[R.O. 2008; Ord. No. 6645, 1-23-2020]
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.
[R.O. 2008; Ord. No. 6645, 1-23-2020]
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, marital 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 disciplinary
actions involving (a) termination, or (b) suspension without pay,
or (c) demotion in office with reduction in pay. Separation from service,
reduction in pay, reassignment, demotion or other employment changes
resulting from budgetary decisions shall not be subject to appeal
to the Personnel Board, but such actions must be reported to the City
Council by the City Administrator prior to implementation. The Personnel
Board shall review the matter in a closed session and issue a written
decision within a reasonable time.
[R.O. 2008; Ord. No. 6645, 1-23-2020]
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 Section
479.230 the Revised Statutes of Missouri.
[R.O. 2008; Ord. No. 6645, 1-23-2020]
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.
[R.O. 2008; Ord. No. 6645, 1-23-2020]
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.
[R.O. 2008; Ord. No. 6645, 1-23-2020]
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 (2/3) 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. 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.
If any person appointed to any office shall fail to take and subscribe
such oath or affirmation his or her office shall be deemed vacant.
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 the Mayor or Council 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.
