[R.O. 2008; Ord. No. 6645, 1-23-2020]
Except as otherwise provided in this
Charter, all powers of the City shall be vested in the City Council.
The City Council shall provide for the exercise of these powers and
for the performance of all duties and obligations imposed on the City
Council by law.
[R.O. 2008; Ord. No. 6645, 1-23-2020]
A.
Composition Of Wards, And The Eligibility
Of The City Council Members.
1.
Number Of Wards. The City shall, by Ordinance,
divide the City into no less than five (5) Wards, and two (2) Council
members shall be elected from each of such Wards by the qualified
voters thereof. Each Ward shall be compact in form and be composed
of adjoining territory. Populations of Wards shall be substantially
equal.
2.
Election By Wards. The City Council members
shall be elected by the qualified voters of their respective Wards.
The candidate receiving the highest number of votes shall be elected.
3.
Election. At each General Municipal Election,
City Council members shall be elected to fill the positions of those
whose terms expire.
4.
Terms. City Council members shall be elected
to serve staggered three (3) year terms.
5.
Eligibility. A City Council member shall
be a registered voter of the City, shall have been a resident of the
Ward for which they have filed for at least one (1) year prior to
his or her election and be twenty-one (21) years of age by the date
of the 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.
6.
Term Limitations. No one shall be elected
to a fifth consecutive term on the City Council. In applying this
limitation on consecutive terms on Council, service resulting from
appointment to fill a vacancy and service resulting from an election
prior to April 7, 2020, shall not be counted.
B.
Apportionment Commission.
1.
Appointment. Within sixty (60) days after
the population of this State is reported to the President of the United
States of America for each Decennial Census of the United States,
the Mayor shall, with the advice and consent of a majority of the
City Council members, appoint an Apportionment Commission composed
of one (1) member from each of the Wards existing in the City at the
time of the appointment of the Apportionment Commission. The Apportionment
Commission shall, at its first meeting, select one (1) of its members
to serve as chairperson. No person who holds an elective or appointive
office of the City or State shall be eligible for appointment to the
Apportionment Commission. Members of the Commission shall not be eligible
for election as a Council person at the first election held following
reapportionment.
2.
Duties. Within six (6) months of their
appointment, the Apportionment Commission shall prepare a plan of
Wards, which plan shall include a plan for the boundaries as well
as the number of Wards, and shall present that plan, together with
a report explaining it, to the Mayor and City Council. All necessary
expenses of the Apportionment Commission shall be paid by the City.
3.
Public Hearing. Within forty-five (45)
days after receiving the plan of the Apportionment Commission, the
City Council shall hold a Public Hearing on the plan. At least fifteen
(15) days notice of the time and place of such hearing shall be published
in an official paper or a paper of general circulation in the City.
[R.O. 2008; Ord. No. 6645, 1-23-2020]
The City Council shall have the power
to fix the compensation of City Council members by an Ordinance. The
salary of a City Council member shall not be changed during the time
for which he or she was elected or appointed. City Council members
may receive reasonable reimbursement for actual and necessary expenses
as provided by Ordinance. The use of City resources not relating to
City business must be fully reimbursed.
[R.O. 2008; Ord. No. 6645, 1-23-2020]
The Mayor, as President of the City
Council, shall preside over the meetings of the City Council. At the
first regular meeting of the City Council after the election in each
year, which meeting shall occur at the time fixed by Ordinance, the
City Council shall elect one (1) of its members President Pro Tempore,
who shall hold his or her office for the term of one (1) year, and
who, in the absence of the Mayor, shall have all the powers and perform
all the duties of Mayor whenever the Mayor shall be absent from the
City or for any cause shall be unable to discharge the duties of the
office and shall preside at the meetings of the City Council; provided,
that in the absence of both the Mayor and the President Pro Tempore,
the City Council may select one (1) of its members present to preside
at such meeting who shall be styled acting President Pro Tempore.
[R.O. 2008; Ord. No. 6645, 1-23-2020]
A.
Holding Other Office. Except where authorized
by law, no Council member shall hold any other City office or City
employment during the term for which he or she was elected or appointed,
and no former City Council member shall hold any appointive City office
or City employment until one (1) year after the expiration of the
term for which the City Council member was elected or appointed.
B.
Appointments And Removals. Neither the
City Council nor any of its members shall in any manner dictate the
appointment or removal of any employees whom the City Administrator
or any of his or her subordinates are empowered to appoint or employ,
but the City Council as a whole may express its views and fully and
freely discuss with the City Administrator anything pertaining to
appointment and removal of such officers and employees.
C.
Interference With Administration. Except for the purpose of inquiries and investigations under Section 3.8 of this Article, the City Council or its members shall deal with City officers and employees who are subject to the direction and supervision of the City Administrator solely through the City Administrator, and neither the City Council nor its members shall give orders to any such officer or employee, either publicly or privately.
[R.O. 2008; Ord. No. 6645, 1-23-2020]
A.
Vacancy. When any vacancy shall happen
in the office of a City Council member by death, resignation, removal
from the City, removal from office, refusal to qualify or otherwise,
a successor to the vacant office shall be selected by appointment
by the Mayor with the advice and consent of a majority of the remaining
members of the 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.
B.
Forfeiture. A person holding the office
of City Council member who is convicted of a crime shall, upon conviction,
forfeit such office if:
1.
The City Council member 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 he/she pleads guilty or nolo contendere (no contest) of such a
crime; or
2.
The City Council member is convicted of
or pleads guilty or nolo contendere (no contest) to a crime involving
misconduct in office, dishonesty; or
3.
The Missouri Constitution or a State Statute
so provides.
C.
Removal. The Mayor may, with the consent
of a majority of the entire City Council, remove from office, for
cause shown, any City Council member, such Council member being first
given opportunity, together with his or her witnesses, to be heard
before the City Council sitting as a Board of Impeachment. Any City
Council member may, in like manner, for cause shown, be removed from
office by a two-thirds (2/3) vote of the entire City Council, independently
of the Mayor's approval or recommendation.
[R.O. 2008; Ord. No. 6645, 1-23-2020]
The City Council shall elect an officer
who shall have the title of "City Clerk." The City Clerk shall keep
the Journal of City Council proceedings, authenticate by signature
all Ordinances and Resolutions, and record them in full in a book
kept for that purpose. The City Clerk shall perform such other duties
as may be required by law, by this Charter, or by the City Council.
The City Clerk shall hold office for an indefinite term at the pleasure
of the City Council and may be removed from office by a two-thirds
(2/3) vote of the entire City Council, independently of the Mayor's
approval or recommendation. The City Clerk shall have the power to
administer official oaths.
[R.O. 2008; Ord. No. 6645, 1-23-2020]
The City Council may make investigations
into the affairs of the City and the conduct of any City department,
office or agency and for this purpose may subpoena witnesses, administer
oaths, take testimony and require the production of evidence. The
City Council may, by Ordinance, establish fines and penalties for
any failure or refusal to obey a subpoena issued pursuant to this
Section.
[R.O. 2008; Ord. No. 6645, 1-23-2020]
The City Council shall provide for
an independent audit of all City accounts at least once a year. Such
audits shall be made by a certified public accountant or firm of such
accountants who have no personal interest, direct or indirect, in
the fiscal affairs of the City government or any of its officers.
A copy of the report prepared by the certified public accountant or
firm of such accountants shall be kept in the City Clerk's office
and shall be open to public inspection.
[R.O. 2008; Ord. No. 6645, 1-23-2020]
A.
Meetings. The City Council shall meet regularly
at least twice each month at such times and places as the City Council
may prescribe by Ordinance. The Mayor, upon his or her own motion
may, or at the request of three (3) members of the City Council, shall
call a special meeting of the City Council for a time not earlier
than twenty-four (24) hours after a posted notice is given to all
members of the City Council then in the City. When a regular meeting
date occurs on a City holiday, such meeting shall be rescheduled in
that current month. The City Council may, by a majority vote, cancel
or reschedule a regular meeting.
B.
Agenda. Items shall be placed on the agenda
at the request of the Mayor or when requested by any member of the
City Council. Any Bill before the City Council shall identify the
sponsor(s) of that Bill. The City Council may, by Ordinance, establish
the procedure for inclusion of Bills or other items on the agenda
consistent with this Section.
C.
Rules And Journals. Other than defined
in this Charter, the City Council shall follow accepted parliamentary
procedures and determine its own order of business. It shall cause
a Journal of its proceedings to be kept and this Journal shall be
open to public inspection, except as otherwise provided by law.
D.
Voting. A simple majority of members of
the City Council shall constitute a quorum for its business.
1.
Except as otherwise provided in this
Charter, the affirmative vote of a majority of the entire City Council
shall be necessary to adopt any Ordinance. The manner of voting shall
be determined by Ordinance from time to time. Voting on all Ordinances,
Amendments and Resolutions other than commendations and ceremonial
Resolutions shall be by "aye" or "nay" and the "ayes" and "nays" shall
be recorded in the Journal.
2.
City Council members shall recuse
themselves from taking action on any Bill, Resolution or Motion involving
their own official conduct or a conflict of their personal interest.
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Any City Council member that has
recused themselves shall not participate in the discussion and shall
abstain from voting on said item.
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3.
The President Pro Tempore acting
as the presiding officer shall not cast a second vote to break a tie
vote.
E.
Form Of Ordinances. Proposed Ordinances
and Resolutions shall be introduced in City Council only in written
or printed form. The enacting clause of all Ordinances shall be:
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BE IT ORDAINED BY THE COUNCIL OF
THE CITY OF O'FALLON, MISSOURI, AS FOLLOWS:"
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The enacting clause of all Ordinances
submitted by Initiative shall be:
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"BE IT ORDAINED BY THE PEOPLE OF
THE CITY OF O'FALLON, MISSOURI, AS FOLLOWS:"
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No Ordinance, except those making
appropriations of money and those codifying or revising existing Ordinances,
shall contain more than one (1) subject which shall be clearly expressed
in its title. Ordinances making appropriations shall be confined to
the various subjects and accounts for which moneys are appropriated.
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F.
Procedure.
1.
No Ordinance shall be passed except
by Bill, and all Bills shall be numbered consecutively. All Bills
shall be read two (2) times. The reading of a Bill by its title shall
be deemed sufficient reading unless further reading is called for.
If further reading is called for, and no objection made, the Bill
shall be read at length. If, however, objection be made, the question
shall be determined by the majority of the City Council. The first
reading of the Bill shall be for introduction and information. Copies
of the Bill shall be made and delivered to all members of the City
Council prior to the first reading and copies of such proposed Bill
shall be provided for public inspection in the office of the City
Clerk. Persons interested in a Bill shall be given an opportunity
to be heard before the City Council in accordance with such rules
and regulations as the City Council may adopt.
2.
The vote on the final passage of
a Bill shall be taken after the second reading. The final vote on
a Bill shall not be taken at the same meeting at which the Bill is
introduced. At least ninety-six (96) hours shall intervene between
the convening of a City Council meeting at which a Bill is first introduced
and the convening of a subsequent meeting at which the Bill shall
be considered for final passage. This rule shall not be suspended
if at least three (3) Council members object to its suspension.
3.
When a Bill is reached in its order
to be agreed to and read a second time and placed upon its final passage,
it may, upon the request of the sponsor thereof, be laid over informally,
and thereafter called up by the sponsor at any time when otherwise
in order.
4.
All Bills laid over informally and
not taken up and disposed of at the same meeting shall appear in order
upon the agenda for the next following regular City Council meeting.
5.
If a Bill laid over informally is
not taken up for further consideration within three (3) regular City
Council meetings after being so laid over, it shall lie upon the table
and be dropped from the agenda of the City Council without further
action of the City Council.
G.
Effective Date. Every Ordinance passed
shall take effect and be in force immediately after such approval,
unless a later effective date is expressly provided in the Ordinance.
H.
Approval or Disapproval of Ordinances by Mayor. Each Bill or Resolution duly passed by the City Council shall be presented to the Mayor, immediately after its adoption by the City Council. 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 provided in Section 4.4(B) of this Charter.
