[Ord. No. 2 §1, 2-11-1963; Ord. No. 384 §1, 10-4-1973]
A general election for the elective officers of the City of
Lake Tapawingo, Missouri, shall be held on the first Tuesday in April,
1963, and every year thereafter. At said election there shall be elected
a Mayor, who shall hold office for the term of two years and until
his/her successors are elected and qualified. Two (2) Aldermen shall
also be elected from each ward by the qualified voters thereof at
the first election. At such election for Aldermen, the person receiving
the highest number of votes in each ward shall hold his/her office
for two years, and the person receiving the next highest number of
votes shall hold his/her office for one year; but thereafter each
ward shall elect annually one Alderman, who shall hold his/her office
for two years, and until his/her successor is elected and qualified.
[Ord. No. 2 §3, 2-11-1963]
The Mayor, with the consent and approval of the majority of
the members of the Board of Aldermen, shall have power to appoint
a City Collector, Chief of Police, Treasurer, City Attorney, City
Assessor, and such other officers as he/she may be authorized by ordinance
to appoint, and if deemed necessary for the best interests of the
City, the Mayor and Board of Aldermen may, by ordinance, employ a
Special Counsel to represent the City, either in a case of a vacancy
in the office of City Attorney or to assist the City Attorney, and
pay reasonable compensation therefor.
[Ord. No. 973, 4-6-2017]
All officers elected to offices or appointed to fill a vacancy
in any elective office under the City Government shall be voters under
the laws and Constitution of this State and the ordinances of the
City except that appointed officers need not be voters of the City.
No person shall be elected or appointed to any office who shall at
the time be in arrears for any unpaid City taxes, or forfeiture or
defalcation in office. All officers, except appointed officers, shall
be residents of the City.
Every Officer of the City and his/her assistants, and every
Alderman, before entering upon the duties of his/her office, shall
take and subscribe to an oath or affirmation before some Court of
Record in the County, or the City Clerk, that he/she possesses all
the qualifications prescribed for his/her office by law; that he/she
will support the Constitution of the United States and of the State
of Missouri, the provisions of all laws of this State affecting Cities
of the Fourth Class, and the ordinances of the City, and faithfully
demean himself/herself while in office; which official oath or affirmation
shall be filed with the City Clerk. Every officer of the corporation,
when required by law or ordinance, shall, within fifteen (15) days
after his/her appointment or election, and before entering upon the
discharge of the duties of his/her office, give bond to the City in
such sum and with such sureties as may be designated by ordinance,
conditioned upon the faithful performance of his/her duty, and that
he/she will pay over all monies belonging to the City, as provided
by law, that may come into his/her hands. If any person elected or
appointed to any office shall fail to take and subscribe such oath
or affirmation, or to give bond as herein required, his/her office
shall be deemed vacant. For any breach of condition of any such bond,
suit may be instituted thereon by the City, or by any person in the
name of the City to the use of such person.
[Ord. No. 2 §10, 2-11-1963]
Within fifteen (15) days after the result of any City election
for City Officers has been declared, such duly elected officers shall
meet and qualify as hereinafter provided for, and at such meeting
the Board of Aldermen so elected shall elect an Acting President of
the Board to act in the absence of the Mayor as a presiding officer
of the Board; and all officers, other than the Mayor and Aldermen,
shall duly qualify unless further time be given by an order of record
by such newly organized Board.
If a vacancy occurs in any elective office, the Mayor or the
person exercising the duties of the Mayor shall cause a special meeting
of the Board of Aldermen to convene where a successor to the vacant
office shall be selected. The successor shall serve until the next
regular municipal election. If a vacancy occurs in any office not
elective, the Mayor shall appoint a suitable person to discharge the
duties of such office until the first (1st) regular meeting of the
Board of Aldermen thereafter, at which time such vacancy shall be
permanently filled.
[Ord. No. 2 §12, 2-11-1963]
Any person elected or appointed to any City Office, who shall
fail to take and subscribe and file the oath or affirmation as required
by these ordinances or execute or file the bond required within the
time and manner as may be fixed by ordinance, his/her office shall
be deemed vacant.
[Ord. No. 2.1 §13, 2-4-1971]
No candidate shall have his/her name printed upon any official
ballot at any election unless a written declaration shall be filed
by the candidate, by personally appearing in the office of the City
Clerk in the City Hall during office hours and within the time for
filing prescribed by the published election rules, stating his/her
full name, residence and ward number and the office for which he/she
proposes for election, that if elected to such office he/she will
qualify.
The Mayor may, with the consent of a majority of all the members
elected to the Board of Aldermen, remove from office, for cause shown,
any elective officer of the City, such officer being first given opportunity,
together with his/her witnesses, to be heard before the Board of Aldermen
sitting as a Board of Impeachment. Any elective officer, including
the Mayor, may in like manner, for cause shown, be removed from office
by a two-thirds (2/3) vote of all members elected to the Board of
Aldermen, independently of the Mayor's approval or recommendation.
The Mayor may, with the consent of a majority of all the members elected
to the Board of Aldermen, remove from office any appointive officer
of the City at will, and any such appointive officer may be so removed
by a two-thirds (2/3) vote of all the members elected to the Board
of Aldermen, independently of the Mayor's approval or recommendation.
The Board of Aldermen may pass ordinances regulating the manner of
impeachments and removals.
[Ord. No. 973, 4-6-2017]
A.
CHIEF
JUST CAUSE
1.
2.
3.
4.
5.
6.
For the purposes of this Section, the following terms shall mean:
Exists when a chief:
Is unable to perform his or her duties with reasonable competence
or reasonable safety as a result of a mental condition, including
alcohol or substance abuse;
Has committed any act, while engaged in the performance of his
or her duties, that constitutes a reckless disregard for the safety
of the public or another Law Enforcement Officer;
Has caused a material fact to be misrepresented for any improper
or unlawful purpose;
Acts in a manner for the sole purpose of furthering his or her
self-interest or in a manner inconsistent with the interests of the
public or the chief's governing body;
Has been found to have violated any law, statute, or ordinance
which constitutes a felony; or
Has been deemed insubordinate or found to be in violation of
a written established policy, unless such claimed insubordination
or violation of a written established policy was a violation of any
Federal or State law or local ordinance.
B.
A chief shall be subject to removal from office or employment by
the Board of Aldermen if:
1.
The Board of Aldermen issues a written notice to the chief whose
removal is being sought no fewer than ten (10) business days prior
to the meeting at which his or her removal will be considered;
2.
The chief has been given written notice as to the Board of Aldermen's
intent to remove him or her. Such notice shall include:
3.
The chief is given an opportunity to be heard before the Board
of Aldermen, together with any witnesses, evidence and counsel of
his or her choosing; and
4.
The Board of Aldermen, by two-thirds (2/3) majority vote, finds
just cause for removing the chief.
C.
Upon the satisfaction of the removal procedure under Subsection (B) of this Section, the chief shall be immediately removed from his or her office, shall be relieved of all duties and responsibilities of said office, and shall be entitled to no further compensation or benefits not already earned, accrued, or agreed upon.
