[1]
Editor's Note: Ord. No. 5471 § 1,
adopted June 11, 2009, repealed Sections 110.050 through 110.070 and
enacted new provisions set out herein. Former Sections 110.050 through
110.070 derived from R.O. 2007 §§ 110.060 through 110.075;
Ord. No. 1184 §§ 14, 23, 1-17-85; Ord. No. 3411 § 1,
8-1-96.
[R.O. 2008 § 110.050; Ord. No. 5471 § 1, 6-11-2009]
The Mayor shall be elected by the
qualified voters of the City at the general municipal election in
2013 and every four (4) years thereafter. The Mayor shall hold his
or her office for a term of four (4) years and until a successor is
elected and qualified. No person shall be elected to the office of
Mayor unless he or she is at least twenty-one (21) years of age, a
citizen of the United States, and a registered voter of the City at
the time of and a resident thereof for two (2) years immediately preceding
the Mayoral election. No person shall be elected who shall be at the
time be in arrears for any unpaid City taxes, or forfeiture or defalcation
in office, or who has been convicted under the laws of this State
of a felony or under the laws of another jurisdiction of a crime which,
if committed within this State, would be a felony, or he or she pleads
guilty or nolo contendere (no contest) of such crime.
[R.O. 2008 § 110.051; Ord. No. 5471 § 1, 6-11-2009]
The salary of the Mayor shall be
fixed by ordinance from time to time and shall not be changed during
the Mayor's term of office. The Mayor may receive reasonable reimbursement
for actual and necessary expenses as provided by ordinance.
[R.O. 2008 § 110.052; Ord. No. 5471 § 1, 6-11-2009]
A.
Vacancy. When any vacancy shall happen
in the office of Mayor by death, resignation, removal from the City,
removal from office, refusal to qualify or otherwise, nominations
of a successor may be made by any member of the City Council and selected
with the consent of a majority of the entire City Council. The City
Council may adopt procedures to fill any such vacancy consistent with
this Section. The successor shall serve until the next general municipal
election, at which time a successor shall be elected to serve the
remainder of the unexpired term. In the case of a temporary absence
of the Mayor or disability to perform the duties of his or her office,
the President Pro Tempore of the City Council shall perform the duties
of Mayor until the Mayor shall return or such disability be removed;
and during such time the President Pro Tempore of the City Council
shall act as Mayor.
B.
Forfeiture. A person holding the office
of Mayor who is convicted of a crime shall, upon conviction, forfeit
such office if:
1.
The Mayor is convicted under the
laws of this State of a felony or under the laws of another jurisdiction
of a crime which, if committed within this State, would be a felony,
or the Mayor pleads guilty or nolo contendere (no contest) of such
a crime; or
2.
The Mayor is convicted of or pleads
guilty or nolo contendere (no contest) to a crime involving misconduct
in office or dishonesty; or
3.
The Missouri Constitution or a State
Statute so provides.
C.
Removal. The Mayor may, for cause shown,
be removed from office by a two-thirds (2/3) vote of the entire City
Council after being first given opportunity, together with the Mayor's
witnesses, to be heard before the City Council sitting as a Board
of Impeachment.
[R.O. 2008 § 110.053; Ord. No. 5471 § 1, 6-11-2009]
A.
The Mayor shall be the Chief Executive
of the City. The Mayor shall be recognized as the head of City Government
for all legal and ceremonial purposes and by the Governor of Missouri
for all purposes of military law. The Mayor shall have the following
powers and duties:
1.
Preside — Tie-Breaking — Calling Special Meetings. The Mayor shall preside at meetings of the City Council, but shall have the right to vote only in case of a tie. The Mayor may call special meetings of the City Council as provided in Section 3.10(A) of the City Charter.
2.
Veto Authority — Process. Every
bill or resolution duly passed by the City Council shall be presented
to the Mayor for the Mayor's approval. The Mayor shall either sign
the same or, within ten (10) days of the passage of such bill or resolution,
return it to the City Clerk with a written statement of the Mayor's
reasons for disapproval. The City Council shall cause the objections
of the Mayor to be entered at large upon the journal. The question
of a bill or resolution vetoed by the Mayor shall be reconsidered
by the City Council at the next regular meeting of the Council, which
question shall be in this form: "Shall the bill (or resolution) 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 (2/3) of the entire City Council
vote in the affirmative, the City Clerk shall certify the fact on
the roll, and the bill thus certified shall become an ordinance in
the same manner and with like effect as if it had received the approval
of the Mayor, and resolutions shall be deemed approved. If the Mayor
fails to so endorse any bill or resolution or fails to return the
same together with his or her reasons for disapproval in writing as
required within ten (10) days of its passage by the City Council,
such ordinance or resolution shall be deemed to be enacted without
the Mayor's signature, and the effective date of the ordinance or
resolution shall be the date of original passage by the City Council
unless a later date is provided in the ordinance or resolution.
3.
Enforce Laws. The Mayor shall see
that all laws, provisions of the Charter and acts of the City Council
subject to enforcement by the Mayor, or by officers subject to the
Mayor's direction and supervision, are faithfully executed.
4.
Budget. The Mayor shall be responsible
for the preparation and presentation of the budget consistent with
the requirements of the City Charter and the ordinances of the City.
5.
Remit Fines. The Mayor shall have
power to remit fines and forfeitures and to grant reprieves and pardons
for offenses arising under ordinances of the City; but this authority
shall not be so construed as to authorize the Mayor to remit any costs
which may have accrued to any officer of the City by reason of any
prosecution under the laws or ordinances of the City.
6.
Other Duties. The Mayor shall exercise
the powers and perform the duties prescribed by law, the City Charter
or ordinance.
7.
Review Of The City Administrator.
The Mayor shall, prior to the submittal of the annual budget, review
the performance of the City Administrator and report to the City Council
concerning the same.
8.
Appointments. The Mayor with the
advice, consent or direction of a majority of the City Council shall
appoint all members of committees, boards and non-elected commissions.
The Mayor shall, within forty-five (45) days of a vacancy occurring
on a board, committee, advisory organization or non-elected commission,
submit to the City Council for approval the names of the applicants
recommended to fill those vacancies. This list will be provided to
the City Council at least seven (7) days prior to a regularly scheduled
meeting. The Mayor shall, at the request of any City Council member,
provide a list of all applicants for those openings prior to that
regularly scheduled meeting.
9.
State Of The City. The Mayor shall,
in January of each year, present a "State of the City" address, independent
of any regular scheduled meeting. Such address shall be held at such
time and place to assure maximum participation of the public and media.
[R.O. 2008 § 110.054; Ord. No. 5471 § 1, 6-11-2009; Ord. No. 5654 § 1, 12-9-2010]
A.
The Mayor shall have authority to select
and employ one (1) Executive Assistant who shall serve at the pleasure
of the Mayor.
B.
Subject to the Mayor's prerogative to assign
specific duties and responsibilities to the Executive Assistant, such
duties and responsibilities shall be enumerated and provided to the
Council, the Executive Assistant to the Mayor may:
1.
Assist in the accumulation and dissemination
of information to and from the Mayor.
2.
Coordinate correspondence on behalf
of the Mayor.
3.
Deal with constituents and others
having business with the Mayor.
4.
Coordinate the Mayor's schedule,
meetings, ceremonies and events.
5.
Act as liaison between the Mayor
and City departments and outside organizations.
6.
Attend meetings, events and ceremonies
as directed by the Mayor.
7.
Provide other assistance and support
to the Mayor as the Mayor shall determine from time to time.
C.
The Executive Assistant to the Mayor shall
not have any authority to act on, sign or otherwise execute documents
or orders specifically requiring the action of the Mayor nor shall
the Executive Assistant direct or interfere with the duties of employees
who are subject to the direction and supervision of the City Administrator.
D.
Compensation and work schedule for the
Mayor's Executive Assistant shall be determined solely by the Mayor,
subject to the limits of the annual appropriation for expenses for
operation of the Mayor's office.
E.
The Executive Assistant to the Mayor is
a personal, confidential assistant and aide to the Mayor and shall
be subject to appointment and removal by the Mayor at will. Notwithstanding
any other provision of the Charter or City Code to the contrary, the
Mayor may take into account political affiliation when selecting any
individual as an Executive Assistant. Anything in this Code of Ordinances,
the City's personnel policies, the Employee Reference Guide or elsewhere
to the contrary notwithstanding, the Executive Assistant to the Mayor
shall not:
1.
Be appointed by or subject to the
direction of the City Administrator.
2.
Be subject to any internal posting or external advertising requirements or testing or competitive examination requirements which might otherwise be the norm for City employment in accordance with either Section 6.2 of the Charter or otherwise, unless the Mayor chooses to engage in any one (1) or more of such processes.
3.
Be subject to removal by the City
Council, except for cause, by a two-thirds (2/3) vote of the Council.
4.
Enjoy any right to internal administrative
appeal or review by the Personnel Committee of disciplinary action
or termination of employment.
