The Topeka state journal., 1910-04-07
Complete Explanation of Rules
Governing City offices.
How an Officer May Be Removed
or Appointed.
NOT WITH THE MAYOR
Entire Commission Votes on
Case of New officials.
Mayor Is Not as Powerful as
Under Old Form.

Inere have been many mistaken
ideas prevalent in Topeka over the pow
ers of the mayor and commission in
the appointment of city officers. These
/ ideas have Travelled so far that the av-
crage voter believes the present Off
cials in the city will have their Offices
snatched from them tomorrow and that
the new commission administration will
mean the displacement of he present
officials and the appointment of new
men for every Office at once.
The Topeka form Of the commission
law states plainly that all elective and
appointive officers shall hold over un-
til their appointments or elections run
out-in case the commission election is
held in an even-numbered year. The
mayor and cOuncilmen are excepted in
this case. Thus. it means that unless
removed by the commission the pres
ent incumbents of swivel chairs at the
city hall will remain there until next
spring.
This is the way the law reads:
THAT in the event of the election of
said mayor and four commissioners in
such even-numbered year, all city Off
GERS, except the mayor and councilmen,
shall hold their respective offices until
the election or appointment of their
successors at the next ensuing general
election the year following
There have been wild rumors going
the rounds about the probable appoint
ments to the office of city clerk, city
engineer, chief of police. city treasurer,
superintendent of streets. Superintend-
ent of waterWorks, etc. All of these Of
ficials remain in office until next spring
unless the mayor and commissioners
see fit to remove them.
AS was mentioned in the State Jour
nal last evening. the board of water
works trustees, the electric light board
of commissioners and the park COM
n1issioners will also be let out tonor-
row night with the mayor and council
All of the rest Of the city officers in
practically all of the departments will
remain in Office.
Mayor and Commissioners Elect.
Then there is another run1or to the
effect that when Mayor-elect Billiard
mounts the chair he will stratghtway
fire Chief of Police Eaton and appoint
some other man of his acquaintance or
friendship. But unlike the old council
system, the mayor is not able to ap-
point a man and get the approval or
the council and let it go at that:
The law says that the board of COM
rrisSioners-which includes the mayor
shall elect the officers OF the city by
n majority vote. The law reads:
"The board of commissioners may
appoint, by majority vote OF all the
thereof, the following oIn-
GERS, towit: A city attorney, city
clerk, city treasurer, city auditor:
a citv engineer, a superintendent of
streets, a superintendent of water
works, a secretary OF waterWorks, a
Are marshal, chief of police. city
physician. a Judge of the police court, !
4 superintendent of public parks, city |
assessor, and such assistants and other
officers and servants as they may deem |
necessary for the best interests or the /
,ity: but no such officer shall be ap- |
pointed until his term and salary |
shall have been fixed by ordinance"
This puts n damper on all of the ru-
mors to the effect that Mr.. Billiard |
would appoint a new man for chief of |
police and city engineer at once. Mr.. |
Billiard does not have this power unless
he is able to get majority vote OF the
entire commission
Tn fact the only difference between a
mayor and commissioner under the
commission form is that the former /
.eceives more salary, mas indirect con-
roI over the heads of city departments,
mission and rs head of the police de-
,artment watches the peace of the
,ity. He does not have the power to
lppoint city officers, expel them, veto
ordinances 5r placing his hand as
final reckoning"
There are certain officials who may
,e removed from office for incom-
,etency, neglect of duty, or malfeas-
Lfter due notice in writing and oppOr-
unity to be heard in their defense.
When such charges are sustained any
uch officer shall be removed by reso-
ution of the board of commissioners.
1he officials coming under this head
re the city attorney, the city clerk,
he city treasurer, or the city auditor
In relation to the other officers the
aW says:
But said board may in their discre-
ion, by a majority vote of all the
members thereof, remove with or with
ut cause the incumbent of any other
~
7hatever, ard may by ordinance pre-
cribe, limit or change the compensa-
ion of such officers and employees, ex-
ept that the salaries of all appointIve
Ulcers shall not be increased or di-
ninished during the term for which
hey are appointed"