[Ord. No. 2505 §§1 — 2, 4-12-2012]
A. 
An elected officer of the City may be impeached or removed from office "for cause shown". "For cause shown" means a legally sufficient ground or reason that relates to and affects the administration of the officer's office and that is something of a substantial nature that directly affects the rights and interests of the public. The cause must be one touching upon the performance of an officer's duties showing that he or she is not fit to hold the office. Such cause for removal or impeachment may include any ground or reason deemed sufficient as a matter of law in this State and may include, but is not limited to, any one (1) of the following:
1. 
Willful violation of any of the officer's official duties or the willful violation of City ordinances or State Statutes;
2. 
Culpable official negligence or dereliction of official duties;
3. 
Any conduct inconsistent with the officer's official character and duties;
4. 
Official incompetency or misconduct, oppression or corruption in office, or moral turpitude; and
5. 
Intoxication while in the performance of any official act or duty, or intoxication so as to render the officer incapacitated to perform any official act or duty at the time or in the manner required by law.
[Ord. No. 2505 §§1 — 2, 4-12-2012]
A. 
Impeachment proceedings shall commence by a motion of any Alderman, approved by a majority of the Board of Aldermen, present and voting, to issue Articles of Impeachment against any accused elected officer.
B. 
When Articles of Impeachment shall be approved by a majority of the Board of Aldermen, the Mayor or the President of the Board of Aldermen, if the Mayor is the accused elected officer, shall immediately appoint some day and time, not less than twenty (20) days after the approval of the Articles of Impeachment by the Board of Aldermen, for appearance of the accused elected officer and cause summons to be issued, signed by the issuing official, with a copy of the Articles of Impeachment annexed, requiring the accused elected officer to appear in the City Hall on the day appointed for that purpose, and answer the charges exhibited against him. Such summons and Articles of Impeachment shall be filed with the City Clerk and served on the accused as provided herein.
C. 
When the elected officer against whom the Articles of Impeachment have been approved by a majority of the Board of Aldermen is the Mayor, or if the office of the Mayor is vacant, the President of the Board of Aldermen shall act in place of the Mayor and in like manner as hereinbefore set forth.
[Ord. No. 2505 §§1 — 2, 4-12-2012]
A. 
At any time after the approval of the Articles of Impeachment, the Board of Aldermen, by majority vote of those present and voting, may make an order suspending the accused officer. Said suspension shall remain in effect until the accused officer is duly acquitted of the charges in the Articles of Impeachment or is otherwise reinstated by the Board of Aldermen.
B. 
When an Order of Suspension has been authorized, the President of the Board of Aldermen shall forward a copy of such order to the City Clerk to be served on the accused as provided herein.
[Ord. No. 2505 §§1 — 2, 4-12-2012]
A. 
The summons, Articles of Impeachment, and Order of Suspension, if any, shall be served by a member of the Police Department. The accused elected officer, if he can be found, shall be personally served with the summons and Articles of Impeachment; and if the accused cannot be found, then by leaving a copy of such summons and Articles of Impeachment at his dwelling house or usual place of abode, with some member of the family above the age of fifteen (15) years. Upon personally serving the notice and copy of the charges on the accused officer, the Law Enforcement Officer serving said notice and charges shall prepare and file with the City Clerk a return of service that sets forth the identity of the person or persons served as well as the location and time of said service.
B. 
If for any reason the accused officer cannot be served with the notice and copy of the charges within three (3) days after the date said charges and notice were filed with the City Clerk, the City Clerk shall thereafter promptly mail the notice of filing, together with a copy of the charges, to the accused officer at his or her last known address by certified mail, return receipt requested, and by regular mail. The City Clerk shall make and keep a permanent record of the service (return of service) in this manner setting forth the identity of the person or persons to whom such notice and copy of charges were mailed and of the addresses to which the notice and charges were sent and of the time when mailed.
[Ord. No. 2505 §§1 — 2, 4-12-2012]
A. 
Issuance And Service Of Subpoenas And Subpoenas Duces Tecum. The Mayor, or if he or she be the accused, then the Mayor Pro Tem of the Board of Aldermen shall — upon request of the City Attorney, the special City Attorney, the accused or the attorney of the accused — issue subpoenas for the attendance of witnesses who may be called to testify at the removal or impeachment hearing or at deposition, and in the proper case, shall issue subpoenas duces tecum for the production of papers related to any subject matter under consideration at the removal or impeachment hearing. Subpoenas shall be served and returned as in civil actions filed in Circuit Courts of this State and witnesses shall be entitled to the same fees and same tender of fees for travel and attendance for witnesses in civil actions filed in the Circuit Courts of this State.
B. 
Enforcement Of Subpoenas. The Board of Aldermen, or the party at whose request a subpoena is issued, shall enforce subpoenas in accordance with Section 536.077, RSMo., by applying to a judge of the Circuit Court of the County of the hearing or of any County where the witness resides or may be found for an order to show cause, which shall be directed to any witness who fails to obey a subpoena, why such subpoena should not be enforced. A copy of the order to show cause and a copy of the application therefor shall be served upon the witness in the same manner as a summons in a civil action. If the Circuit Court shall, after hearing, determine that the subpoena should be sustained and enforced, said court shall proceed to enforce said subpoena in the same manner as though said subpoena had been issued in a civil case in the Circuit Courts of this State.
C. 
Conduct Of The Hearing. The City Attorney or, in the case he or she be the accused or deemed biased, some special City Attorney selected by the Board of Aldermen shall conduct the prosecution of the charges against the accused officer and the accused officer shall be entitled to be represented by an attorney that he or she may employ to conduct his or her defense to the charges.
D. 
Aldermen To Hear Evidence. At the time set for the removal or impeachment hearing provided for herein, and if due notice has been given to the accused officer, the Board of Aldermen, sitting as a court of impeachment, shall hear the evidence against and in favor of the accused and may adjourn from time to time, if necessary, until all the evidence is heard.
E. 
Evidence At The Hearing. All oral evidence shall be taken only on oath or affirmation. Each party shall have the right to call and examine witnesses, to introduce exhibits, to cross-examine opposing witnesses on any matter relevant to the issues even though the matter was not the subject of direct examination, to impeach any witness regardless of which party first (1st) called the witness to testify and to rebut evidence against him or her.
1. 
A party who does not testify in his or her own behalf may be called and examined as if under cross-examination.
2. 
Records and documents of the City which are to be considered at the removal or impeachment hearing shall be offered in evidence so as to become part of the record, the same as any other evidence.
3. 
Evidence to which an objection is sustained shall, at the request of the party seeking to introduce the same, nevertheless be preserved in the record, together with any cross-examination with respect thereto and any rebuttal thereof, unless such evidence is wholly irrelevant, repetitious, privileged or unduly long.
4. 
Any evidence received without objection that has probative value shall be considered by the Board of Aldermen. The rules of privilege shall be effective to the same extent that they are now or may hereafter be in civil actions filed in Circuit Courts of this State. Irrelevant and unduly repetitious evidence shall be excluded.
F. 
Right Of The Accused Officer To Be Heard. At any hearing under Chapter 107 of the Municipal Code, the accused officer, his witnesses and his counsel shall be entitled to be heard in defense of the charges.
G. 
Burden Of Proof. The burden of proof is on the City Attorney or the special City Attorney to cause the Board of Aldermen, sitting as a Board of Impeachment, to believe by clear and convincing evidence that the accused officer committed the charges of impeachment that have been filed against him or her.
[Ord. No. 2505 §§1 — 2, 4-12-2012]
Deposition of witnesses may be taken and used in the same manner, upon and under the same conditions and upon the same notice as is provided for taking and using depositions in civil actions in the Circuit Courts of this State.
[Ord. No. 2505 §§1 — 2, 4-12-2012]
As soon as all of the evidence at the removal or impeachment hearing has been heard, the case shall be submitted to the Board of Aldermen for vote upon the charges and specifications separately. The question upon each charge shall be "Is the accused guilty?" If the accused is found guilty, in accordance with the provisions of Section 107.010 of the Municipal Code, of one (1) of the charges that has been preferred against him or her, the Board of Aldermen may by resolution remove him or her from office and the office shall thereupon be vacant.
[Ord. No. 2505 §§1 — 2, 4-12-2012]
The proceedings of the Board of Aldermen acting under Chapter 107 of the Municipal Code shall be recorded by a certified court reporter selected by the Board of Aldermen. Said certified court reporter shall be a duly authorized notary public in this State and he or she shall be responsible for administering oaths to all witnesses called at the removal or impeachment hearing, taking down and recording all witness testimony heard at the hearing, labeling documentary evidence presented at the hearing and, if requested, providing transcripts to the Board of Aldermen and the accused.
[Ord. No. 2505 §§1 — 2, 4-12-2012]
With respect to any removal or impeachment hearing under Chapter 107 of the Municipal Code, the Board of Aldermen shall retain a duly licensed attorney in the State of Missouri to act as hearing officer who shall preside over the hearing and who shall make rulings on whether certain testimony and exhibits should be admitted into evidence at the hearing.
[Ord. No. 2505 §§1 — 2, 4-12-2012]
A. 
Upon the receipt of competent information, from any source, that provides the Board of Aldermen with reasonable suspicion that an elective officer of the City has committed acts for which impeachment may be warranted, the Board of Aldermen, by majority vote of those present and voting, may make an order suspending the suspected officer for a period not to exceed thirty (30) days while an investigation is conducted or Articles of Impeachment are prepared. In suspending the suspected officer, the Board shall provide a general description of the alleged acts for which investigation is to be conducted or for which Articles of Impeachment are to be drafted, and shall identify the person(s) responsible for conducting the investigation or drafting the Articles of Impeachment.
B. 
When an Order of Suspension has been authorized, the President of the Board of Aldermen shall forward a copy of such order to the City Clerk to be served on the accused as provided herein.
[Ord. No. 2505 §§1 — 2, 4-12-2012]
If the accused shall not appear after being notified as provided in this Chapter, the Board of Aldermen and Mayor may proceed ex parte.