Any City officer, board member, Council Member, commission member
or employee who has a financial interest in any contract with the
City, or in the sale of any land, material, supplies or services to
the City or to a contractor supplying the City, or by reason of ownership
of two percent (2%) or more of any class of outstanding stock, units
or other equity interests in any publicly-traded corporation or limited
partnership which is listed on a regulated stock exchange or automated
quotation system in any contract with the City or in the sale of any
land, material, supplies or services to the City or to a contractor
supplying the City, shall make known that financial interest and shall
refrain from voting upon or otherwise participating in his or her
capacity as a City officer, board member, Council Member, commission
member or employee in the making of such sale or in the making or
performance of such contract, other than his or her employment contract
as an officer or employee of the City. Likewise, any City officer,
board member, Council Member, commission member or employee who owns
ten percent (10%) or more of any of the outstanding stock or units
of any closely-held corporation or limited partnership involved in
any contract or other business relationship with the City, shall make
known that financial interest and refrain from voting upon or otherwise
participating in his or her capacity as a City officer, board member,
Council Member, commission member or employee in the making or performance
of any City contract, sale or other business arrangement involving
that financial interest. Any person who is a City officer, board member,
Council Member, commission member or employee and who willfully conceals
such a financial interest or willfully violates the requirements of
this Section shall be guilty of malfeasance in office or position
and shall forfeit his or her office or position. Violation of this
Section with the knowledge express or implied of the person or corporation
contracting with or making a sale to the City shall render the contract
or sale voidable by the City Manager or the Council.
No City employee shall solicit any contribution for the campaign
fund of any candidate for Ellisville City office or take part in the
political campaign of any candidate for Ellisville City office. All
employees may exercise their rights as private citizens to express
opinions and, if a registered voter in Ellisville, to vote in any
City election. Political affiliation, participation or contribution
shall not be considered in making any City employment decision. No
City officer, board member, Council Member, commission member or employee
shall use official authority or official influence for the purpose
of interfering with or affecting the result of an election to Ellisville
City office. No City officer, board member, Council Member, commission
member or employee shall directly or indirectly coerce, attempt to
coerce, command, advise or solicit a City employee to pay, lend or
contribute anything of value to a committee, organization, agency
or person for the political or electoral purposes of any candidate
for Ellisville City office.
(a)
No person shall be appointed to or removed from, or in any way favored
or discriminated against with respect to any City position or appointive
City administrative office because of race, sex, age, disability,
national origin or political or religious opinions or affiliations.
(b)
No person shall willfully make any false statement, certificate,
mark, rating or report in regard to any test, certification or appointment
under the personnel provisions of this Charter or the rules and regulations
made hereunder, or in any manner commit or attempt to commit any fraud
preventing the impartial execution of such provisions, rules and regulations.
(c)
No person who seeks appointment, promotion or retention with respect
to any City position or appointive City administrative office shall
directly or indirectly give, render or pay any money, service or other
valuable thing to any person for or in connection with his or her
test, appointment, proposed appointment, promotion or proposed promotion.
(d)
(1)
The Mayor, Council Members, and the members of any City boards or
commissions shall not meet or confer with any person, business entity,
or any agent of either, regarding any application or petition which
such person, business entity, or agent has filed with the Council,
or any City board or commission, except by way of a lawful public
meeting requested by such person, business entity or agent. Notice
of any such meeting shall be published as required by law and shall
include the purpose of the meeting and the identity of the person,
business entity or agent requesting the meeting; and
(2)
If any Council member, including the Mayor, or any board or commission
member, shall be approached by any person, business entity, or any
agent of either, concerning an application or petition that said person,
business entity, or agent may file with the City Council, or any City
board or commission, such member shall direct the person, business
entity, or agent to request the City Clerk schedule a public meeting
as provided above.
[Ord. No. 2518 §1(J), 8-21-2002, passed by a vote
on November 5, 2002; Ord. No. 2739 §1(6), 1-18-2006, passed by a vote
on April 4, 2006]
(e)
Any person who by himself or herself or with others willfully violates any of the provisions of Article XII, Section 12.3, of this Charter, shall be deemed guilty of a misdemeanor and shall be subject to fine, imprisonment or both as may be provided by ordinance. Any person who violates any of the aforementioned provisions shall forfeit his or her office or employment with the City.
No action shall be maintained against the City for or on account
of any injury growing out of alleged negligence of the City unless
notice shall first have been given in writing and personally served
upon the City Manager, or his or her designee, within ninety (90)
days of the occurrence for which said damage is claimed, stating the
place, time, character and circumstances of the injury, and that the
person so injured will claim damages therefor from the City.
All officers and employees of the City who receive, disburse,
or are responsible for City funds, and such other officers and employees
as the Council by ordinance may designate, shall, within such time
after election or appointment as may be fixed by ordinance, and before
entering upon the discharge of their duties, give bond to the City
in such sums and with such sureties as shall be prescribed by ordinance,
and subject to approval by the Council, conditioned upon the faithful
and proper performance of their duties and for the prompt accounting
for and paying over to the City of all moneys belonging to the City
that may come into their hands. The City shall pay the premiums on
all such bonds.
Amendments to this Charter may be framed and submitted to the electors by a commission in the manner provided by law and the Constitution of the State of Missouri for framing and submitting a complete charter. Amendments may also be proposed by ordinance by the Council or by petition signed by a number of registered voters equal to at least fifteen percent (15%) of the total number of persons registered to vote at the last regular City election, setting forth the proposed amendment and filed with the City Clerk, in the manner prescribed for initiative petitions in Article IX, Section 9.3, of this Charter. The Council shall at once provide by ordinance that any amendment so proposed shall be submitted to the electors at the next election held in the City not less than seventy-five (75) days nor more than one hundred eighty (180) days after its passage or, if none, at a special election held as provided by law and the Constitution of the State of Missouri for a charter. Any amendment approved by a majority of the qualified electors voting thereon shall become a part of this Charter at the time and under the conditions fixed in the amendment; sections or articles may be submitted separately or in the alternative and determined as provided by law and the Constitution of the State of Missouri for a complete charter.
(a)
Improvements. The procedure for making, altering,
vacating or abandoning a public improvement shall be governed by general
ordinance, consistent with applicable State law.
(b)
Special Assessments. The procedure for levying,
collecting and enforcing the payment of special assessments for the
public improvements or special tax bills evidencing such assessments
shall be governed by general ordinance, consistent with applicable
State law.
Any ordinance may be proved by a copy thereof certified by the
City Clerk under the seal of the City; or, when printed and published
by authority of the City, shall be received in evidence in all courts
or other places, without further proof of authenticity.
If any provision of this Charter is held invalid, the other
provisions of the Charter shall not be affected thereby. If the application
of the Charter or any of its provisions to any person or circumstances
is held invalid, the application of the Charter and its provisions
to other persons or circumstances shall not be affected thereby.
[Ord. No. 2518 §1(K), 8-21-2002, passed by a vote
on November 5, 2002]
An ordinance establishing a Charter Enforcement Commission shall
be enacted by the Council within sixty (60) days after the effective
date of this Charter amendment with the option to extend it to ninety
(90) days on unanimous consent of the Council.
The Charter Enforcement Commission shall consist of the senior
Council member from each district, except in such case the senior
Council member is the subject of the alleged charter violation, then
it shall be the junior Council member of the district. If neither
Council member from a district is available to serve, then it shall
be the Mayor, or in his absence, a Council member selected by the
Council.
Said Commission shall investigate and render advisory opinions
on allegations of violations of this Charter to the full Council.
[Ord. No. 2518 §1(L), 8-21-2002, passed by a vote
on November 5, 2002]
From time to time, but not less than every five (5) years, the
Council shall review the Charter to consider whether any amendments
to this Charter are appropriate.
