[R.O. 2011 §2-1; Code 1977 §21.100; Ord. No. 2876 §2, 1-6-1997; Ord. No. 2989 §2-123, 8-20-2001; Ord. No. 2991 §2, 9-4-2001]
A.
The
officers of this City shall consist of:
[R.O. 2011 §2-2; Code 1977 §21.120]
All officers elected or appointed to fill elected positions
to offices under the City Government shall be qualified voters under
the laws and Constitution of this State and this Code, except appointed
officials. 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 Police Officers,
the City Attorney and other employees having only ministerial duties,
shall be residents of the City.
[R.O. 2011 §2-71; Code 1977 §21.110]
All appointive officers shall be appointed to serve at the pleasure
of the Mayor and the Board of Aldermen.
[R.O. 2011 §2-3; Code 1977 §21.130]
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 person authorized
to administer oaths, that he/she possesses all qualifications prescribed
for his/her office by law; that he/she will support the Constitution
of the United States and of this State, the provisions of all laws
of this State affecting the City and the Code of Ordinances and other
ordinances of the City; and faithfully demean himself/herself while
in office, which oath or affirmation shall be filed with the City
Clerk. Every officer of the City, when required by this Code or other
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 this Code or other ordinance, conditioned
upon faithful performance of his/her duty, and that he/she will pay
over all money belonging to the City and fully account for the same,
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.
[R.O. 2011 §2-4; Code 1977 §21.160]
A.
The
Mayor, Municipal Judge and City Clerk are hereby empowered and authorized
to administer oaths or affirmations in the following cases:
1.
The Mayor, to witnesses or other persons concerned with any subject
under consideration by the Board of Aldermen in which the interest
of the City is involved.
2.
The Municipal Judge, to witnesses, jurors, or other persons relating
to any trial or other proceedings within the jurisdiction of his/her
court.
3.
The City Clerk, to any person certifying to any demand or claim against
the City concerning the correctness of the same.
[R.O. 2011 §2-5; Code 1977 §21.140]
Upon filing of the oath of office and approval of bond, when
bond is required, the City Clerk shall deliver to the person elected
or appointed a commission signed by the Mayor, and under the Seal
of the City, duly countersigned by the Clerk, authorizing the person
therein named to discharge the duties of the office therein named
for the term for which he/she was appointed or elected.
[R.O. 2011 §2-15; Code 1977 §21.150]
The Board of Aldermen shall have the power to fix the compensation
of all officers or employees of the City by ordinance. The salary
of an officer shall not be changed during the time for which he/she
was elected or appointed. In addition to the fees allowed by this
Code or other law or ordinance, the City Officers shall receive such
compensation for their services as the Board of Aldermen shall from
time to time provide.
[R.O. 2011 §2-6; Ord. No. 2709 §§1 — 2, 11-2-1987]
A.
The
City of Salem, Missouri, by majority vote of the Board of Aldermen
may allow the expenditure of funds for the purpose of employing legal
counsel to represent City Officials who have been sued in their official
capacity.
B.
Each
such expenditure must be approved by the Board of Aldermen and such
expenditures only to be made in situations where City Officials are
not provided legal counsel through an insurance policy.
[R.O. 2011 §2-7; Ord. No. 3221 §§1 — 5, 4-4-2011; Ord. No. 3325 §§ 1 — 5, 2-21-2017]
A.
Declaration Of Policy. The proper operation of government requires
that public officials and employees be independent, impartial and
responsible to the people; that government decisions and policy be
made in the proper channels of the governmental structure; that public
office not be used for personal gain; and that the public have confidence
in the integrity of its government. In recognition of these goals,
there is hereby established a procedure for disclosure by certain
officials and employees of private financial or other interests in
matters affecting the political subdivision.
B.
Conflicts Of Interest.
1.
All elected and appointed officials as well as employees of a political subdivision must comply with conflict of interest statutes under Chapter 105 of the Missouri Revised Statutes as well as any other State law governing official conduct.
2.
Any member of the governing body of a political subdivision
who has a "substantial personal or private interest" in any measure,
bill, order or ordinance proposed or pending before such governing
body must disclose that interest to the secretary or clerk of such
body and such disclosure shall be recorded in the appropriate journal
of the governing body. Substantial personal or private interest is
defined as ownership by the individual, his/her spouse, or his/her
dependent children, whether singularly or collectively, directly or
indirectly of:
a.
Ten percent (10%) or more of any business entity; or
b.
An interest having a value of ten thousand dollars ($10,000.00) or
more; or
c.
The receipt of a salary, gratuity, or other compensation or remuneration
of five thousand dollars ($5,000.00) or more, per year from any individual,
partnership, organization, or association within any calendar year.
C.
Disclosure Reports. Each elected official, candidate for elective
office, the chief administrative officer, the chief purchasing officer,
and the full-time general counsel shall disclose the following information
by May 1, or the appropriate deadline as referenced in Section 105.487,
RSMo., if any such transactions occurred during the previous calendar
year:
1.
For such person, and all persons within the first degree of
consanguinity or affinity of such person, the date and the identities
of the parties to each transaction with a total value in excess of
five hundred dollars ($500.00), if any, that such person had with
the political subdivision, other than compensation received as an
employee or payment of any tax, fee or penalty due to the political
subdivision, and other than transfers for no consideration to the
political subdivision; and
2.
The date and the identities of the parties to each transaction
known to the person with a total value in excess of five hundred dollars
($500.00), if any, that any business entity in which such person had
a substantial interest, had with the political subdivision, other
than payment of any tax, fee or penalty due to the political subdivision
or transactions involving payment for providing utility service to
the political subdivision, and other than transfers for no consideration
to the political subdivision.
3.
The chief administrative officer and the chief purchasing officer
also shall disclose by May 1 or the appropriate deadline as referenced
in Section 105.487, RSMo., the following information for the previous
calendar year:
a.
The name and address of each of the employers of such person
from whom income of one thousand dollars ($1,000.00) or more was received
during the year covered by this statement;
b.
The name and address of each sole proprietorship that he/she
owned; the name, address and the general nature of the business conducted
of each general partnership and joint venture in which he/she was
a partner or participant; the name and address of each partner or
coparticipant for each partnership or joint venture unless such names
and addresses are filed by the partnership or joint venture with the
Secretary of State; the name, address and general nature of the business
conducted of any closely held corporation or limited partnership in
which the person owned ten percent (10%) or more of any class of the
outstanding stock or limited partnership units; and the name of any
publicly traded corporation or limited partnership that is listed
on a regulated stock exchange or automated quotation system in which
the person owned two percent (2%) or more of any class of outstanding
stock, limited partnership units or other equity interests;
c.
The name, address of each corporation for which such person
served in the capacity of a director, officer or receiver.
D.
When Filed. The financial interest statements shall be filed at the
following times, but no person is required to file more than one (1)
financial interest statement in any calendar year:
1.
Each person appointed to office shall file the statement within
thirty (30) days of such appointment or employment, covering the calendar
year ending the previous December 31.
2.
Every person required to file a financial interest statement
shall file the statement annually not later than May 1 and the statement
shall cover the calendar year ending the immediately preceding December
31; provided that any member of the Board of Aldermen may supplement
the financial interest statement to report additional interests acquired
after December 31 of the covered year until the date of filing of
the financial interest statement.
3.
Every candidate required to file a personal financial disclosure
statement shall file no later than fourteen (14) days after the close
of filing at which the candidate seeks nomination or election or nomination
by caucus. The time period of this statement shall cover the twelve
(12) months prior to the closing date of filing for candidacy.
E.
Filing Of Ordinance. A certified copy of the ordinance, adopted,
shall be sent within ten (10) days of its adoption to the Missouri
Ethics Commission.
