City of O'Fallon, MO
St. Charles County
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Table of Contents
Table of Contents
A. 
Administrative Code Required. Within six (6) months of the effective date of this Charter the City Council will adopt by Ordinance an Administrative Code that will provide a plan of organization and structure for O'Fallon City government. The Administrative Code will authorize the City Council to establish regulations for organization and structure. The Administrative Code and regulations shall be consistent with this Charter.
B. 
Boards, Commissions, and Committees to Continue. Upon the effective date of this Charter, all existing boards, commissions, committees, and advisory organizations will be continued as authorized by law or City Ordinance, until disbanded or changed by Ordinance. The duties, responsibilities, and limits of authority shall be defined by the City Council, not inconsistent with State statute or law. New boards, commissions, committees and advisory organizations may be authorized hereafter by Ordinance.
1. 
Except as otherwise required by law, the Mayor, with the advice and approval of a majority of the members of the City Council, shall have the power to appoint the members of boards, committees, and non-elected commissions. The City Council may, by Ordinance, establish procedures for the appointment of the members of boards, committees, and non-elected commissions consistent with the requirements of law and this Charter.
2. 
All boards, committees, commissions, and advisory organizations established for one (1) year or more shall establish By-Laws.
A. 
Personnel System Implementation. Within six (6) months after the effective date of this Charter, the City Council shall adopt by Ordinance a Personnel Code consistent with the requirements of this Charter. The City shall:
1. 
Recruit qualified individuals from all segments of society and select employees on the basis of merit after fair and open competition which assures that all receive equal opportunity.
2. 
Treat employees and applicants fairly and equitably, independent of political affiliation, race, color, national origin, gender, martial status, age, or handicapping condition, and with proper regard for their privacy and constitutional rights.
3. 
Provide equal pay for equal work and recognize excellent performance.
4. 
Maintain high standards of integrity, conduct, and concern for the public interest.
5. 
Manage employees efficiently and effectively.
6. 
Educate and train employees when it will result in better organizational or individual performance.
7. 
Protect employees from arbitrary action, personal favoritism, or coercion for partisan political purposes.
B. 
Personnel Code. The Personnel Code shall provide a comprehensive personnel system for City officers and employees which shall provide for an Employee Reference Handbook to be furnished to each employee. Such handbook may be revised as necessary by the City Administrator and Human Resources Director to comply with Federal and/or State laws or changes to City policy that are not inconsistent with this Charter.
C. 
Personnel Board Established. The Personnel Board shall consist of the Mayor and City Council only. The Personnel Board shall hear appeals restricted to issues related to the termination, suspension without pay, and demotion in office with reduction in pay. The Personnel Board shall review the matter in a closed session and issue a written decision within a reasonable time.
A. 
Organization and Structure. Except as may otherwise be provided by law, all powers, obligations, and duties for all officers, departments, boards, agencies, commissions, and committees will continue upon approval of this Charter, until changed by law or Ordinance.
B. 
Municipal Court. The Mayor, with the consent and approval of a majority of the entire City Council, may appoint a Municipal Judge (or Judges) consistent with the provisions of Chapter 479 of the Revised Statutes of Missouri, as amended, who shall have original jurisdiction to hear and determine all violations against the Ordinances of the City. Each Municipal Judge shall be selected for a term not less than two (2) years. Except where prohibited by Charter or Ordinance, the Municipal Judge may be a part-time Judge and may serve in more than one (1) municipality. The person with the longest uninterrupted tenure as Municipal Judge of the Municipal Court of the City shall act as presiding Judge as said term is used in 479.230 the Revised Statutes of Missouri.
A. 
The Mayor, with the consent and approval of the majority of the entire City Council, shall have the power to appoint a Chief of Police who shall be the chief law enforcement officer of the City. The Chief of Police shall be chosen on the basis of his or her executive and administrative qualifications and his or her demonstrated knowledge of police science and administration with special reference to his or her actual experience in law enforcement leadership, and such other qualifications as may be prescribed by Ordinance. At the time of appointment, the Chief of Police shall be a citizen of the United States and shall either be or become a citizen of the State of Missouri within six (6) months of the date of appointment.
B. 
Every sworn law enforcement officer of the City of O'Fallon shall have the power at all times to make or order an arrest with proper process for any offense against the laws of the City or the State, and to keep the offender in the City prison or other proper place to prevent his or her escape until a trial can be had before the proper officer, unless such offender shall give a good and sufficient bond for his or her appearance for trial, and shall also have power to make arrests without process in all cases in which any offense against the laws of the City or the State shall be committed in his or her presence. Every member of the Police Department is also empowered to serve and execute all warrants, subpoenas, writs or other process issued by the judge hearing and determining municipal Ordinance violation cases of the City at any place within the limits of St. Charles County, Missouri. Every sworn law enforcement officer of the City of O'Fallon shall have the power to make or order an arrest in areas leased or owned by the City outside of the boundaries of the City.
A. 
City Attorney. The Mayor, with the consent and approval of the majority of the entire City Council, may appoint a City Attorney, whose duties shall be fixed by Ordinance. Except as otherwise provided by law, the City Attorney shall represent the City in all legal reviews and actions. Additional Special Counsel may be employed with the approval of the City Council.
B. 
Municipal Prosecuting Attorney. The Mayor, with the consent and approval of a majority of the entire City Council, may appoint a Municipal Prosecuting Attorney, whose powers and duties shall be fixed by Ordinance, but at minimum, shall include the prosecution of the Ordinances of the City in the Municipal Court.
A. 
Appointment of Officers. The Mayor, with the consent and approval of the majority of the entire City Council, shall have power to appoint such Officers as he or she may be authorized by Ordinance to appoint. Appointed officers need not be residents or voters of the City. No person shall be appointed to any office who, shall at the time, be in arrears for any unpaid City taxes or municipal user fees, or forfeiture or defalcation in office.
B. 
Removal of Officers. The Mayor may, with the consent of a majority of the entire City Council, remove from office any appointive Officer of the City at will, and any such appointive Officer may be so removed by a two-thirds (2/3rd) vote of the entire City Council, independently of the Mayor's approval or recommendation. The City Council may pass Ordinances regulating the manner of removals.
C. 
Officers' Oath; Bond. Every officer of the City and his or her assistants, before entering upon the duties of his or her office, shall take and subscribe to an oath or affirmation before some court of record in the county, or the City Clerk, that he or she possesses all the qualifications prescribed for his or her office by law; that he or she will support the Constitution of the United States and of the State of Missouri, the provisions of all laws of this state affecting Charter Cities, and the Charter and Ordinances of the City, and faithfully demean himself or herself while in office; which official oath or affirmation shall be filed with the City Clerk. Every officer of the City, when required by law or Ordinance, shall, within fifteen (15) days after his or her appointment or election, and before entering upon the discharge of the duties of his or her office, give bond to the City in such sum and with such sureties as may be designated by Ordinance, conditioned upon the faithful performance of his or her duty, and that he or she will pay over all moneys belonging to the City, as provided by law, that may come into his or her hands. If any person appointed to any office shall fail to take and subscribe such oath or affirmation, or to give bond as herein required, his or 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.
D. 
Salaries Fixed by Ordinance. The City Council shall have power to fix the compensation of all the officers and employees of the City by Ordinance.
E. 
Vacancies. If a vacancy occurs in any appointive office, the Mayor shall appoint a suitable person to discharge the duties of such office until the first regular meeting of the City Council thereafter, at which time such vacancy shall be permanently filled.
F. 
Powers and Duties. The duties, powers and privileges of officers of every character in any way connected with the City government, not herein defined, shall be prescribed by Ordinance. And Bonds may be required of any such officers for faithfulness in office in all respects.
G. 
Officers to Report Receipts and Expenditures. It shall be the duty of all the Officers of the City to report annually to the City Council, such reports to embrace a full statement of the receipts and expenditures of their respective offices, and such other matters as may be required by the City Council, by Ordinance, Resolution or otherwise.
H. 
Mayor or City Council May Inspect Books and Records. The Mayor or City Council shall have power, as often as he or they may deem it necessary, to require any officer of the City to exhibit his or her accounts or other papers or records, and to make report to the City Council, in writing, touching any matter relating to his or her office.