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14-205. Qualifications of officers; appointment of nonresidents; removal of officer, effect; oaths and bonds. All officers elected or appointed shall be qualified electors of said city, except that the city may appoint nonresidents as city attorney, municipal judge and as law enforcement officers when deemed necessary, including the appointment of nonresidents who also serve as city attorney, municipal judge or law enforcement officers of another municipality or public agency: Provided, That nothing herein shall authorize the appointment of nonresidents of this state. The city attorney shall be a qualified elector of the county in which said city is located or of an adjoining county. The removal from such city of any officer required to be a qualified elector shall occasion a vacancy in such office. The clerk shall enter every appointment to office, and the date thereof, on the journal of proceedings. The council may require all city officers, elected or appointed, to take and subscribe an oath and give bonds and security for the faithful performances of their duties.

History: L. 1872, ch. 100, § 16; R.S. 1923, § 14-205; L. 1967, ch. 90, § 6; L. 1968, ch. 274, § 34; April 30.

Source or prior law:

L. 1862, ch. 46, art. 2, § 1, ¶ 18; L. 1864, ch. 69, § 2, ¶ 17; L. 1867, ch. 68, art. 3, § 2, ¶ 17; G.S. 1868, ch. 19, § 30, ¶ 17; L. 1871, ch. 62, § 7.

Attorney General's Opinions:

Groundwater management district management representative must maintain residence in same manner as officers of Kansas cities. 82-70.

Public officers and employees prohibited from making certain contracts. 84-49.

Filling vacancy in state representative office; resignation of legislator; notice; member-elect. 90-137.

Member of city council also a hospital trustee; incompatibility of offices. 93-29.

CASE ANNOTATIONS

1. Action on city treasurer's bond; funds held from first term. Bernhard v. City of Wyandotte, 33 Kan. 465, 6 P. 617.

2. When mayor of third-class city holds over considered. Moser v. Shamleffer, 39 Kan. 635, 636, 637, 18 P. 956.

3. Contest of election; allegation as to qualification to hold office. Watt v. Jones, 60 Kan. 201, 208, 56 P. 16.

4. Vacancy in council; bond issue not rendered illegal; injunction refused. Hartzler v. City of Goodland, 97 Kan. 129, 133, 154 P. 265.

5. Cited in holding surety liable on city clerk's bond. City of Anthony v. Corbin, 133 Kan. 337, 338, 299 P. 603.

6. Police chief not liable on bond for action of arresting officer. Wommack v. Lesh, 180 Kan. 548, 551, 305 P.2d 854.

7. Discussed in construing provisions of K.S.A. 14-201, 14-822. Riggs v. City of Beloit, 199 Kan. 425, 427, 428, 429 P.2d 821.


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