12-1014.   Same; duties and functions of manager; civil servicecommission in certain cities; appointments.The manager shall be responsible for the administration of all of theaffairs of the city. He or she shall see that the laws and ordinances areenforced. The manager shall appoint and remove all heads of departments,and all subordinate officers and employees of the city. All appointmentsshall be made upon merit and fitness alone: Provided, That if any cityoperating under the commission form of government adopts the city managerform of government, after January 1, 1947, and at the time of such adoptionhas a civil service commission, said commission shall have a right to serveout its present time and such city shall continue to have a civil servicecommission and such civil service commission shall determine the merit andfitness of any and every person appointed to any position within thejurisdiction of the civil service commission, as established by the laws of1913, chapter 88[*], and acts amendatory thereto: And providedfurther, That no officer or employee who is under civil service at thetime of the adoption of the city manager form of government shall bedischarged or removed from the office or position of employment he or sheholds at the time of such adoption, except for cause, and then only in themanner prescribed by the civil service law in force at the time suchremoval or discharge is sought. In all cities adopting the city managerform of government, in which no civil service law is in force at the timeof such adoption after January 1, 1947, the manager shall have the optionto require the appointment of the civil service commission as establishedby the provisions of K.S.A. 13-2201 and any amendments thereto.

      The governing board at the request of the manager, shall appoint civilservice commissioners as is now or may hereafter be provided for by law forcities of the state of Kansas. He or she shall be responsible for thediscipline of all appointive officers, and may, without notice, cause theaffairs of any department or the conduct of any officer or employee to beexamined. He or she shall prepare and submit the annual budget to thegoverning body and also keep the city fully advised as to the financialconditions and needs of the city. He or she may make recommendations to thecommissioners on all matters concerning the welfare of the city, and shallhave a seat, but no vote, in all of the public meetings of the governingbody.

      No member of the city commission shall directly interfere with theconduct of any department, except at the express direction of thecommission: Provided, however, That all cities having a population ofover one hundred thousand, owning an electric-light plant, a waterworksplant, a municipal airport or other public utilities, which utilities areoperated, managed and controlled by a board of public utilities as providedby chapter 126[*] of the laws of Kansas for 1929, and all acts and partsof acts amendatory thereof, the utilities herein enumerated, as well asother utilities, shall be managed, operated and controlled by such boardsof public utilities and the city manager shall have no jurisdiction orcontrol 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.