Chapter 1

CHAPTER I. ADMINISTRATION

                                                Article 1.          General Provisions
                                                Article 2.          Governing Body
                                                Article 3.          Elections
                                                Article 4.          Officers and Employees
                                                Article 5.          Oaths and Bonds
                                                Article 6.          Personnel Regulations and Employee Benefits
                                                Article 7.          Investment of Idle Funds
                                                Article 8.          Open Records

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 ARTICLE 1. GENERAL PROVISIONS

1-101.  CODE DESIGNATED. The chapters, articles and sections herein shall constitute and be designated as "The Code of the City of Hugoton, Kansas," and may be so cited. The Code may also be cited as the "Hugoton City Code." (Code 2011)

1-102.  DEFINITIONS AND RULES OF CONSTRUCTION. In the construction of this code and of all ordinances of the city, the following definitions and rules of construction shall be observed, unless they are inconsistent with the manifest intent of the governing body or the context clearly requires otherwise:
                                    (a)        City. The words "the city" shall mean the City of Hugoton, Stevens County,
Kansas.
                                    (b)        Computation of Time. The time within which an act is to be done shall be computed by excluding the first and including the last day. If the last day is Sunday, that day shall be excluded.
                                    (c)        County. The words "the county" mean the County of Stevens in the State of Kansas.
                                    (d)        Joint Authority. All words giving a joint authority to three or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.
                                    (e)        May. The word "may" permits discretion to act.
                                    (f)        Number. Words used in the singular include the plural and words used in the plural include the singular.
                                    (g)        Oath. The word "oath" includes an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words "swear" and "sworn" are equivalent to the words "affirm" and "affirmed."
                                    (h)        Or, And. The word "or" may be read as "and," and the word "and" as "or," where the sense requires it.
                                    (i)         Owner. The word "owner" applied to a building or land, shall include not only the owner of the whole, but any part owner, joint owner, tenant in common or joint tenant of the whole or a part of such building or land.
                                    (j)         Permit. The word "permit" means to permit, suffer, establish or maintain.
                                    (k)        Person. The word "person" includes an individual, a firm, partnership, association of persons, corporation, organization or any other group acting as a unit.
                                    (l)         Personal Property. The words "personal property" include every species of property, except real property.
                                    (m)      Preceding, Following. The words "preceding" and "following" mean next before and next after, respectively.
                                    (n)        Real Property. The words "real property" include lands, tenements and hereditaments.
                                    (o)        Shall. The word "shall" makes action mandatory.
                                    (p)        Sidewalk. The word "sidewalk" means any portion of a street right-of-way intended for the use of pedestrians.
                                    (q)        Street. The word "street" means and includes public streets, avenues, boulevards, highways, roads, alleys, lanes, viaducts, bridges and the approaches thereto, and all other public thoroughfares within the city.
                                     (r)       Tenant, Occupant. The words "tenant" and "occupant" applied to a building or land, mean any person who occupies the whole or a part of such building or land, whether alone or with others.
                                    (s)        Tense. Words used in the past or present tense include the future as well as the past and present.
                                    (t)         Writing, Written. The words "writing" and "written" include typewriting, printing on paper or any other mode of representing words and letters.
                                    (u)        Year. The word "year" shall mean a calendar year.
                        (Code 1983)

1-103.  PARENTHETICAL AND REFERENCE MATTER. The matter in parentheses at the end of sections is not a part of the code but is designed to show the source and legislative history and the text may or may not be changed by this code. Reference matter not in parentheses is for information only and is not a part of this code. (Code 1983)

1-104.  CATCHLINES OR HEADINGS OF SECTIONS. The catchlines or headings of the sections of this code are intended as mere catch words to indicate the contents of the sections and shall not be deemed or taken to be titles of such sections, nor as any part of any section, nor, unless expressly so provided, shall they be so deemed when any section, including its catchline, is amended or reenacted. (Code 1983)

1-105.  SECTION NUMBERS. The number preceding the catchline or heading of a section is for the purpose of indexing, citing, amending and repealing. The figure preceding the hyphen indicates the chapter number. The digit or digits immediately following the hyphen indicates the article number and the following digit or digits indicate the section number of the article. Thus, 13-116, means chapter 13, article 1, section 16. The entire number, e.g. 13-116, is a section number of this code and is to be cited as "Section 13-116 of The Code of the City of Hugoton, Kansas." (Code 1986)

1-106.  AMENDMENTS: REPEAL. Any portion of this code may be amended by specific reference to the section number as follows: "That section ______ of the code of the City of Hugoton is hereby amended to read as follows: (the new provision shall then be set out in full)..." A new section not heretofore existing in the code may be added as follows: "That the code of the City of Hugoton is hereby amended by adding a section (or article or chapter) which reads as follows: ... (the new provisions shall be set out in full)..." All sections, or articles, or chapters to be repealed shall be repealed by specific reference as follows: Section (or article or chapter)_________ of the code of the City of Hugoton is hereby repealed." (Code 1983)

1-107.  ORDINANCES. The ordaining clause of all ordinances shall be: "Be it ordained by the governing body of the City of Hugoton." All ordinances shall be considered at a public meeting of the governing body at which time amendments may be made to any section or sections upon motion duly made and carried. The vote on final passage of the ordinance shall be taken by "yes's" and "no's" which shall be entered on the journal of proceedings of the governing body by the city clerk. No ordinance shall be passed unless a majority of all the members of the governing body elect shall vote in favor thereof. Except, where the number of favorable votes is one less than required, the mayor shall have power to cast the deciding vote in favor of the ordinance. (K.S.A. 12-3002; Code 1983; Code 2011)

1-108.  SAME; PUBLICATION. No ordinance, except those appropriating money, shall be in force until published in the official city newspaper by the city clerk. One publication of any such ordinance shall be sufficient unless additional publications are required by statute or ordinance. The publisher of the newspaper shall prefix such published ordinance by a line in brackets stating the month, day and year of such publication. (K.S.A. 12-3007; Code 1971)

1-109.  SAME; ORDINANCE BOOK. Following final passage and approval of each ordinance, the city clerk shall enter the same in the ordinance book of the city as provided by law. Each ordinance shall have appended thereto the manner in which the ordinance was passed, the date of passage, the page of the journal containing the record of the final vote on its passage, the name of the newspaper in which published and the date of publication. (K.S.A. 12-3008; Code 1971)

1-110.  RESOLUTIONS, MOTIONS. Except where a state statute or city ordinance specifically requires otherwise, all resolutions and motions shall be passed if voted upon favorably by a majority of a quorum of the council. (Code 1983)

1-111.  EMERGENCY GOVERNMENT. In the event of a catastrophe in which all or a majority of the members of the governing body are fatally injured, the interim governing body shall be composed of the surviving members, the city attorney, the city clerk, and a sufficient number of the appointed officials selected in the order of the greatest seniority in office to make up a governing body of the prescribed number. (Code 1983)

1-112.  CONFLICT OF INTEREST. (a) No city officer or employee shall be a signatory upon, discuss in an official capacity, vote on any issue concerning, or otherwise participate in his or her capacity as a public official or employee in the making of any contract with any person or business:
                        In which said officer or employee owns a legal or equitable interest exceeding five thousand dollars or five percent, whichever is less, individually or collectively with his or her spouse; or
                        From which said officer or employee receives, in the current or immediately preceding or succeeding calendar year, any salary, gratuity, other compensation or a contract for a promise or expectation of any such salary, gratuity or other compensation or remuneration having a dollar value of one thousand dollars or more; or
                        In which he or she shall hold the position of officer or director, irrespective of the amount of compensation received from or ownership held in said business.
                                    (b) The prohibitions contained in subsection (a) of this section shall not apply to the following:
                                    Contracts let after competitive bidding has been solicited by published notice; and
                                    Contracts for property or services for which the price or rate is fixed by law. (K.S.A. 75-4301; Code 1983)

1-113.  SEVERABILITY. If for any reason any chapter, article, section, subsection, sentence, clause or phrase of this code, or the application thereof to any person or circumstance, is declared to be unconstitutional or invalid such decision shall not affect the validity of any remaining chapter, article, section, subsection, sentence, clause or phrase of this code. (Code 1983)

1-114.  SCOPE OF APPLICATION. (a) The doing of any of the acts or things prohibited, made unlawful, or misdemeanor, or the failing to do any of the things commanded to be done, as specified and set forth in this code, within the jurisdictional limits of the city shall be deemed an offense against the good order, public peace, morals, health, proper government and welfare of the City.
                                    Any person convicted of violating subsection (a) of this section shall be deemed guilty of a misdemeanor and punished as provided in section 1-115 of this article.
                                    Each day any violation of this code continues shall constitute a separate offense. (Code 1983)

1-115.  PENALTY. Whenever any offense is declared by any provision of this code, absent a specific or unique punishment prescribed, the offender shall be punished as provided in this section:
                                    (a) Fined not less than $10 nor more than $2,500; or
                                    (b) Imprisonment in the city jail for not more than 180 days; or
                                    Both fined and imprisoned not to exceed subsections (a) and (b) of this section. (Code 1991)

ARTICLE 2. GOVERNING BODY

1-201.  GOVERNING BODY DEFINED. The term "governing body" as used in this code shall be defined to include the mayor and members of the council of the City of Hugoton. (Code 1971)

1-202.  QUALIFICATIONS TO SERVE.  Governing body members must be qualified electors of the City of Hugoton. (Code 2011)

1-203.  POWERS GENERALLY. (a) All powers conferred upon cities of the second class by the laws of the state of Kansas shall be exercised by the governing body subject to such limitations as may be prescribed by law. All executive and administrative authority granted or limited by law shall be vested in the mayor-council of the City of Hugoton as the governing body of the city.
                                    (b) The governing body shall have the care, management and control of the city and its finances, and shall have power to enact, ordain, alter, modify or repeal any and all ordinances not repugnant to the constitution and laws of the State of Kansas and such as it shall deem expedient for the good government of the city, the preservation of peace and good order, the suppression of vice and immorality, the benefit of trade and commerce, the health of inhabitants thereof and such other ordinances, rules and regulations as may be necessary to carry such power into effect. (Code 1971)

1-204.  REGULAR MEETINGS OF COUNCIL. The governing body shall have regular meetings on the first Monday after the fourth day of each month at the hour of 5:15 p.m., and shall convene in the council chamber in the city hail. When a day fixed for a regular meeting shall fall on a legal holiday, the regular meeting of the governing body shall convene on the succeeding secular or business day at the appointed hour. (K.S.A. 14-111; Code 1971; Code 2011)

1-205.  SPECIAL MEETINGS. Special meetings of the governing body may be called by the mayor (or president of the council in the absence of the mayor from the city) on the written request of any three (3) members of the governing body specifying the object and purpose of such meeting. The request shall be read at the meeting and entered at length on the journal by the city clerk. The call of the mayor for any such special meeting shall be endorsed upon the written request and shall specify the time and place of such meeting, and shall be filed with the city clerk. Thereupon, the city clerk shall give notice of such meeting to each member of the governing body. (K.S.A. 14-111; Code 1971)

1-206.  ADJOURNED MEETING; TIME AND PLACE. Any regular or special meeting of the governing body may be adjourned for the completion of its business at such subsequent time and place as the governing body may determine in the motion to adjourn. (Code 1971)

1-207.  QUORUM; ATTENDANCE OF MEMBERS. At all meetings of the governing body, a majority of the councilmen-elect shall constitute a quorum to do business, but any less number may adjourn from day to day and compel the attendance of absent members of the governing body by attachment issued in the name of the city and directed to the chief of police demanding him to arrest such absent members and bring them before the governing body. (Code 1971)

1-208.  PRESIDING OFFICER: MAYOR. The mayor shall preside at all meetings of the governing body and shall have a casting vote when the governing body is equally divided and none other. Except, where the number of favorable votes is one less than required for the passage of an ordinance, the mayor shall have power to cast the deciding vote in favor of the ordinance. (K.S.A. 14-301; Code 1971; Code 2011)

1-209.  MAYOR; ADDITIONAL DUTIES.  The mayor may from time to time make recommendations to the city council on ways to improve the operation of the city; require city officials to make reports to the governing body; and assure that all laws and ordinances of the city are being enforced. (K.S.A. 14-305:309; Code 2011)

1-210.  SAME; ABSENCE OF MAYOR. In the absence of the mayor, the president of the council shall preside at meetings of the governing body. In the absence of both the mayor and president of the council, the governing body shall elect one of its members to preside who shall be styled "Acting President of the Council." The president of the council and acting president, when occupying the place of the mayor as presiding officer shall have the same privileges as other members of the council. (K.S.A. 14-204; Code 1971)

1-211.  PRESIDENT OF COUNCIL. The governing body shall, at its first regular meeting in the month of May following any city election, elect one of its members as "President of the Council." When any vacancy shall happen in the office of the mayor, the president of the council for the time being shall exercise the office of mayor with all the rights, privileges and jurisdiction of the mayor, until such vacancy be filled at the next city election or until such disability be removed, or in the case of temporary absence, until the mayor shall return. (K.S.A. 14-204; Code 1971) 

1-212.  COUNCIL COMMITTEES. Standing committees of the governing body shall consist of not more than two members each to be appointed by the mayor by and with the consent of the governing body at the first regular meeting of the governing body in the month of May following the city election. The member first appointed shall be the chairperson of the committee. Special committees of the governing body may be appointed from time to time by motion duly made and carried for the purpose. The following standing committees may be appointed:
                                    (a) Street and Alley;
                                    (b) Utility and Sanitation;
                                    (c) Park.
                        (Code 1971)

1-213.  ADMINISTRATIVE POWERS. It shall be the duty of each committee to act promptly and faithfully in all matters referred to it and to make a report thereof at the next meeting of the governing body. The governing body may designate whether the administration of a policy or the carrying out of any order of the governing body shall be performed by a council committee, an appointive officer of the city or the mayor. If no administrative authority is designated by ordinance or other action of the governing body, the authority shall be exercised by the mayor as provided bylaw. (Code 1971)

1-214.  ORDINANCES: APPROVAL; VETO. An enrolled copy of the ordinance as passed by the governing body shall be submitted to the mayor for his or her approval. If he or she approves it, he or she shall affix his or her signature thereto which shall be attested by the city clerk over his or her signature and title under the seal of the city. If the mayor shall not approve any ordinance passed by the governing body, he or she shall return the same with his or her objections in writing to the governing body at the next regular meeting thereof. Any ordinance so objected to and returned to the governing body may be passed over the veto of the mayor at such meeting by the affirmative vote of two-thirds of the council-elect and taken on roll call by "yes's" and "no's" on motion offered by any member of the governing body. Any such ordinance, so passed by the governing body and any ordinance which the mayor shall neglect or refuse to sign, or to return to the council with his or her objections in writing at the succeeding regular meeting of the governing body shall be of full force and effect, without his or her signature upon publication of the same as provided by law. The city clerk shall enter a minute of any such proceeding in the journal and endorse his or her certificate on such ordinance reciting that the ordinance was passed over the veto of the mayor, or by reason of the failure of the mayor to return the same with his or her objections in writing to the council at its succeeding meeting, as the case may be. (K.S.A. 12-3003; Code 1971)

1-215.  REMISSION OF FINES; PARDONS. The mayor shall have power to remit fines and forfeitures, and to grant reprieves and pardons for offenses arising under the ordinances of the city by and with the consent of the governing body; but no such fine or forfeiture shall be remitted or pardon granted, except at a legal session of the governing body, nor unless the reasons therefor, together with the order of remission or pardon, be entered on the journal by the city clerk. (K.S.A. 14-310; Code 1971)

ARTICLE 3. ELECTIONS; WARDS AND PRECINCTS

1-301.  CONDUCT OF ELECTION.  The election of city officials shall be conducted in all respects as provided by the laws of Kansas governing the holding of city elections.  (K.S.A. 25-2101 et seq.; Code 2011)

1-302.  HOURS OF VOTING.  At all city elections the polls shall be open at 7:00 a.m. and close at 7:00 p.m., unless different hours are set and publicly announced by the county election officer.  (K.S.A. 25-2111, 26-206; Code 2011)

1-303.  COMMENCEMENT OF TERMS OF OFFICE. The term of office for newly elected city officials shall commence with and include the first regular meeting of the governing body following certification of the election by the county election officer.
                    (K.S.A. 25-2120; Code 2011)

1-304.  WARDS. The city is hereby divided into two wards numbered and designated respectively as First Ward and Second Ward. (Code 1971)

1-305.  FIRST WARD. The First Ward shall include all that part of the city lying west of Main Street. (Code 1971)

1-306.  SECOND WARD. The Second Ward shall include all that part of the city lying east of Main Street. (Code 1971)

1-307.  FIRST PRECINCT OF FIRST WARD. The First Precinct of the First Ward shall be all that part of the First Ward lying north of Sixth Street and west of Main Street. (Code 1971)

1-308.  SECOND PRECINCT OF FIRST WARD. The Second Precinct of the First Ward shall be all that part of the First Ward lying south of Sixth Street, and west of Main Street. (Code 1971)

1-309.  FIRST PRECINCT OF SECOND WARD. The First Precinct of the Second Ward shall be all that part of the Second Ward lying north of Sixth Street, east of Main Street, and west of Madison Street. (Code 1971)

1-310.  SECOND PRECINCT OF SECOND WARD. The Second Precinct of the Second Ward shall be all that part of the Second Ward lying south of Sixth Street and east of Main Street, and all that part of the Second Ward lying north of Sixth Street and east of Madison Street. (Code 1971)

1-311.  ANNEXATION OF TERRITORY. When any territory is annexed to the city, it shall be considered a part of the ward to which it is annexed. (Code 1971)

ARTICLE 4. OFFICERS AND EMPLOYEES

1-401.  APPOINTMENT. (a) The mayor, by and with the consent of the council, shall appoint, at the first regular meeting of the governing body in May of each year, the following city officers: city clerk, city treasurer, chief of police, city attorney, judge of the municipal court, city health officer, city inspector, outside utilities supervisor, electric system supervisor, and may appoint policemen and such other officers as they may deem necessary.
                                    (b) Any officers appointed and confirmed shall hold their offices for a term of one year and until their successors are appointed and qualified or until their duties, powers and responsibilities are transferred to another officer. (K.S.A. 14-201; Code 1986; Code 2011)

1-402.  QUALIFICATIONS. All appointed officers shall be qualified electors of the city, except that nonresidents may be appointed as municipal judge, city attorney, and as law enforcement officers when deemed necessary. (Ord. 606)

1-403.  CITY CLERK: DUTIES. The city clerk shall:
                                    (a) Keep his/her office in the city building, which office shall be open at such business hours as may be fixed by the council.
                                    (b) Attend all meetings of the council; make and keep a record of all proceedings and meetings of the council in the journal of council proceedings. In the absence of the clerk from any meeting, the presiding officer shall appoint a member of the governing body to keep an account of the proceedings and to report the same to the city clerk.
                                    (c) Carry on all the official correspondence of the city, giving the same prompt attention.
                                    (d) Have charge of the corporate seal of the city and shall affix the same to the official copy of all ordinances, deeds, contracts and similar documents required to be authenticated. The clerk shall he authorized to administer oaths for all purposes pertaining to the business affairs of the city.
                                    (e) Be custodian of all the city records, books, papers, contracts, petitions, documents and other personal effects belonging to the city not properly pertaining to any other office and shall keep suitable files and records of the same.
                                    (f) Receive and audit all claims against the city and shall present them for consideration of the governing body at its regular meetings each month. He/she shall disburse warrants (or warrant checks) only when claims against the city have been approved by the governing body. (Code 2011)
                                    (g) Report to the governing body at its regular meetings each month the financial condition of the funds of the city.
                                    (h) Keep a separate account of each fund of the city. No money belonging to one fund shall he placed to the credit of another fund, or be transferred to another fund unless there is lawful authority for the same.
                                    (i) Assist in preparing the annual city budget and any ordinance for the levying of taxes, and shall certify the same to the county clerk in the form and manner required by law together with a copy of the budget.
                                    (j) Keep an accurate account of receipts (to the State Treasurer) and disbursements (from the State Treasurer) for all bonds issued by the city. (Code 2011)
                                    (k) Keep a record of all special assessments made for any purpose and shall certify the assessments to the county clerk for collection and payment in the manner provided by law.
                                    (l) Act as the withholding agent of the city for the purpose of the federal revenue (income) act as authorized by K.S.A. 75-3042, and shall receive from each officer or employee of the city the withholding certificate required by virtue of the revenue act. He/she shall maintain a suitable record of the sums so withheld from wages and salaries and remit the same at such times and in such form as may be required by regulations. (Code 1983)
                                    (m) Serve as the Local Freedom of Information Officer and be charged with the duties set forth in section 1-803. (Code 2011)

1-404.  CITY TREASURER: DUTIES. The city treasurer shall:
                                    (a) Keep proper accounts of all moneys received and disbursed by the city clerk from any source and funds in behalf of the city specifying the time of receipt and disbursement, from whom received and to whom disbursed on account of the city. He/she shall give duplicate receipts, causing one of them to be filed with the city clerk, and shall keep a copy thereof in his/her own office. (Code 2011)
                                    (b) Publish or cause to be published a quarterly financial statement of the city in the manner and style required by K.S.A. 12-1608.
                                    (c) Pay out funds of the city upon warrants (warrant checks) properly signed by the mayor, the city clerk and countersigned by him/her.  In case a combination warrant cheek is used and such warrant is stamped by a depository bank of the city, the endorsement of the treasurer will not be required. (K.S.A. 9-1403; 12-608; K.S.A. Supp. 9-1401:1402; 10-801:809; Code 1983)

1-405.  CITY ATTORNEY: OFFICE AND DUTIES. The office of city attorney is hereby provided and established. The city attorney shall be an attorney admitted to practice by the Supreme Court of the State of Kansas and a resident of Stevens County. (Ord. 606)

1-406.  SAME; ATTEND GOVERNING BODY MEETINGS. The city attorney shall attend all meetings of the governing body. He/she shall advise the governing body and all officers of the city upon such legal questions affecting the city and its officers as may be submitted to him. He/she shall, when requested by the governing body, give his/her opinion in writing upon any such question. He/she shall draft such ordinances, contracts, leases, easements, conveyances and other instruments of writing as may be submitted to him/her in the regular transaction of the affairs of the city. He/she shall appear for the city in all cases arising under the city ordinances before the municipal court or the district court of Stevens County when the prosecution of any such case is necessary, and he/she shall, by direction of the governing body, represent the city in all suits or proceedings in which the city may have an interest before any other court, tribunal, board, commission or officer of the State of Kansas before which such suit or proceeding may be had.
                        (Code 1971)

1-407.   OUTSIDE UTILITIES SUPERVISOR. There is hereby established the office of outside utilities supervisor. The outside utilities supervisor shall, as the governing body may from time to time order and direct, have management of the waterworks, highways and streets, sewer maintenance and sewage treatment plant, parks and public grounds, refuse collection, and such other departments as may be assigned by the governing body, unless such department(s) be reassigned to another supervisor. (Code 1971; Code 2011)

1-408.  ASSISTANT OUTSIDE UTILITIES SUPERVISOR. The assistant outside utilities supervisor shall have the same powers conferred upon the outside utilities supervisor. The assistant supervisor, in the discharge of his/her duty, shall be subject to the order of the outside utilities supervisor. (Code 1971; Code 2011)

1-409.  ELECTRIC SYSTEM SUPERVISOR.  There is hereby established the office of electric system supervisor.  The electric system supervisor shall, as the governing body may from time to time order and direct, have management of the electric power plants and transmission and distribution systems and any such other departments as may be assigned by the governing body.  (Code 2011)

1-410.  CHIEF OF POLICE.  There is hereby established the office of chief of police.  The chief of police shall, as the goverining body may from time to time order and direct, have management of the police and animal control departments.  (Code 2011)

1-411.  SAME; DUTIES. In carrying out the duties of his/her office, the outside utilities supervisor, electric system supervisor and chief of police shall:
                                    (a) Have supervision over and be responsible for the care and maintenance of all land, buildings, and equipment belonging to the city and used or operated in connection with the departments or functions under his/her jurisdiction.
                                    (b) Recommend to the governing body projects for the improvement of the departments and functions under his/her jurisdiction, and shall supervise the making of such improvements as may be approved by the governing body.
                                    (c) Employ such assistants, engineers, mechanics, drivers, laborers and such other persons as may be necessary for the operation of his/her department and shall assign their duties and supervise their work.
                                    (d) Attend all regular meetings of the governing body. He/she shall keep the governing body informed as to the condition of all properties of the city in his/her charge and the progress of all work of his/her department, and shall from time to time make such reports of the same in writing as may be required by the governing body. (Code 1971; Code 1983; Code 2011)

1-412.  JUDGE OF THE MUNICIPAL COURT.  There is herby established the office of judge of the municipal court.  The judge shall preside over municipal court and adjudicate all matters brought before the court.  The municipal judge shall also supervise or serve as the clerk of the court to ensure accurate records are maintained of all proceedings involving the court.  (Code 2011)

1-413.  CITY INSPECTOR. The city inspector shall perform the duties of inspector of buildings and construction, plumbing installations, gas installations, electrical wiring, building sewer drains and sewer connections, and such other inspections as are now or may hereafter be required by ordinance. (Code 1971; Code 2011)

1-414.  APPOINTIVE OFFICERS: GENERAL DUTIES. The foregoing provisions of this article shall not be construed to limit the duties of the city officers therein named, but shall in every case create and establish a city office to be held and discharged by the officers whose appointment is provided. The governing body may create other city offices as may be required and may abolish any office herein established which shall not have been created by the laws of Kansas for cities of the second class. (K.S.A. 14-201; Code 1971)

1-415.  EMPLOYEES: ASSISTANTS. The employment of all city employees and office assistants shall be made under the authority of and subject to the approval of the governing body. (K.S.A. 14-201; Code 1971)

ARTICLE 5. OATHS AND BONDS

1-501.  OATHS REQUIRED. All officers and employees of the City of Hugoton, whether elected or appointed, either under the laws of the State of Kansas or ordinances of the city, shall, before entering upon the duties of their respective offices, take and subscribe an oath or affirmation affirmation as specified in K.S.A. 54-106, and amendments thereto.
(K.S.A. 54-106; 75-4308; Code 1971)

1-502.  OATHS FILED. All officers and employees required by section 1-401 of this article to take and subscribe or sign an oath or affirmation shall be supplied the necessary forms for the purpose at the expense of the city and upon taking and subscribing or signing any such oath or affirmation, the same shall be filed with the city clerk. (Code 1971)

1-503.  BONDS. All city officers and employees shall be covered by a blanket bond in the amount to be determined by the governing body. (K.S.A. 14-205; Code 1971; Code 1983: Code 2011)

1-504.  CONDITION OF BOND. All surety bonds required by any provision of this article shall be conditioned for the faithful performance of the duty and of all acts required by the laws of the State of Kansas and the ordinances of the city, and for the application and payment over to the proper persons of all moneys or property coming into the hands of each such officer or employee by virtue of his/her office or employment. (Code 1971)

1-505.  PREMIUMS. The premiums on all surety bonds required by this article shall be paid as a claim against the city. (Code 1971)

1-506.  APPROVAL OF BONDS. All bonds given to the city shall be approved as to form by the city attorney, and as to surety and sufficiency by the governing body, unless otherwise provided by the laws of the State of Kansas. (Code 1971)

ARTICLE 6. PERSONNEL REGULATIONS AND EMPLOYEE BENEFITS

1-601.  CONDITIONS OF EMPLOYMENT. The conditions of employment and reemployment of officers and employees of the city shall be established and fixed by the governing body by resolution. (Code 2011)

1-602.  EQUAL EMPLOYMENT OPPORTUNITY. A diverse work force adds quality and perspective to the services the City of Hugoton provides to its citizens. The city will strive to develop and maintain a diverse work force which values and is sensitive to the differences among employees and applicants. It is the ongoing policy and practice of the City of Hugoton to strive for equal opportunity in employment to all employees and applicants.  No person shall be discriminated against in any term, condition, or privilege of employment because of race, creed, color, gender, gender identity, gender variance, sexual orientation, marital status, religion, national origin, ancestry, age, physical disability or mental disability. (Res. 2001-7)

1-603.   EMPLOYMENT OF PERSONNEL. (a) General Employment Consideration. The primary consideration in the employment of personnel will be made on the basis of competence and integrity of such persons. Preference will be given to current employees over outside applicants where qualifications are equal for a vacant position.
                                    (b) Conditions of Eligibility. An applicant for any position with the city:
                                                (1) Must be a citizen of the U.S.A., as evidences by proof of birth or naturalization, or possess a proper work VISA, and must live in Stevens County, Kansas; (Code 2011)
                                                (2) Must possess physical abilities suited to the requirements of the position for which he or she is an applicant.
                                                (3) A person in the immediate family of any employee of the city will not be appointed if another equally qualified person is available. The governing body may waive this policy when clearly in the best interests of the city.
                                    (c) Rejection of Application. Employment applications may be rejected from any applicant:
                                                (1) Whose application clearly indicates on its face that minimum qualifications required are not fulfilled.
                                                (2) Whose application is not completely filled out.
                                                (3) Whose application is not written on the prescribed form.
                                                (4) Who has been convicted of a felony or misdemeanor other than a traffic violation.
                                                (5) Whose employment has been terminated from a department of the city.
                                                (6) Who has practiced or attempted fraud or deception in any statement of fact.
                                    (d) Appointments and Assignment to Duty. The responsibility for hiring personnel is with the city clerk, outside utilities supervisor, electric system supervisor and the chief of police, with the approval of the governing body, depending on the department in which the employee works. All appointments as a city employee are made upon merit and fitness. Employees are appointed on a probationary and regular basis, except in the case of temporary and part-time employees. Regular employees receive vacation, sick leave or retirement benefits as set forth later in this chapter. A satisfactory probationary employee will usually be given the opportunity to become a regular employee. Temporary or part-time employees are to be paid on an hourly basis. Consideration of each employee's interests and abilities will be given as much as possible. (Code 2011)
                                    (e) Medical Examinations and Drug Test.An appropriate physical examination and drug test will be required of all persons entering the service of the city. Should the result of the examination or test be unsatisfactory in any respect, the city may cancel the offer of employment or amend the terms of the offer as it considers necessary. Expense of the medical examination and drug test shall be paid by the city. (Code 2011)
                                    (f) Re-employment. An employee resigning in good standing from the service of the city, may, upon acceptance of his or her resignation, be re-employed by complying with all requirements of a new employee. For the purposes of computing vacation leave and longevity pay, the reemployed employee shall receive credit for prior years of service upon completion of one year of service. The governing body may waive this policy when clearly in the best interest of the city. (Ord. 669)
                                    (g) Recruitment Examinations. Appointments to police positions may be based, in part, on the successful completion of a written examination administered by the chief of police. As the need may require, other competitive examinations for city positions may be required and may be introduced by the governing body.

1-604.  LENGTH OF SERVICE; PROBATION. (a) The anniversary of the employee's employment shall be used in calculating length of service. An employee employed less than six months time will be classified as a part-time and temporary employee, depending on the assignment of duty. An employee employed steadily for six months or more will be classified as a full-time employee for calculating the employee's length of service.
                                    (b) The period from the date of employment to the date of regular status (365 days or one year) is known as the employment probationary period for all new employees and/or former employees being rehired. During such probationary period, an employee's employment may be terminated at any time by the city for any reason.
                                    (c) All such employees, after completion of the first one month of the employment probationary period, shall be entitled to health insurance benefits on the first day of the following month and after completion of the first six months of the employment probationary period, shall be entitled to sick leave benefits. After completion of the balance of the one-year probationary period, such employees will assume the status of regular employee and shall be eligible to participate in all regular employee benefits. (Ord. 543, Sec. 1; Code 2011)

1-605.  SALARIES FIXED BY ORDINANCE AND RESOLUTION. (a) The officers and employees of the city shall receive as full compensation for their services sums of money to be determined by resolution, within the minimum and maximum amounts of money, to be paid monthly as set out in subsection (b) of this section.
                                    (b) The following officers and employees of the City of Hugoton shall receive monthly as full compensation for all services required to be performed for and in behalf of the City the base sum set out in the following specific titles and classifications. Except as otherwise provided, such compensation shall be paid bi-weekly or as the Governing Body may direct by resolution:

 BASE PAY SCHEDULE

                                                                                 MONTHLY                  MONTHLY
                        POSITION                                          MINIMUM                   MAXIMUM
City Administrator/Clerk/Finance Director,
   who shall also be ex officio clerk of the
   city utility system                                                     $5,000                         $10,500
Assistant City Clerk                                                      3,000                           6,000
Outside Utilities Supervisor                                          5,000                           10,500
Assistant Outside Utilities Supervisor                           3,000                           6,000
Electric System Supervisor                                          5,000                           10,500
Assistant Electric System Supervisor                          3,000                            6,000
Power Plant Foreman                                                  3,000                            6,000
Chief of Police                                                             4,000                           8,000
City Inspector                                                              2,500                           5,200
Golf Course Superintendent                                       2,500                           5,200
Mayor                                                                          200                              1,000
City Councilmember                                                   100                              500
City Attorney                                                               2,500                           2,000
City Treasurer                                                             500                              1,000
Municipal Judge                                                          800                              1,600
Computer Operator                                                    2,000                           5,000
Executive Secretary                                                   2,000                           5,000
Secretary                                                                    1,800                          4,500
Utility Clerk                                                                 1,800                           4,500
Police Sergeant                                                          3,925                           5,200
Police Corporal                                                           3,585                           4,750
Police Master Patrolman                                            3,285                           4,350
Police Patrolman                                                        3,000                           4,250
Master Mechanic                                                        3,000                           5,000
Power Plant Operator                                                 2,425                          6,500
All other city employees under the
   supervision and control of the
   Outside Utilities Supervisor, Power
   Plants Supervisor, or Electric Distribution
   System Supervisor,                                                 2,425                           6,000

                                    All other city employees, including part-time employees, shall be paid on an hourly rate of not less than the federal minimum wage but not more that $35.00 per hour, to be determined by the governing body by resolution. (Ord. 831, Sec. 1)                      

1-606.  SAME: ANNUAL ADJUSTMENT. The salaries and compensation paid to all city employees shall be subject to adjustment annually at the year-end council meeting in each calendar year. Factors to be considered in adjusting such salaries and compensation shall be merit, length of employment, financial condition of the city and the cost of living index established annually by the Bureau of Labor Statistics. (Ord. 486)

1-607.  SAME: MAYOR; COUNCILMEMBERS. (a) Mayor. The mayor shall receive as compensation the sum of not less than $200 per month, nor more than $1,000 per month; provided, however, that in no instance shall total compensation paid in any one calendar year exceed the sum of $12,000.
                                    (b) Councilmembers. Each councilmember shall receive as compensation the sum of not less than $100 per month nor more than $500 per month; provided, however, that in no instance shall total compensation paid to each councilmember in any one calendar year exceed the sum of $6,000. (Ord. 645, Sec. 1)

1-608.  RECORDS AND MONTHLY REPORTS. Department heads shall cause a suitable record to be made of the appointment of any assistant and the salary to be paid and shall report such information to the city clerk for presentation by him/her to the governing body for its approval. Department heads are also to make monthly reports as to time spent in each department or fund in order that each department may be properly charged for such expenditure. (Ord. 486)

1-609.  ATTENDANCE. The normal work day covers the period from 8:00 a.m. to noon and from 1:00 to 5:00 p.m., Mondays through Fridays. Due to the nature of their operations, the police and utility departments work different schedules. Work schedules for these operations shall be determined by the respective department heads. All employees should be at their work stations in accordance with the general regulations or department regulations. Prompt appearance for work at the specified time is required of all employees. All city employees who are employed on a daily or hourly basis shall not be paid for time lost or for being absent from work. (Code 2011)

1-610.  WORK WEEK. The work week for all employees of the city shall begin at 12:00 midnight Sunday and end at 12:00 midnight the following Sunday. For all employees, except the city clerk, outside utilities supervisor, electric system supervisor, chief of police, city attorney, municipal judge, city treasurer, and janitor, a normal work week, unless otherwise assigned, shall be 40 hours. (K.S.A. 44-1204; Ord. 486; Code 2011)

1-611.  PAYMENT SCHEDULE. Each city employee shall receive his or her wages or salary on a bi-weekly basis with paychecks to be issued on or before the first Thursday following the end of the pay period. (Ord. 486; Code 2011)

1-612.  OVERTIME. (a) City employees who are classified as executive, administrative or professional and who are paid on a salary basis are exempt from overtime compensation.
(b) All nonexempt city employees are eligible for overtime when they work more than 40 hours in one week. Overtime shall be paid at one and one-half times the base salary. At the discretion of the applicable supervisor or the direction of the city council, an employee can be dismissed early later in the week to avoid the accumulation of an overtime obligation.
(c) All non-exempt, public safety city employees are eliglble for overtime when they work more than 86 hours in a bi-weekly pay period (FLSA 7(k) exemption).  Overtime shall be paid at one and one-half times the base salary.  At the discretion of their supervisor or the direction of the city council, an employee can be dismissed early later in the pay period to avoid the accumulation of an overtime obligation.
(K.S,A, 44-1204; Ord. 715, Sec. 1; Ord. 786, Sec. 1; Code 2011)

1-613.  COMPENSATORY TIME. Non-exempt city employees are also eligible to choose compensatory time off, in lieu of overtime pay. The time off is to be awarded at a rate of one and one-half hours of compensatory time for each hour of overtime actually worked. Each eligible city employee may accumulate up to 40 hours or five days of compensatory time. Any overtime worked, above the 40-hour cap for accumulated compensatory time, shall automatically be paid as overtime wages in the pay period worked. Only 18 days or 144 hours of compensatory time may be taken off in the calendar year. Any time accumulated in excess of the annual cap shall be treated as overtime pay. Eligible city employees shall be allowed to take only 16 hours or two days of compensatory time off at a time. However if compensatory time is taken off in conjunction with a holiday or vacation, only eight hours or one day shall be allowed. When a shift work schedule is in effect at the power plant, operators shall be allowed to take 16 hours or two days in conjunction with their vacation. The 16-hour and 8-hour restrictions are imposed to ensure the city will have sufficient staff available to perform daily duties. An employee who has earned compensatory time shall be allowed to use that time within a reasonable period of time after requesting its use. The employer is permitted to deny a request to use compensatory time at any time, if the employee's absence would impose an unreasonable burden on the employer's ability to provide adequate services to the public. A mere inconvenience to the employer is not sufficient reason to deny the use of compensatory time. When an employee terminates his or her employment or upon the retirement or death of an employee, any unused compensatory time shall be paid to the employee or their estate as a part of the final payroll check. (Ord. 715; Code 2011)

1-614.  PERSONAL LEAVE. All full-time, salaried employees shall be allowed three days personal leave per calendar year. Such leave, to tend to personal business, must be taken within the calendar year. No employee shall be paid additionally for working during his/her personal leave time. When an employee terminates his or her employment or upon the retirement or death of an employee, any unused personal leave shall be paid to the employee or their estate as a part of the final payroll check. (Ord. 644; Code 2011)

1-615.  ON-CALL TIME. (a) Employees under the supervision of the outside utilities supervisor required to be on-call after office hours shall be credited with six hours of overtime or nine hours of compensatory time for Saturday, with six hours of overtime or nine hours of compensatory time for Sunday, and with six hours of overtime or nine hours of compensatory for holidays.  The on-call overtime or compensatory time also includes being on-call after office hours during the week following the assigned weekend.  Any hours actually worked in excess of the 12 hours credited on-call time for weekends and after office hours during the week or in excess of six hours credited on-call time for holidays shall be eligible for additional overtime or compensatory time.  The on-call employee is required to check the water wells, record the well readings, and check the sewer plant each day of weekend or holiday on-call.
                                    (b) Employees under the supervision of the electric system supervisor required to be on-call after office hours shall be credited with three hours of regular time or compensatory time for Saturday, with three hours of regular time or compensatory time for Sunday, and with three hours of overtime or four and one-half hours of compensatory time for holidays.  Any hours actually worked on Saturday, Sunday, or on a holiday shall be credited as additional overtime or compensatory time.
                                    (c) The outside utilities supervisor and electric system supervisor shall make an on-call schedule for their employees for the weekends and holidays.  In the event of a call-out, the on-call employee shall call in appropriate personnel and shall remain on site and participate in the repairs.  Employees with expertise in the problem areas should be called first.  All employees called are expected to respond unless they are physically unable to do so.  Those employees failing to respond, who are physically able, are subject to repreimand.  For long repairs, for multiple repairs, or in the case of inclement weather, the on-call employee shall contact the applicable supervisor.  Once so informed, the supervisor shall coordinate employees in order to ensure the repairs are made safely, to avoid long exposure of the employees to the elements, and to make sure all repairs are made quickly and efficiently.  The supervisor will maintain contact with the on-call employee by being at the job site or by phone until the repair is completed.  Where applicable, the supervisor will inspect all repairs before they are covered up. 
                                    (d) In any other cases of credit for on-call time, the applicable supervisor shall provide the on-call employee with equivalent time off during the work week.  When called in, only hours actually worked in excess of the equivalent time provided shall be eligible for overtime or compensatory time.
                        (Ord. 787, Sec. 1)

1-616.  LONGEVITY PAY. (a) Each city employee, at the end of each year, shall receive an additional payment for faithful service, such additional payment being designated herein as longevity pay.
                                    (b) Such longevity pay shall be based upon years of service of each respective city employee and shall be paid by December 20 of each year; provided, in no event shall any longevity pay exceed the maximum in the schedule set forth in subsection (c) below.
                                    (c) Longevity pay schedule:

                                                                                    Years of Service and
                                                                                    Amount Payable in Dollars
                                                                                                                                                21 and
                                                                        1-5                   6-10                 11-20               Over

Outside Utilities Supervisor                             $385                $850                $1,350             $1,850
City Clerk                                                        385                  850                  1,350               1,850
Power Plants Supervisor                                385                  850                  1,350               1,850
Electric System Supervisor                            385                  850                  1,350               1,850
Power Plants Foreman                                   340                  700                  1,060               1,460
Master Mechanic                                            340                  700                  1,060               1,460
Chief of Police                                                 285                  570                  920                  1,320
Assistant Outside Utilities Supervisor             285                  570                  920                  1,320
Assistant City Clerk                                        285                  570                  920                  1,320
Head Lineman                                                275                  575                  875                  1,175
City Inspector                                                  250                  505                  810                  1,120
All other permanent
   employees                                                   250                  505                  810                  1,120
Janitor                                                             50                    85                    125                  170
City Treasurer                                                 50                    70                    100                  140
City Attorney                                                   110                  230                  350                  475
Municipal Judge                                              70                    125                  185                  250
(Ord. 538, Sec. 1)

1-617.  HEALTH INSURANCE. (a) All city employees, who work in positions that require 2,080hours or more annually, shall be entitled to be enrolled under the city's group insurance plan with Blue Cross and Blue Shield of Kansas on the first of the month following the completion of one month of continuous service. The insurance premiums shall be paid on behalf of such employees by the city. (Ord. 664)
                                    (b) New eligible employees must contact the city clerk to complete their applications for health insurance coverage within 31 days of eligibility. If the new employee is transferring from an employer with Blue Cross and Blue Shield of Kansas health insurance coverage, it is his or her responsibility to notify the city clerk of the transfer situation, so proper documentation can be completed to ensure the smooth transition of the coverage.
                                    (c) It is also the responsibility of the employees to notify the city clerk of any changes in the type of coverage for the employee and his or her family. Qualifying events for such changes are marriage, birth of a child, adoption, dependent reaches age 26, divorce/annulment, and death of spouse or dependent. Change forms must be received at the Blue Cross and Blue Shield of Kansas office within 63 days of the qualifying event. Coverage will be effective the first of the month following the qualifying event, except in the case of birth, adoption or placement for adoption. In these instances, the effective date is the date of the event.
                        (Ord. 750; Code 2011)

1-618.  CONTINUED HEALTH INSURANCE COVERAGE RIGHTS UNDER COBRA. (a) Employees and their dependents are eligible for temporary continuation of health insurance coverage under the provisions of the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA). COBRA continuation coverage is available to an employee and/or his or her dependents when the employee or dependents would otherwise lose their group insurance coverage through the city's plan.
                                    (b) The following is a list of qualifying events for COBRA coverage:
                                                (1) Employment ends with the city for any reason other than gross misconduct (up to 18 months continued coverage available),
                                                (2) Death of the city employee (up to 36 months of continued coverage available)
                                                (3) Divorce or legal separation from the city employee (up to 36 months of continued coverage available).
                                                (4) Child of the city employee stops being eligible for coverage under the plan as a "dependent child" (up to 36 months of continued coverage available).
                                    (c) Qualifying former employees or qualifying dependents must pay 100 percent (100%) of the cost of the premiums plus a two percent (2%) administrative charge. Premium payments shall be made directly to the health insurance carrier.
                                    (d) The city's health insurance carrier will offer COBRA continuation coverage to qualified individuals only after the city clerk has been notified within 30 days of the date of the qualifying event. COBRA continuation coverage will begin on the date the group health insurance coverage would otherwise have been lost.

1-619.  ELIGIBILITY FOR CONTINUED MEDICAL INSURANCE COVERAGE.  Any person who has been employed by the City of Hugoton for ten (10) years or more on a regular full-time basis and who is covered by the Kansas Public Employees Retirement System (KPERS) and that employee's dependents shall be eligible for continued enrollment as a member of the City of Hugoton's group medical insurance plan if such employee or dependent meets the following applicable eligibility constraints:
                                    (a) The employee retires on an immediate annuity through KPERS; and (b) An election to continue medical insurance coverage after retirement must be made in writing not later than thirty-one (31) days immediately preceding retirement from active employment with the city or not later than thirty-one (31) days following the death of an employee.
                        (Ord. 750)

1-619A.  PARTICIPATION COSTS FOR CONTINUED MEDICAL INSURANCE COVERAGE FOR RETIREES AND ELIGIBLE DEPENDENTS.  (a) The City shall dedicate $100,000.00 from each year’s budget for the continued medical insurance coverage for retirees and eligible dependents.
                                    (b) At the beginning of each group medical insurance policy period, the city clerk shall calculate the anticipated costs for all retired employees and eligible dependents.  The total amount over $100,000 shall be equally divided among the retired employees and eligible dependents.
                                    (c) The amount, so calculated over $100,000 shall be billed to each retired employee and eligible dependent in twelve (12) equal installments on a monthly basis.  The final installment of each group policy period may need to be adjusted for any changes in the number of participants during the course of the year.
                                    (d) Failure to pay the monthly installment by the end of the month in which it is billed shall result in the retired employee or eligible dependent being deleted from the group.  Once removed from the group, the retired employee or eligible dependent shall not be allowed to re-join the group’s medical insurance coverage plan.
                                    (e) The city council shall review the $100,000 limit at the first of each year and may adjust that amount depending on the financial condition of the city.  If so adjusted, the city clerk shall use the new limit to determine each participant’s associated costs as described herein.
                        (Ord. 750)

1-619B.  REQUIREMENTS AND RELATED PARTICIPATION COSTS FOR CONTINUED MEDICAL INSURANCE COVERAGE FOR RETIREES AND ELIGIBLE DEPENDENTS WHO ARE 65 OR OLDER PRIOR TO MAY 5, 2008.  (a) On the next group medical insurance coverage renewal date following May 5, 2008, retirees and eligible dependents over age 65 shall begin paying a portion of their medical insurance costs in accordance with Section 1-619A(c).
                                    (b) Coverage under the group medical insurance plan shall cease to be made available upon the retired employee or eligible dependent(s) failing to make the required premium payments by the end of the month in which the premium is billed.
                        (Ord. 750)

1-619C.  REQUIREMENTS AND RELATED PARTICIPATION COSTS FOR CONTINUED MEDICAL INSURANCE COVERAGE FOR RETIREES UNDER AGE 65 AND ELIGIBLE DEPENDENTS UNDER AGE 65 PRIOR may 5, 2008. (a) An employee, who retired prior to age 65 and is not yet age 65, and eligible dependent(s) under age 65 of the retiree or eligible dependent(s) under age 65 of a deceased retiree, and, whom were on the city’s group medical insurance coverage prior to May 5, 2008, shall reimburse the city at a rate of $250 per month per policy.
                                    (b) On the next group medical insurance coverage renewal date following May 5, 2008, and each renewal date thereafter, the city clerk shall compute the health insurance premium costs of the members of the group described in Sec. (a).  That difference shall be included in the city’s costs being used to determine the amount over the $100,000 limit or any new limit established by the city council in the future.  The amount so assessed to each retired employee or eligible dependent shall be in addition to the $250 per month described in Sec. (a).
                                    (c) Coverage under the group medical insurance plan shall cease to be made available upon the retired employee or eligible dependent(s) failing to make the required premium payments by the end of the month in which the premium is billed.
                                    (d) Coverage under the group medical insurance plan shall cease to be made available upon the retired employee or eligible dependent(s) becoming covered or eligible to be covered under a plan of another employer.
                        (Ord. 750)

1-619D.  REQUIREMENTS AND RELATED PARTICIPATION COSTS FOR CONTINUED MEDICAL INSURANCE COVERAGE FOR EMPLOYEES WHO RETIRE AT OR AFTER AGE 65, WITH AT LEAST TWENTY (20) YEARS OF SERVICE WITH THE CITY.  (a) Upon retiring at or after age 65, with at least twenty (20) years of service with the city, the retiring city employee shall select Medicare as their primary medical insurance and shall be eligible to remain on the city’s group medical insurance plan for their supplemental coverage.  Participation costs shall be in accordance Sec. 1-619A(c).
                                    (b) Coverage under the group medical insurance plan shall cease to be made available to the eligible dependent upon the retired employee attaining age 65.
                                    (c) Coverage under the group medical insurance plan shall cease to be made available upon the retired employee failing to make the required premium payments by the end of the month in which the premium is billed.
                        (Ord. 750)

1-619E.  REQUIREMENTS AND RELATED PARTICIPATION COSTS FOR CONTINUED MEDICAL INSURANCE COVERAGE FOR EMPLOYEES, WHO RETIRE PRIOR TO AGE 65 AND WHOSE AGE AND YEARS OF SERVICE WITH THE CITY OF HUGOTON EQUALS AT LEAST 85, AND THEIR ELIGIBLE DEPENDENTS FOLLOWING MAY 5, 2008.    (a) An employee, who retires prior to age 65 and whose age and years of service with the city equals at least 85 following the effective date of this ordinance, shall be eligible to remain on the city’s group medical insurance plan.  Participation costs shall be in accordance with Sec. 1-619A (a) and (b).
                                    (b)  Upon reaching age 65, the retired employee shall select Medicare as primary medical insurance and shall be eligible to remain on the city’s group medical insurance plan for their supplemental coverage.  Participation costs shall be in accordance with Sec. 1-619A (c).
                                    (c)  Coverage under the group medical plan shall cease to be made available upon the retired employee failing to make the required premium payments by the end of the month in which the premium is billed; or
                                    (d) Coverage under the group medical insurance plan shall cease to be made available upon the retired employee becoming covered or eligible to be covered under a plan of another employer.
                                    (e) An eligible dependent of the retired employee who retires prior to age 65 and whose age and years of service with the city equals at least 85 shall be eligible to remain on the city’s group medical insurance plan.  Participation costs shall be 100% of the premium cost to the city.
                                    (f) Coverage under the group medical insurance plan shall cease to be made available upon the eligible dependent failing to make the required premium payments by the end of the month in which the premium is billed.
                                    (g) Coverage under the group medical insurance plan shall cease to be made available to the eligible dependent upon the retired employee attaining age 65.
                                    (h) Coverage under the group medical insurance plan shall cease to be made available to the eligible dependent upon the retired employee or eligible dependent becoming covered or becoming eligible to be covered under a plan of another employer.
                        (Ord. 750)

1-619F.  REQUIREMENTS AND RELATED PARTICIPATION COSTS FOR CONTINUED MEDICAL INSURANCE COVERAGE FOR EMPLOYEES WHO RETIRE WITH AT LEAST TEN (10) YEARS OF SERVICE WITH THE CITY BUT WHO DO NOT MEET THE CRITERIA DESCRIBED IN SECTION 1-619D OR SECTION 1-619E AND THEIR ELIGIBLE DEPENDENTS.  (a) An employee who retires with at least ten (10) years of service with the city, but who does not meet the criteria described in Sec. 1-619D or Sec. 1-619E, and their eligible dependents shall be eligible to remain on the city’s group medical insurance plan.  Participation costs shall be 100% of the premium cost to the city.
                                    (b) Coverage under the group medical insurance plan shall cease to be made available upon the retired employee failing to make the required premium payments by the end of the month in which the premium is billed.
                                    (c) Coverage under the group medical insurance plan shall cease to be made available upon the retired employee attaining age 65.
                                    (d) Coverage under the group medical insurance plan shall cease to be made available upon the retired employee becoming covered or becoming eligible to be covered under a plan of another employer.
                        (Ord. 750)

1-620.  RETIREMENT.  (a) All employees of the city, who work 1,000 or more hours annually and who otherwise are qualified, shall become members of KPERS. 
                                    (b) If a new employee is transferring as a contributing member of another KPERS employer or if a new employee still has contributions with KPERS from prior service with a KPERS employer, it is his or her responsibility to notify the city clerk of that employee’s active status with KPERS.
                                    (c) Depending upon the KPERS program the employee falls into, an employee contributes either 4% or 6% of his or her gross salary to KPERS.  The city contributes additional percentages established periodically by KPERS as the employer’s share for retirement and for disability and death insurance on the employee.
                                    (d) The retirement age for city employees is 65.  However, such employment may be extended from year-to-year with the approval of the governing body.  Retirement is mandatory at the age of 70.
                        (Ord. 750)

1-621.  SOCIAL SECURITY. Social security is handled by the federal government and is made up of joint contributions by the employee and the city, based upon percentages of the employees' salary. The employees' share shall be deducted from his or her paycheck. Complete details of social security benefits are available from the Social Security Administration. (Code 2011)

1-622.  VACATIONS. Vacations for full-time city employees shall be allowed as follows: (Part-time employees are not eligible for accumulations of vacation time.)
                                    (a) Two weeks or ten working days, paid vacation shall be allowed after completing one year of service with the city.
                                    (b) Three weeks, or 15 days, paid vacation shall be allowed to each employee completing ten years of service with the city.
                                    (c) Four weeks, or 20 days, paid vacation shall be allowed after completing 20 years of service with the city.
                                    (d) All city employees entitled to vacation shall be required to take their vacations within the calendar year. No employee shall be paid additionally for working during his/her vacation time.
                                    (e) The time an employee takes his or her vacation shall be determined by the supervisor and employee. The supervisor will make every effort to accommodate the employees' requested dates. However, the needs of the city to provide adequate public services must come first in scheduling vacation time. Supervisors can block out periods of time from vacation leave during critical times, due to the seasonal nature required to perform certain tasks or due to the heavy workload during certain times of the year. Any conflicts in requested dates will be resolved by seniority of employment. Employees shall follow scheduled vacations filed and accepted by their respective supervisors on or before April 15thof each year.
                                    (f) All vacations shall be taken at the minimum rate of five days at a time. Provided, however, department heads may allow vacations to be taken at a lesser rate, if such allowance is to   the benefit of the city. Should any holidays fall within an employee's vacation, the holiday shall not be charged as part of the vacation time.
                                    (g) For the first two years of employment, vacation time is computed on the anniversary date of each employee. Anniversary date is defined as that date an employee commences to work for the city. As of the first of the year following the employee's second anniversary date, employees are eligible to use vacation time as of the first of the year.
                                    (h) If an employee terminates his or her employment in good standing or upon the retirement or death of an employee, any vacation time owed will be computed on the basis of one hundred percent (100%) for the calendar year and any unused portion thereof shall be paid to the employee or their estate as part of the final payroll check. No unused vacation pay shall be allowed to any employee whose employment is terminated for any reason between the first and second anniversary dates of employment.