[Ord. No. 1339 §1, 12-19-2013]
No person shall be an Alderman unless he or she is at least
eighteen (18) years of age, a citizen of the United States, and an
inhabitant and resident of the City of Cottleville for one (1) year
next preceding his or her election, and a resident, at the time he
or she files and during the time he or she serves, of the ward from
which he or she is elected.
No person shall be Mayor unless he/she be at least twenty-five
(25) years of age, a citizen of the United States, and a resident
of the City at the time of and for at least one (1) year next preceding
his/her election.
The Board shall elect one (1) of their own number who shall
be styled "Acting President of the Board of Aldermen" and who shall serve for a term of one (1) year.
When any vacancy shall happen in the office of Mayor by death,
resignation, removal from the City, removal from office, refusal to
qualify, or from any other cause whatever, the Acting President of
the Board of Aldermen shall, for the time being, perform the duties
of Mayor, with all the rights, privileges, powers and jurisdiction
of the Mayor, until such vacancy be filled or such disability be removed
or, in case of temporary absence, until the Mayor's return.
The Mayor and Board of Aldermen of each City governed by this
Chapter shall have the care, management and control of the City and
its finances and shall have power to enact and ordain any and all
ordinances not repugnant to the Constitution and laws of this State,
and such as they shall deem expedient for the good government of the
City, the preservation of peace and good order, the benefit of trade
and commerce, and the health of the inhabitants thereof, and such
other ordinances, rules and regulations as may be deemed necessary
to carry such powers into effect and to alter, modify or repeal the
same.
The Mayor shall have a seat in and preside over the Board of
Aldermen but shall not vote on any question except in case of a tie,
nor shall he/she preside or vote in cases when he/she is an interested
party. He/she shall exercise a general supervision over all the officers
and affairs of the City and shall take care that the ordinances of
the City, and the State laws relating to such City, are complied with.
The style of the ordinances of the City shall be: "Be it ordained
by the Board of Aldermen of the City of Cottleville, as follows:"
No ordinance shall be passed except by bill, and no bill shall become
an ordinance unless on its final passage a majority of the members
elected to the Board of Aldermen shall vote for it, and the "ayes"
and "nays" be entered on the journal. Every proposed ordinance shall
be introduced to the Board of Aldermen in writing and shall be read
by title or in full two (2) times prior to passage, both readings
may occur at a single meeting of the Board of Aldermen. If the proposed
ordinance is read by title only, copies of the proposed ordinance
shall be made available for public inspection prior to the time the
bill is under consideration by the Board of Aldermen. No bill shall
become an ordinance until it shall have been signed by the Mayor,
or person exercising the duties of the Mayor's office, or shall have
been passed over the Mayor's veto as herein provided.
Every bill duly passed by the Board of Aldermen and presented
to the Mayor and by him/her approved shall become an ordinance, and
every bill presented as aforesaid, but returned with the Mayor's objections
thereto, shall stand reconsidered. The Board of Aldermen shall cause
the objections of the Mayor to be entered at large upon the journal
and proceed at its convenience to consider the question pending, which
shall be in this form: "Shall the bill pass, the objections of the
Mayor thereto notwithstanding?" The vote on this question shall be
taken by "ayes" and "nays" and the names entered upon the journal,
and if two-thirds (⅔) of all the members-elect shall vote in
the affirmative, the City Clerk shall certify the fact on the roll,
and the bill thus certified shall be deposited with the proper officer
and shall become an ordinance in the same manner and with like effect
as if it had received the approval of the Mayor. The Mayor shall have
power to sign or veto any ordinance passed by the Board of Aldermen;
provided, that should he/she neglect or refuse to sign any ordinance
and return the same with his/her objections, in writing, at the next
regular meeting of the Board of Aldermen, the same shall become a
law without his/her signature.
The Board of Aldermen shall cause to be kept a journal of its
proceedings, and the "ayes" and "nays" shall be entered on any question
at the request of any two (2) members. The Board of Aldermen may prescribe
and enforce such rules as it may find necessary for the expeditious
transaction of its business.
The Board of Aldermen shall semi-annually each year, at times
to be set by the Board of Aldermen, make out and spread upon their
records a full and detailed account and statement of the receipts
and expenditures and indebtedness of the City for the half year ending
with the last day of the month immediately preceding the date of such
report, which account and statement shall be published in some newspaper
in the City.
In the event the financial statement of the City is not published as required by Section 110.100, the Treasurer of the City shall not pay out any money of the City on any warrant or order of the Board of Aldermen after the end of the month in which such financial statement should have been published until such time as such financial statement is published. Any Treasurer violating the provisions of this Section shall be deemed guilty of a ordinance violation.
The Board of Aldermen shall have power to compel the attendance
of witnesses and the production of papers and records relating to
any subject under consideration in which the interest of the City
is involved and shall have power to call on the proper officers of
the City, or of the County in which such City is located, to execute
such process. The officer making such service shall be allowed to
receive therefor such fees as are allowed by law in the Circuit Court
for similar services, to be paid by the City. The Mayor or Acting
President of the Board of Aldermen shall have power to administer
oaths to witnesses.
The Mayor shall sign the commissions and appointments of all
City Officers elected or appointed in the City and shall approve all
official bonds unless otherwise prescribed by ordinance.
The Mayor shall be active and vigilant in enforcing all laws
and ordinances for the government of the City, and he/she shall cause
all subordinate officers to be dealt with promptly for any neglect
or violation of duty; and he/she is hereby authorized to call on every
male inhabitant of the City over eighteen (18) years of age and under
fifty (50) to aid in enforcing the laws.
The Mayor shall from time to time communicate to the Board of
Aldermen such measures as may, in his/her opinion, tend to the improvement
of the finances, the Police, health, security, ornament, comfort and
general prosperity of the City.
The Mayor shall have power to remit fines and forfeitures and
to grant reprieves and pardons for offenses arising under the ordinances
of the City; but this Section shall not be so construed as to authorize
the Mayor to remit any costs which may have accrued to any officer
of said City by reason of any prosecution under the laws or ordinances
of such City.
[Ord. No. 173 §1, 12-2-1993; Ord. No. 409 §1, 7-8-1999; Ord.
No. 495 §§1 — 3, 4-19-2001; Ord. No. 660 §§2,4, 6-24-2004; Ord.
No. 1022 §1, 5-22-2008; Ord. No. 1242 §1, 1-26-2012; Ord. No. 1485 §1, 11-19-2015]
A.
The regular meetings of the Board of Aldermen shall be held on the
third Wednesday of each month. The Board of Aldermen shall hold two
(2) public meetings on each such date. The first meeting shall commence
at 6:00 P.M., and shall be devoted to a work session with City staff
regarding staff issues. The second meeting shall commence at 7:00
P.M., and shall be a general meeting for all other City business.
Both meetings shall be open to the public except during periods of
any closed session within the meetings.
B.
The meetings shall be held at the City Hall, 5490 Fifth Street, Cottleville,
Missouri, unless otherwise posted for a different location.
[Ord. No. 369 §2, 9-3-1998]
Special meetings may be called by the Mayor or by any two (2) members of the Board by written request filed with the City Clerk who shall thereupon prepare a notice of such special meeting in conformance with Chapter 120, Open Meetings and Records Policy, of this Code.
At the hour appointed, the Mayor, or in his/her absence the
Acting President of the Board of Aldermen, shall call the Board to
order, the Clerk shall call the roll of members and announce whether
or not a quorum is present. A majority of the members elected to the
Board shall constitute a quorum. If a quorum not be present, a smaller
number may lawfully adjourn the meeting from day to day until a quorum
is present.
[Ord. No. 1890, 12-16-2020]
A.
Notwithstanding
any other provision of the Municipal Code to the contrary, any board
member of a public governmental body of the City of Cottleville may
attend and participate in a meeting of the public governmental body
of which they are a member, from a remote location via videoconferencing
provided that such attendance and participation is in compliance with
the Remote Participation Policy set forth in this Section and any
applicable laws.
1.
BOARD MEMBER
CLOSED MEETING
OPEN MEETINGS LAW
PUBLIC MEETING
PUBLIC GOVERNMENTAL BODY
QUASI-JUDICIAL PROCEEDING
VIDEOCONFERENCE
Definitions. For purposes of this Section 110.195, the terms and phrases used herein shall have the following meanings:
Any elective or appointive member of a public governmental
body of the City of Cottleville.
Shall have the same meaning as set forth in Section 610.010,
RSMo.
Shall mean Sections 610.010, et seq., RSMo.
Shall have the same meaning as set forth in Section 610.010,
RSMo., but shall not include closed meetings.
Shall have the same meaning as set forth in Section 610.010,
RSMo.
Shall apply to the action of public governmental bodies,
acting in their administrative capacity, who are required to investigate
facts, or ascertain the existence of facts, hold hearings, and draw
conclusions from them, as a basis for their official action, and to
exercise discretion of a judicial nature. A determination of whether
a proceeding is quasi-judicial, shall be guided by whether the public
governmental body exercised such traditional judicial powers as the
conducting of hearings at which witnesses may be summoned and examined,
documents subpoenaed, and judgments handed down.
A conference among board members of a public governmental
body remote from one another who are linked by interactive telecommunication
devices permitting both visual and auditory communication between
and among board members of the public governmental body and members
of the public physically present at the meeting location. During any
videoconference both the visual and auditory communications functions
of the devices shall be used.
2.
Policy Statement. It is the policy of the City of Cottleville that
any board member may attend and participate in any public meeting
of a public governmental body of which that board member is a member
from a remote location via videoconferencing provided that such attendance
and participation is in compliance with this policy and any other
applicable laws. Board members are encouraged to make all efforts
to physically attend public meetings whenever possible. By promulgating
these regulations, the Board of Aldermen hopes to promote greater
participation in government. Members of public governmental bodies
have a responsibility to ensure that remote participation in public
meetings is not used in a way that would defeat the purposes of the
Open Meetings Law.
3.
Prerequisites. A board member shall be provided the opportunity to
attend a public meeting from a remote location if the board member
meets the following conditions.
a.
The board member must notify the City Clerk at least forty-eight
(48) hours before the public meeting of his/her intent to remotely
participate in the public meeting;
b.
Board members who participate remotely and all persons present at
the public meeting location shall be clearly visible and audible to
each other; and
c.
A board member may not participate remotely more than three (3) times
in a calendar year.
4.
Technology. The public governmental body shall determine the acceptable
methods of videoconferencing that be used by its board members, subject
to availability of technology and appropriation of funds. The chair
of the public governmental body or, in the chair's absence, the person
chairing the meeting, may decide how to address technical difficulties
that arise as a result of utilizing remote participation, but is encouraged,
wherever possible, to suspend discussion while reasonable efforts
are made to correct any problem that interferes with a remote participant's
ability to see and hear, or be seen and heard, clearly by all persons
physically present at the public meeting. If technical difficulties
result in a remote participant being disconnected from the public
meeting, that fact and the time at which the disconnection occurred
shall be noted in the meeting minutes.
5.
Minutes. The board member participating remotely shall be counted
as present by means of videoconference for that meeting. The meeting
minutes of the public governmental body shall also reflect and state
specifically whether each board member is physically present or present
by videoconference.
6.
Participation By Remote Board Member. The board member permitted
to participate remotely will be able to express his/her comments during
the public meeting and participate in the same capacity as those board
members physically present, subject to all general public meeting
guidelines and procedures previously adopted and adhered to. The remote
board member shall be heard, considered, and counted as to any vote
taken. Accordingly, the name of any remote board member shall be called
during any vote taken, and his/her vote counted, recorded and placed
in the minutes for the corresponding meeting. A board member participating
remotely may leave a meeting and return as in the case of any board
member physically present, provided the board member attending remotely
shall announce his/her departure and return.
7.
Closed Meetings. A majority of all the board members of a public
governmental body must be physically present at any closed meeting.
No board member may remotely participate in a closed meeting by videoconference.
8.
Quasi-Judicial Proceeding. No board member may remotely participate
in any quasi-judicial proceeding. If a quasi-judicial proceeding is
only part of a public meeting in which a board member is participating
remotely, that board member participating remotely shall abstain from
participating or voting in the quasi-judicial proceeding.
[Ord. No. 378 §§1 —
2, 11-5-1998; Ord. No.
399 §1, 3-4-1999; Ord. No. 2028, 8-24-2022]
A.
The
powers granted to the Mayor and the Acting President of the Board
of Aldermen granted by this Section are hereby also granted to the
presiding officer or presiding member of each commission, committee,
agency and subunit of the City during their meetings.
B.
The
Mayor and the Acting President of the Board of Aldermen, and the presiding
officer or presiding member of each commission, committee, agency
and subunit of the City, shall have the authority to adopt and enforce
reasonable rules of conduct of persons attending meetings of the same.
C.
Unless
specifically authorized by the Mayor or Acting President of the Board
of Aldermen, comments or questions by the public may only be made
during open forum and public hearings during Board of Aldermen meetings.
Public comments or questions by any person, group or entity shall
be limited to three (3) minutes unless specifically extended by the
Mayor or Acting President of the Board of Aldermen and shall be limited
to the discussion of items on the agenda only. The Mayor or Acting
President of the Board of Aldermen may determine that a group or number
of persons wishing to make public comments or questions must be represented
by one (1) person who shall make the public comments or questions.
No member of the public shall make a comment or question until they
are specifically recognized by the Mayor or Acting President of the
Board of Aldermen. Each member of the public shall terminate their
comments and questions when directed to do so by the Mayor or Acting
President of the Board of Aldermen. No member of the public shall
engage in yelling, cursing or peace disturbance during a meeting of
the Board of Aldermen.
D.
The
Mayor or Acting President of the Board of Aldermen may cause any member
of the public who violates the provisions of this Section to be permanently
ejected from a Board of Aldermen meeting.
