Chapter 1 · Administration

Article 2. Governing Body

Sections 1-201 to 1-212 · 12 sections

1-201 Governing body.

The governing body shall consist of a mayor and city council to be elected as set out in Chapter 6 of this code.

(Code 1991)

1-202 Same; powers generally.

All powers exercised by cities of the third class or which shall hereafter be conferred upon them shall be exercised by the governing body, subject to such limitations as prescribed by law. All executive and administrative authority granted or limited by law shall be vested in the mayor and city council as governing body of the city.

(K.S.A. 12-103; Code 1991)

1-203 Same; meetings.

(a)Regular meetings of the governing body shall be held on the third Monday of each month at 7:00 p.m. In the event the regular meeting day shall fall on any legal holiday or any day observed as a holiday by the city offices, the governing body shall fix the succeeding day not observed as a holiday as a meeting day or on any other day as determined by the governing body at the preceding regular meeting.

(b)Special meetings shall be called by the mayor upon the request of any three members of the council, made either by written or electronic means, specifying the object and purpose of such meeting, which request shall be read at a meeting and entered at length on the journal.

(d)Regular or special meetings of the governing body may be recessed for the completion of its business at such subsequent time and place as the governing body shall determine in its motion to recess.

(K.S.A. 15-106; Code 1991; Ord. 95-801; Ord. 2008-05; Code 2023)

1-204 Same; quorum.

In all cases, it shall require a majority of the councilmembers-elect to constitute a quorum to do business.

(K.S.A. 15-106; Code 1991)

1-205 Powers of the mayor.

The mayor shall preside at all meetings of the governing body. The mayor shall have the tie-breaking vote on all questions when the members present are equally divided, except when seeking consent to fill a vacant seat of the city council. The mayor shall:

(a)Have the superintending control of all officers and affairs of the city;

(b)Take care that the ordinances of the city are complied with;

(c)Sign the commissions and appointments of all officers elected or appointed;

(d)Endorse the approval of the governing body on all official bonds;

(e)From time to time communicate to the city council such information and recommend such measures as he or she may deem advisable;

(f)Have the power to approve or veto any ordinance as the laws of the state shall prescribe;

(g)Sign all orders and drafts drawn upon the city treasury for money.

(K.S.A. 15-301:302,305:306,308:309; Code 1991; Code 2023)

1-206 President of the council.

The city council shall elect one of its own body as president of the council. The president of the council shall preside at all meetings of the council in the absence of the mayor. In the absence of both the mayor and the president of the council, the council shall elect one of its members as “acting president of the council.” The president and acting president, when occupying the place of mayor, shall have the same privileges as other councilmembers but shall exercise no veto. The President of the Council shall retain the position while a duly qualified council member or until removed by a majority vote of the total members elect of the city council.

(K.S.A. 15-310; Code 1991; Code 2023)

1-207 Administrative powers.

The governing body may designate whether the administration of a policy or the carrying out of any order shall be performed by a committee, an appointive officer, or the mayor. If no administrative authority is designated it shall be vested in the mayor.

(Code 1991)

1-208 Vacancies in governing body; how filled.

In case of a vacancy in the council occurring by reason of resignation, death, or removal from office or from the city, the mayor, by and with the advice and consent of the remaining councilmembers, shall appoint an elector to fill the vacancy until the next election for that office. In case any person elected as a councilmember neglects or refuses to qualify within 30 days after election, the councilmember shall be deemed to have refused to accept the office and a vacancy shall exist. The mayor may, with the consent of the remaining councilmembers, appoint a suitable elector to fill the vacancy.

In case of a vacancy in the office of mayor, the president of the council shall become mayor until the next regular election for that office and a vacancy shall occur in the office of the councilmember becoming mayor.

(K.S.A. 15-201; Code 1991)

1-209 Compensation.

Members of the governing body shall receive as compensation such amounts as may be fixed by ordinance.

(Code 1991)

1-210 Expenses.

Each member of the governing body shall receive for his or her services and as reimbursement for his or her expenses, compensation as follows:

(a)Mileage at the same rate as is established by law by the state of Kansas for state employees for each mile traveled by the shortest route upon the performance of duties assigned by the mayor and/or city council.

(b)Reimbursement for actual food and lodging expenses upon the performance of duties assigned by the mayor and/or city council, provided such expenses shall be documented by proper receipts.

(Code 1991)

1-211 Rules and order of business.

The following shall constitute guidelines for the rules and order of business of the city.

Rule 1.

(a) Adjourned Meetings. Adjourned meetings of the governing body may be held at such time and place as the governing body may determine in the motion to adjourn.

(b) Recessed Meetings. Recessed meetings of the governing body may be held at such time and place as the governing body determines in the motion to recess.

Rule 2. Special Meetings. Special meetings may be held at any time upon a call signed by a majority of the governing body. The call of a special meeting may be in written or electronic form.

Rule 3. Code of Procedure. The Code of Procedure as published by the League of Kansas Municipalities and adopted by motion during the regular meeting of February 2021, shall be governing for the conduct of open meetings. The approved motion is restated below: That the most recent edition of the Code of Procedure for Kansas Cities published by the League of Kansas Municipalities shall be followed for all City Council meetings; that in case of conflict between The Code Procedure and/or the Benton City Code and/or Kansas Statutes, the Kansas Statutes shall prevail, except in cases where Home Rule action has been previously taken by the City.

Rule 4. Order of Business. At the hour appointed for meeting, the governing body shall be called together by the mayor, and in his or her absence by the president of the council. At that time, a determination will be made if a quorum is present and note the absentees. Upon the appearance of a quorum the governing body shall proceed to business, which shall be conducted in the following order:

(1)Approval of the Consent Agenda

(2)Approval of the Agenda

(3)Presentation of petitions, memorials, remonstrances, and Public Comment

(4)Unfinished business

(5)New business

(6)Reports of other city officers.

(7)Open Discussion, if desired (non-binding)

(8)Executive Session, if required (may be called at any time)

(9)Final Motion, if desired

(10)Adjourn

Rule 5. Order. The mayor shall preserve order and decorum and shall decide questions of order subject to an appeal to the council.

Rule 6. Decorum. Every member previous to his or her speaking shall address himself or herself to the chair and shall not proceed until recognized by the chair. He or she shall indulge in no personalities and confine his or her remarks to the matter under debate.

Rule 7. Point of Order. A member called to order shall immediately suspend until the point of order raised is decided by the chair.

Rule 8. Certain Motions in Writing. Every motion except to adjourn, postpone, reconsider, commit, lay on the table, or for the previous question, shall be reduced to writing if the chair or any member requires it; when made and seconded, it shall be stated by the chairperson or being written shall be read by the clerk, and may be withdrawn before decision or amendment, or any disposition thereof has been made, or a vote thereon had.

Rule 9. Resolutions. All resolutions must be in writing.

Rule 10. Motions During Debate. When a question is under debate no motion shall be entertained except:

(1)To adjourn;

(2)To lay on the table;

(3)To take the previous question;

(4)To postpone;

(5)To amend;

which several motions shall have precedence in the order in which they are named, and the first three shall be decided without debate.

Rule 11. Division. Any member may call for a division of a question when the same will admit thereof. All votes of the governing body will be recorded in division for the minutes.

Rule 12. Voting; Abstaining From Voting. When a question is put by the chair, every member present shall vote unless for special reasons the chair shall excuse him or her. For those questions for which an abstention is permitted, such a vote shall be counted as a vote cast in favor of the position taken by the majority of those persons present and voting. In doubtful cases the chair may direct, or any member may call for, a division. The yeas and nays shall be called upon a requisition of the chair or any member, and upon the final passage of all ordinances in which case the names of the members voting and their votes shall be recorded in the minutes.

Rule 13. Precedence of Questions. All questions shall be put in the order in which they are moved, except in case of privilege questions, and in filling blanks the longest time and the largest sum shall be first.

Rule 14. Previous Question. The previous question shall be put in these words: “Shall the main question now be put?” It shall be admitted on demand of any member and until decided shall preclude all amendments and debate of the main question.

Rule 15. Passing of Ordinances. All ordinances shall be read by sections, at which time amendments, if any, may be offered, but the reading of any section shall not preclude the offering of an amendment to any preceding one. If amendments are made the chair shall so report, and each section shall be read as amended before the vote on the passage of the ordinance is taken. After reading and amendment (if any) of the ordinance, the question shall be: “Shall the ordinance pass?” The vote on the final passage of an ordinance shall be taken by yeas and nays, which shall be entered on the journal by the clerk; and no ordinance shall be valid unless a majority of (or otherwise as required by law) the members of the council vote in favor thereof: Provided, That no ordinance shall contain more than one subject, which shall be clearly expressed in its title, and no section or sections of an ordinance shall be amended unless the amending ordinance contains the entire section or sections as amended and the section or sections amended shall be repealed.

(K.S.A. 12-3002, 12-3004)

Rule 16. Signing and Engrossing Ordinances. After an ordinance shall have passed it shall be correctly entered in the original ordinance book and the original and the book copy shall be signed by the mayor, or in the absence of the mayor by the acting mayor, and attested by the clerk, who shall secure publication of the ordinance as required by law.

Rule 17. Clerk Reads Communications. Petitions and other papers addressed to the governing body shall be read by the clerk under proper order of business upon presentation of the same to the board.

Rule 18. Robert’s Rules of Order. In all points not covered by these rules the governing body shall be governed in its procedure by Robert’s Rules of Order.

(Code 1991; Code 2023)

1-212 Code of ethics.

(a)Declaration of Policy — The proper operation of our government requires that public officials and employees be independent, impartial and responsible to the people; that governmental decisions and policy be made in the proper channels and that the public have confidence in the integrity of its government. In recognition of those goals, there is hereby established a Code of Ethics for all officials and employees, whether elected or appointed, paid or unpaid. The purpose of this code is to establish ethical standards by setting forth those acts or actions that are incompatible with the best interests of the city.

(b)Responsibilities of Public Office — Public officials and employees are agents of public purpose and hold office for the benefit of the public. They are bound to uphold the Constitution of the United States and the Constitution of this State and to carry out impartially the laws of the nation, state, and city and thus to foster respect for all government. They are bound to observe in their official acts the highest standards of morality and to discharge faithfully the duties of their office regardless of personal considerations, recognizing that the long term public interest must be their primary concern. Their conduct in both their official and private affairs should be above reproach.

(c)Dedicated Service — All officials and employees of the city should be responsive to the political objectives expressed by the electorate and the programs developed to attain those objectives. Appointive officials and employees should adhere to the rule of work and performance established as the standard for their positions by the appropriate authority. Officials and employees should not exceed their authority or breach the law or ask others to do so, and they should work in full cooperation with other public officials and employees unless prohibited from so doing by law or by officially recognized confidentiality of their work.

(d)Fair and Equal Treatment —

(1)Interest in Appointments. Canvassing of members of the city council, directly or indirectly, in order to obtain preferential consideration in connection with any appointment to the municipal service shall disqualify the candidate for appointment except with reference to positions filled by appointment by the city council.

(2)Use of Public Property - No official or employee shall request or permit the use of city-owned vehicles, equipment, materials or property for personal convenience or profit, except when such services are available to the public generally or are provided as city policy for the use of such official or employee in the conduct of official business.

(3)Obligations to Citizens - No official or employee shall grant and special consideration, treatment, or advantage to any citizen beyond that which is available to every other citizen.

(e)Conflict of Interest — No elected or appointive city official or employee, whether paid or unpaid, shall engage in any business or transaction or shall have a financial or other personal interest, direct or indirect, which is incompatible with the proper discharge of his or her duties in the public interest or would tend to impair his or her independence of judgment or action in the performance of his or her official duties. Personal as distinguished from financial interest includes an interest arising from blood or marriage relationships or close business or political association.

Specific conflicts of interest are enumerated below for the guidance of officials and employees:

(1)Incompatible Employment - No elected or appointive city official or employee shall engage in or accept private employment or render services for private interests when such employment or service is incompatible with the proper discharge of his or her official duties or would tend to impair his or her independence of judgment or action in the performance of his or her official duties.

(2)Disclosure of Confidential Information - No elected or appointive city official or employee, shall, without proper legal authorization, disclose confidential information concerning the property, government or affairs of the city. Nor shall he or she use such information to advance the financial or other private interest of himself, herself or others.

(3)Gifts and Favors. No elected or appointive city official or employee shall accept any valuable gift, whether in the form of service, loan, thing or promise, from any person, firm, or corporation which to his or her knowledge is interested directly or indirectly in any manner whatsoever in business dealings with the city; nor shall any such official or employee (a) accept any gift, favor or thing of value that may tend to influence him or her in the discharge of his or her duties or (b) grant in the discharge of his or her duties any improper favor, service, or thing of value. The prohibition against gifts or favors shall not apply to: (a) an occasional non pecuniary gift, of only nominal value or (b) an award publicly presented in recognition of public service or (c) any gift which would have been offered or given to him or her if not an official or employee.

(4)Representing Private Interest Before City Agencies or Courts - No elected or appointive city official or employee whose salary is paid in whole or in part by the city shall appear in behalf of private interest before any agency of this city. He or she shall not represent private interests in any action or proceeding against the interest of the city in any litigation to which the city is a party.

(Code 1991)