City of Ellisville, MO
St. Louis County
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Table of Contents
Table of Contents
[Ord. No. 2887 §1, 4-16-2008]
A. 
There is hereby created and established a Charter Enforcement Commission. The Commission shall investigate and render advisory opinions on alleged violations of the Ellisville City Charter, as provided herein, by any person holding elective office or by any administrative officer excluded from the supervision of the City Manager as provided by law.
B. 
The Commission shall consist of the senior Council member from each district, except if a senior Council member is the subject of a complaint of a Charter violation or is in any way involved with the allegation, then it shall be the district's junior Council member. If neither Council member from a district is available to serve, then it shall be the Mayor, or if not available, another Council member selected by the Council.
C. 
Meetings of the Commission may be conducted only when all members are in attendance. A meeting may be called by the Chairperson or by any two (2) members, but not less than five (5) days' advance notice of a meeting shall be given to each member. Attendance at a meeting by a member shall be a waiver of the notice requirement.
D. 
After having been convened, the Commission shall elect a Chairperson. The Chair may serve in such capacity for the course of the Commission's work or can be elected on a meeting by meeting basis. The City Clerk shall serve as Secretary to the Commission. The City Attorney shall serve as attorney to the Commission.
[Ord. No. 2887 §1, 4-16-2008]
A. 
Any complaint that a covered person has violated a provision of the Ellisville City Charter shall be submitted in writing and under oath, with all available substantiating evidence, to the City Clerk. The complaint shall specify the name of the alleged offender (the "respondent"), details concerning the nature and date(s) of the alleged violation(s), and the Charter provisions alleged to have been violated. The City Clerk shall deliver to each member of the Commission and the respondent a copy of the complaint no later than two (2) business days following receipt.
B. 
The respondent, within seven (7) days from the date of delivery of the complaint, may file an answer with the City Clerk. The answer may include arguments and evidentiary attachments disputing the alleged violation(s). The City Clerk shall deliver to each member of the Commission and the complainant a copy of the respondent's answer, if any, no later than two (2) business days following receipt.
[Ord. No. 2887 §1, 4-16-2008]
A. 
The City Clerk shall schedule an initial meeting of the Commission no later than seven (7) days following the due date of the respondent's answer, at which time the Commission shall review the complaint and answer. The Commission shall then determine whether probable cause exists to believe that a violation of the City Charter has occurred. "Probable cause" means a reasonable ground for supposing that the charged violation is well-founded.
1. 
If the complaint fails to establish probable cause for any charged violation of the City Charter, the Commission shall prepare a written report to the City Council recommending dismissal of that charge.
2. 
If the Commission finds probable cause for any charged violation of the City Charter, the Commission shall prepare a written report to the City Council recommending consideration of the charge(s) for which probable cause is found.
3. 
If the complaint does not contain sufficient information by which to determine whether or not probable cause exists for any charged violation of the City Charter, the Commission shall, in writing, request supplemental written information from the complainant to substantiate the charge(s).
a. 
The City Clerk shall deliver to each member of the Commission and the respondent a copy of any supplement no later than two (2) business days following receipt.
b. 
The respondent, within seven (7) days from the date of delivery of the supplement, may file a response with the City Clerk. The response may include arguments and evidentiary attachments disputing the alleged violation(s). The City Clerk shall deliver to each member of the Commission and the complainant a copy of the respondent's response, if any, no later than two (2) business days following receipt.
c. 
Thereafter, the Commission shall prepare its written report to the City Council recommending dismissal or consideration of the charge.
B. 
The Commission shall complete its review and issue its recommendation to the Council not later than forty-five (45) days following the filing of the complaint. If the Commission is unable to complete its review and issue its recommendation within such time, the complaint shall be forwarded to the Council without recommendation.
C. 
All recommendations of the Commission shall be adopted by majority vote of the full Commission, but any member of the Commission may prepare and forward a dissent to the City Council within seven (7) days of the submission of the majority recommendation. If a complaint is forwarded to the Council without recommendation, any member of the Commission may prepare and forward his or her own recommendation to the Council within seven (7) days of the submission of the complaint.
D. 
The complainant and the respondent shall receive copies of any recommendation issued by the Commission and, within seven (7) days of the submission of the Commission's recommendation, may prepare and file with the City Clerk a written reply, with evidentiary attachments, to the recommendation.
[Ord. No. 2887 §1, 4-16-2008]
A. 
On receipt of either a recommendation from the Commission or a complaint without recommendation, the City Council shall move expeditiously to judge the sufficiency of the charged violation(s) of the City Charter as provided herein.
1. 
The Council shall review all complaint documents and shall determine whether to dismiss the complaint or proceed with a hearing on the alleged charge(s).
2. 
If the Council determines to proceed with a hearing, the Council shall adopt a resolution stating the charges and specifications on which the hearing shall proceed and shall set a date for a hearing. The hearing shall not be held at any regular meeting of the Council, and the alleged charge(s) shall be the exclusive matter considered at the hearing.
3. 
A copy of the resolution and a notice of the date and time of the hearing shall be delivered to the respondent no later than two (2) days following the resolution's adoption. Delivery shall be effected by United States first class mail to the respondent's City residence. The hearing, or any portion thereof, can be continued on the reasonable request of the respondent.
4. 
The City Council shall retain independent legal counsel to prosecute the specified charge(s), who shall have the burden of establishing same, and the respondent may be represented by counsel at the hearing which shall be recorded. The Council shall have the power to issue subpoenas to compel the testimony of witnesses and the production of evidence and to administer oaths, both on its own behalf and on behalf of the respondent. The hearing, or any portion thereof, can be continued by consent of the Council and on the reasonable request of the respondent.
5. 
If the Council determines that the evidence supports the specified charge(s), the Council shall adopt a final resolution of removal stating the same and the reasons for forfeiture of office, which shall be effective immediately upon adoption. The respondent shall have thirty (30) days to appeal the decision to the St. Louis County Circuit Court.
6. 
All decisions of the Council shall be determined by the affirmative vote of a majority of the members of the full Council, excluding the respondent.
[Ord. No. 2887 §1, 4-16-2008]
A. 
All meetings of the Commission or Council shall be held at a time reasonably convenient to the public.
B. 
Any person who willfully fails to comply with a subpoena issued hereunder or who willfully violates an oath administered hereunder shall be guilty of an ordinance violation, punishable as provided in Section 100.110 of the City Code, and such action shall also be grounds for disciplinary action, including removal from elective office or termination of employment.
C. 
The Commission shall keep the City Council informed of the status of its review and investigation of any complaint.
D. 
All proceedings of the Commission and the Council shall comply with Chapter 125 of the City Code, being the City's Open Meetings and Records Policy.