term for which the officer's predecessor was appointed.
History: L. 1903, ch. 122, § 90; L. 1909, ch. 70, § 1; L. 1915, ch. 196, § 8; R.S. 1923, § 13-527; L. 1935, ch. 105, § 2; L. 1965, ch. 129, § 1; L. 1967, ch. 90, § 2; L. 2008, ch. 163, § 8; July 1.
Source or prior law:
L. 1862, ch. 46, art. 2, § 1, ¶ 15; L. 1864, ch. 69, § 2, ¶ 14; L. 1867, ch. 70, § 1, ¶ 14; G.S. 1868, ch. 18, § 15, ¶ 15; G.S. 1868, ch. 18, § 55; L. 1869, ch. 24, § 1, ¶ 23; L. 1870, ch. 47, § 1, ¶ 26; L. 1875, ch. 70, § 2; L. 1881, ch. 37, § 79; L. 1899, ch. 80, § 1; L. 1903, ch. 123, § 1.
Attorney General's Opinions:
Open meetings act; executive sessions; applicability; persons entitled to attend; actions taken. 91-31.
Discussions concerning candidate for municipal court judge should take place openly and not in executive session. 2002-28.
City governing body that rejects mayoral appointment must make determination the candidate is unfit or unqualified; basis for determination not required. 2008-23.
CASE ANNOTATIONS
1. When term not designated, first term dates from appointment. Hale v. Bischoff, 53 Kan. 301, 36 P. 752.
2. Appointment for one year; officer holds for full two-year term. Hale v. Bischoff, 53 Kan. 301, 36 P. 752.
3. Appointment for full term during vacancy; appointment for vacancy only. Hale v. Bischoff, 53 Kan. 301, 36 P. 752.
4. Officer holding over, officer de facto; official acts valid. Hale v. Bischoff, 53 Kan. 301, 36 P. 752.
5. Act of 1915 attempting to amend this section held unconstitutional. The State, ex rel., v. Deming, 98 Kan. 420, 158 P. 34.
6. Authority of city to appoint special counsel considered; compensation. City of Topeka v. Ritchie, 105 Kan. 398, 402, 184 P. 728.
7. Cited; jury trial not demandable on appeal from police court conviction. City of Fort Scott v. Arbuckle, 165 Kan. 374, 387, 196 P.2d 217.