12-1014. Same; duties and functions of manager; civil service commission in certain cities; appointments.
12-1014
12-1014. Same; duties and functions of manager; civil service
commission in certain cities; appointments.
The manager shall be responsible for the administration of all of the
affairs of the city. He or she shall see that the laws and ordinances are
enforced. The manager shall appoint and remove all heads of departments,
and all subordinate officers and employees of the city. All appointments
shall be made upon merit and fitness alone: Provided, That if any city
operating under the commission form of government adopts the city manager
form of government, after January 1, 1947, and at the time of such adoption
has a civil service commission, said commission shall have a right to serve
out its present time and such city shall continue to have a civil service
commission and such civil service commission shall determine the merit and
fitness of any and every person appointed to any position within the
jurisdiction of the civil service commission, as established by the laws of
1913, chapter 88[*], and acts amendatory thereto: And provided
further, That no officer or employee who is under civil service at the
time of the adoption of the city manager form of government shall be
discharged or removed from the office or position of employment he or she
holds at the time of such adoption, except for cause, and then only in the
manner prescribed by the civil service law in force at the time such
removal or discharge is sought. In all cities adopting the city manager
form of government, in which no civil service law is in force at the time
of such adoption after January 1, 1947, the manager shall have the option
to require the appointment of the civil service commission as established
by the provisions of K.S.A. 13-2201 and any amendments thereto.
The governing board at the request of the manager, shall appoint civil
service commissioners as is now or may hereafter be provided for by law for
cities of the state of Kansas. He or she shall be responsible for the
discipline of all appointive officers, and may, without notice, cause the
affairs of any department or the conduct of any officer or employee to be
examined. He or she shall prepare and submit the annual budget to the
governing body and also keep the city fully advised as to the financial
conditions and needs of the city. He or she may make recommendations to the
commissioners on all matters concerning the welfare of the city, and shall
have a seat, but no vote, in all of the public meetings of the governing
body.
No member of the city commission shall directly interfere with the
conduct of any department, except at the express direction of the
commission: Provided, however, That all cities having a population of
over one hundred thousand, owning an electric-light plant, a waterworks
plant, a municipal airport or other public utilities, which utilities are
operated, managed and controlled by a board of public utilities as provided
by chapter 126[*] of the laws of Kansas for 1929, and all acts and parts
of acts amendatory thereof, the utilities herein enumerated, as well as
other utilities, shall be managed, operated and controlled by such boards
of public utilities and the city manager shall have no jurisdiction or
control over said utilities.
History: L. 1917, ch. 86, § 12; R.S. 1923, § 12-1014; L. 1945,
ch. 100, § 1;
L. 1947, ch. 113, § 1; March 14.