All powers of the City shall be vested in the Council unless
specifically provided otherwise in this Charter. The Council shall
provide for the exercise of these powers and for the performance of
all duties and obligations imposed on the City by law.
(a)
Composition. The Council shall consist of a Mayor
and two (2) Council Members from each district.
(b)
Representation. The Mayor shall represent the City at large. Two (2) Council Members shall represent each of the districts established under Article VIII, Section 8.6, of this Charter.
(c)
Eligibility. The Mayor and each Council Member shall
be a qualified voter of the City. The Mayor and each Council Member
shall be a resident of the City and shall have been a resident of
the City for at least one (1) year prior to his or her election. Additionally,
each Council Member shall be a resident of the district which he or
she represents.
(d)
Terms. The Mayor and each Council Member shall be
elected for four (4) year terms. The terms of the two (2) Council
Members representing each district shall be staggered. The terms of
the Mayor and all Council Members shall be staggered.
(e)
Limitation On Terms. There shall be no limit to
the number of terms a person may serve as Mayor or Council Member;
provided however, that no person shall be eligible to be elected to
more than two (2) consecutive terms as either Mayor or as a Council
Member.[1]
[Ord. No. 3058 §§ 1--2, 1-18-2012]
[1]
Editor's Note--Since the qualified voters of the City
adopted the new provisions set out in 3.2(d) above, the implementation
shall be as follows:
(a) The Mayor and three (3) Council Members, one (1) from
each of Districts 1, 2, and 3, shall be elected to three (3) year
terms at the regular municipal election of April 3, 2012. Effective
with the regular municipal election of April, 2015, the three (3)
Council Members shall and thereafter be elected to four (4) year terms.
(b) Three (3) Council Members, one (1) from each of Districts
1, 2, and 3, shall be elected to a four (4) year term at the regular
municipal election of April, 2013. Effective with that election, the
three (3) Council Members shall and thereafter be elected to four
(4) year terms.
(c) To achieve staggered elections between the Mayor and all Council Members as provided in the Charter amendment to Section 3.2(d), the Mayor shall be elected to a second (2nd) three (3) year term at the regular municipal election of April, 2015. Effective with the regular municipal election of April, 2018, the Mayor shall and thereafter be elected to a four (4) year term.
In all circumstances other than those recognized exceptions treated in Article XIII of this Charter, the Council may determine the annual compensation of the Mayor and Council Members by ordinance, but no ordinance increasing such compensation shall become effective for a Mayor or Council Member until the commencement of a new term of office. In addition to their compensation, the Mayor and Council Members shall receive their actual and necessary expenses incurred in the performance of their duties, provided that such expenses are supported by appropriate documentation.
(a)
Holding Other Office. Except where authorized by
law or pursuant to an agreement between the City and another entity
of government, neither the Mayor nor any Council Member shall hold
any other City office or employment during the term for which he or
she was elected, and no former Mayor or Council Member shall hold
any compensated appointive City office or employment until one (1)
year after the end of his or her service in the position to which
he or she was elected or appointed; and in no event, even if authorized
to hold additional City offices, shall any such Mayor or Council Member
exercise any voting rights in such office other than that to which
they were elected or appointed to fill a vacancy in an elected office.
(b)
Appointments, Hirings And Removals. Neither the
Mayor nor any Council Member shall in any manner dictate, encourage
or discourage the appointment, hiring or removal of any City administrative
officers or employees whom the City Manager or any of his or her subordinates
are empowered to appoint or hire; provided however, the City Manager
shall inform the Council of any person selected by the City Manager
for appointment as Assistant City Manager or as a department head
prior to such appointment. As a collective body the Mayor and Council
Members may express their views and discuss with the City Manager
anything pertaining to the appointment, hiring and removal of such
officers and employees.
[Ord. No. 2739 §1(2--4), 1-18-2006, passed by
a vote on April 4, 2006]
(c)
Interference With Administration. Except for the purpose of inquiry, information or investigation as established by Article III, Section 3.11 of this Charter, the Mayor or Council Members shall deal with City officers and employees who are subject to the direction and supervision of the City Manager solely through the City Manager. Neither the Mayor nor Council Members shall give any orders to any such officer or employee, either publicly or privately.
[Ord. No. 2518 §1(B), 8-21-2002, passed by a vote
on November 5, 2002]
(a)
Vacancies. The office of Mayor or Council Member
shall become vacant upon the death or resignation of an office holder,
an officer holder's forfeiture of his or her office or an office
holder's removal from office by any manner authorized by law.
(b)
Forfeiture Of Office. The Mayor or a Council Member
shall forfeit his or her office if at any time during his or her term
of office, he or she:
(1)
Lacks any qualification for the office prescribed by this Charter
or by law,
(2)
Violates any express prohibition of this Charter,
(3)
Is convicted of a crime involving moral turpitude,
(4)
Is in default to the City, or
(5)
Fails to attend three (3) consecutive regular meetings of the Council
without being excused by the Council.
(c)
Filling Of Vacancies. Any vacancy in the Council,
whether the Mayor or another Council Member, shall be filled by the
Council by a majority vote of all its remaining members for a period
running to the next regularly scheduled Council election unless such
period exceeds one (1) year. In the latter case, the Council shall
make arrangements for a special election to fill such vacancy for
the remainder of the unexpired term.
The Council shall be the judge of all questions pertaining to
the elections and qualifications of its members, including the Mayor
and of the sufficiency of the grounds for forfeiture of their office.
For that purpose, the Council shall have the power to issue subpoenas
to compel the testimony of witnesses and production of evidence and
to administer oaths, both on its own behalf and on behalf of the affected
member. Any person who willfully fails to comply with a subpoena issued
hereunder or who willfully violates an oath administered hereunder
shall be guilty of a misdemeanor subject to penalty as provided by
ordinance.
The Council shall adopt by an affirmative vote of a majority
of the unaffected members a preliminary resolution stating the reasons
a member has not been elected, is not qualified or has forfeited office
and upon adoption of such resolution may suspend the affected member
from duty for a period not to exceed forty-five (45) days. A copy
of the resolution shall be delivered promptly to the affected member.
Within five (5) days after a copy of the resolution is delivered
to the Council Member affected, he or she may file with the Council
a written request for a public hearing. This hearing shall be held
at a Council meeting not earlier than fifteen (15) days nor later
than thirty (30) days after the request is filed. The Council Member
affected may file with the Council a written reply not later than
five (5) days before the hearing. The Council may adopt a final resolution
of removal, which may be effective immediately, by affirmative vote
of a majority of the unaffected members at any time after five (5)
days from the date a copy of the resolution was delivered to the affected
member in the event that a public hearing has not been requested,
or at any time after the public hearing has been completed, if a public
hearing has been requested. Decisions made by the Council under this
Section shall be subject to review by courts of appropriate jurisdiction.
The Council shall appoint an officer who shall have the title
of City Clerk for a term of three (3) years. The Council shall by
ordinance fix the compensation and conditions of employment for such
office. The City Clerk shall maintain the journal of Council proceedings,
authenticate by signature of the City Clerk all ordinances and resolutions
and record them in full in a book maintained for that purpose. The
City Clerk shall also perform such other duties as may be required
by law, by this Charter or by the Council. The City Clerk shall be
responsible to the Council.
(a)
Appointment And Qualifications. The Council shall
appoint an officer who shall have the title of City Attorney and who
shall serve at the pleasure of the Council. The City Attorney shall
be licensed to practice law in the State of Missouri but need not
reside within the City limits.
(b)
Duties. The City Attorney shall be the chief legal
officer for the City and shall have such duties as may be assigned
by law and the Council.
(c)
Compensation. The Council shall by ordinance provide
for the compensation of the City Attorney and any Assistant City Attorneys.
(d)
Assistant City Attorneys. Assistant City Attorneys
may be appointed from time to time by the Council, if deemed necessary.
(a)
Appointment And Qualifications. The Council shall
appoint an officer who shall have the title of Prosecuting Attorney
and who shall serve at the pleasure of the Council. The Prosecuting
Attorney shall be licensed to practice law in the State of Missouri,
but need not reside within the City limits.
(b)
Duties. The Prosecuting Attorney shall, on behalf
of the City, prosecute violations of the ordinances of the City of
Ellisville before the Municipal Judge and any appeals therefrom. The
Prosecuting Attorney shall have such duties as may be assigned by
law and the Council.
(c)
Compensation. The Council shall by ordinance provide
for the compensation of the Prosecuting Attorney and any Assistant
Prosecuting Attorneys.
(d)
Assistant Prosecuting Attorneys. Assistant Prosecuting
Attorneys may be appointed from time to time, as deemed necessary
by the Council.
(a)
Appointment And Qualifications. The Council shall
appoint an officer who shall have the title of Municipal Judge and
who shall serve a term of two (2) years. The Municipal Judge shall
be licensed to practice law in the State of Missouri and shall meet
the qualifications established by State Statute, but need not reside
within the City limits.
(b)
Powers And Duties. The Municipal Judge shall have
such powers and duties as are conferred upon such officers by laws
of the State of Missouri.
(c)
Provisional Municipal Judge. The Council shall appoint
a person to the position of Provisional Municipal Judge who shall
have the same qualifications as the Municipal Judge and who shall
serve a term of two (2) years. The Provisional Municipal Judge shall
serve as Municipal Judge, with the same powers as the Municipal Judge,
in the event the Municipal Judge is unable to perform such duties
of office due to absence, illness, vacancy in the office or disqualification
to hear certain matters.
(d)
Compensation. The Council shall by ordinance fix
the compensation of the Municipal Judge and Provisional Municipal
Judge.
The Council may make investigations into the affairs of the
City. In the event the Council determines to conduct a formal investigation,
it may do so only upon the vote of a majority of the Council then
in office setting forth with particularity the nature of the investigation.
In the event the Council undertakes a formal investigation, it may
conduct hearings, issue subpoenas to compel the testimony of witnesses
and production of evidence and administer oaths. Any person who willfully
fails to comply with a subpoena issued hereunder shall be guilty of
a misdemeanor subject to penalty as provided by ordinance.
The Council shall provide for an independent audit of all City
accounts at least annually. Such audits shall be made by a certified
public accountant or firm of such accountants having no personal interest,
direct or indirect, in the fiscal affairs of the City or any of its
officers. A copy of the report prepared by the certified public accountant
or firm of such accountants shall be sent directly from the auditor
to the Mayor and each Council Member and a copy shall be kept in the
City Clerk's office and shall be open to public inspection. No
certified public accountant or firm shall conduct the audit for more
than four (4) consecutive years.
(a)
Meetings. The Council shall meet regularly at least
once each month at such time and place as the Council may prescribe
by rule. The Council may also hold additional regular meetings at
such time and place as the Council may prescribe by ordinance. In
no event shall any meeting of the Council Members be held outside
the City limits. Notice of such regular meetings shall be posted at
the City Hall. The Mayor may, or at the request of at least one-half
(1/2) of the Council Members shall, call a special meeting of the
Council for a time not earlier than twenty-four (24) hours after notice
is given to all members of the Council then in the City. Emergency
meetings of the Council may also be held at any time by the consent
of two-thirds (2/3) of all the Council Members in the City and such
consent may be given either prior to or during the emergency meeting.
All meetings of the Council shall be public meetings, at which the
Council shall provide for public comments, unless public access has
been restricted pursuant to law. No action of the Council shall take
effect unless the motion for the action and the vote by which it is
disposed of shall take place by roll call vote at proceedings open
to the public; except, however, those matters which may now or which
may hereafter by law be heard in a closed meeting, as for example,
presently provided in Title 39, Chapter 610, RSMo. In either case,
members of the Council must be present to vote.
(b)
Rules And Journals. The Council shall by ordinance
determine its own rules and order of business. It shall cause a journal
of its proceedings to be kept and this journal shall be open to public
inspection. A separate recording shall be kept of closed sessions,
which recording shall remain closed to public inspection and to legal
process except as otherwise provided by Title 39, Chapter 610, RSMo.
(c)
Voting. Voting shall be by roll call except on procedural
motions and the ayes and nays shall be recorded in the journal. Roll
call votes shall be taken in the order as prescribed by rule of the
Council. A majority of members of the Council shall constitute a quorum
for its business. Except as otherwise provided in this Charter, the
affirmative vote of a majority of the entire Council then in office
shall be necessary to adopt any ordinance.
(d)
Form Of Ordinances. Proposed ordinances and resolutions
shall be introduced in the 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 Ellisville, St.
Louis County, Missouri
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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 Ellisville, St.
Louis County, Missouri
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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 subject
matter of the appropriations.
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An ordinance may incorporate or adopt by reference, without
setting forth in full, the provisions of technical codes, Statutes,
prior ordinances, St. Louis County ordinances and other matters of
public record, provided that at least three (3) copies of the material
to be adopted are filed with the City Clerk at least fifteen (15)
days prior to the passage of the ordinance adopting said material.
The copies of material to be adopted by reference shall be retained
by the City Clerk so long as the ordinance remains in effect.
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(e)
Procedure. Every proposed ordinance shall be read
by title in an open Council meeting at least twice before final passage.
No ordinance shall be read more than once at a meeting unless unanimous
consent to vote on the ordinance a second (2nd) time is given. Copies
of each proposed ordinance shall be provided to each Council Member
within a reasonable time after its placement on the agenda, but never
less than forty-eight (48) hours before the start of the meeting.
If this provision is violated, the Council Member must object prior
to the vote on the basis of this violation and in such event the vote
shall be postponed. No ordinance shall be held invalid because of
this provision, unless a Council Member raises an objection before
the vote. After such placement on the agenda, and prior to consideration,
copies of all proposed ordinances shall be posted for public inspection
in an area at City Hall accessible at all hours to the public. The
Council shall enact an ordinance or resolution which shall provide
the opportunity for persons interested in any proposed ordinance to
be heard before the Council.
(f)
Amendments To Proposed Ordinances. If the Council adopts an amendment to a proposed ordinance which constitutes a change in substance, and if a Council Member objects to further consideration of the proposed ordinance for that reason, the proposed ordinance as amended shall be posted for public inspection in compliance with Article III, Section 3.13(e), of this Charter, for one (1) week prior to its final passage. If no Council Member objects, the failure to follow this provision shall not invalidate any adopted ordinance. Further, prior to the passage of any such amended proposed ordinance, the Council may by an explicit vote, waive the one (1) week posting requirement by a two-thirds (2/3) majority vote of the Council.
(g)
Emergency Ordinances. Notwithstanding the foregoing
provision, an ordinance deemed necessary for the immediate preservation
of the public peace, health or safety may be passed as an emergency
measure on the day of its introduction upon the affirmative vote of
two-thirds (2/3) of all the members of the Council. Such emergency
ordinances shall contain a declaration describing in clear and specific
terms the facts and reasons constituting the emergency. All such ordinances
shall be read in their entirety at least once before passage. No ordinance
granting, reviewing or extending a franchise shall be passed as an
emergency ordinance.
(h)
Effective Date. Every adopted ordinance subject
to referendum shall become effective at the expiration of thirty (30)
days after adoption or at any later date specified in such ordinance.
All other ordinances shall become effective upon adoption or at any
later date specified in the ordinance.
(i)
Authentication And Recording. All ordinances and
resolutions adopted by the Council shall be approved as to form by
the City Attorney and authenticated by the signature of the Mayor
and City Clerk. The City Clerk shall record in a properly indexed
book kept for the purpose all ordinances and resolutions adopted by
the Council.
All ordinances and resolutions of the City of a general and
permanent nature shall be codified and promulgated according to a
system of continuous numbering and revision as specified by ordinance.
