15-204.
Appointment of city officers; duties and compensation; removal.
Subject to the provisions of K.S.A. 12-16,128, and amendments thereto, the mayor, with the consent of the council, may appoint, at the first regular meeting of the governing body in May of each year, the following city officers: A municipal judge of the municipal court, a clerk, a treasurer, a marshal-chief of police, law enforcement officers and such other officers as deemed necessary. Such officers shall hold an initial term of office of not to exceed one year and until their successors have been appointed and qualified. Any officers who are reappointed shall hold their offices for a term of one year and until their successors are appointed and qualified. The duties and pay of the various officers shall be regulated by ordinance. Any officer may be removed by a majority vote of the total membership elected or appointed to the council and may be suspended at any time by the mayor.
History:
L. 1871, ch. 60, § 8; R.S. 1923, § 15-204; L. 1959, ch. 83, § 3; L. 1963, ch. 125, § 1; L. 1967, ch. 90, § 12; L. 1985, ch. 80, § 1; L. 1988, ch. 84, § 3; L. 2008, ch. 163, § 13; July 1.
Notes of Decisions
Cheek v. City of Edwardsville, Kan. (2007)
ksd · cites it 11×
“That statute governs the appointment of city officers in general, including law enforcement officers, and it states that the mayor is vested with authority to “appoint” officers “with the consent of the council.” K.”
Stoldt v. City of Toronto (1984)
kan
“The applicable Kansas state law in this case is K.S.A. 15-204, which provides: "The mayor, with the consent of the council, may appoint .”
Elam v. Williams (1990)
ksd · cites it 3×
“15-204 provides in pertinent part: The mayor, with the consent of the council, may appoint, at the first regular meeting of the governing body in May of each year, the following city officers: .”
Dempsey v. City of Baldwin (2005)
ca10
“Kan. Stat. Ann. § 15-204 provides in relevant part: The mayor, with the consent of the council, may appoint .”
Riddle v. City of Ottawa (1988)
kanctapp
“The Supreme Court noted that the statute did not provide for any term of office, and that it allowed a majority of the council members to remove any officer at will.”
Dempsey v. City of Baldwin City, Kan. (2004)
ksd · cites it 2×
“Kan. Stat. Ann. § 15-204 permits the Mayor to appoint a municipal' judge, a clerk, a treasurer, a chief of police, law enforcement officers, and other officers as necessary.”
Cheek v. City of Edwardsville, Kansas (2007)
ksd · cites it 9×
“” K.S.A. § 15-204. For the reasons explained below, the court finds that the mayor lacks the required authority, and therefore the court will grant defendants’ motions for summary judgment as to plaintiffs Cheek and Doty’s breach of contract claims.”
Alderfer v. Board of Trustees (2008)
ca10
“2d 153, 159-60 (1984) (concluding Kan. Stat. Ann. § 15-204 , allowing the mayor to “appoint” police officers and a majority of the city council to “remove” them did not provide for any term of office and therefore plaintiff had no constitutionally protected property interest in…”
Cheek v. City of Edwardsville (2008)
ca10
“In a separate memorandum and order, the court granted summary judgment to defendants on the contract claims, primarily because the severance provision was not enacted as an ordinance, as required by a Kansas statute, Kan. Stat. Ann. § 15-204 *701 (applying to cities of the third…”
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