[R.O. 2011 § 115.010; R.O. 2009
§ 31.01; CC 1981 §§ 2-84, 2-86; Ord. No. 86-2, 1-7-1986]
A. As used in this Chapter, the following
term shall have this prescribed meaning:
OFFICER
Any person elected or appointed to a position in the City
Government pursuant to the City Charter.
B. Qualifications. All officers elected or
appointed to office under the City Charter shall be qualified voters
under the laws and the Constitution of the State. No person shall
be elected or appointed to any office who shall at the time be in
arrears for any unpaid taxes or forfeiture or defalcation in office.
[R.O. 2011 § 115.020; R.O. 2009
§ 31.02; CC 1981 § 2-85; Ord.
No. 86-2, 1-7-1986]
A. The Mayor, Municipal Judge and City Clerk
are authorized and empowered to administer oaths and affirmations
in the following cases:
1.
The Mayor. To witnesses or other
persons touching any subject under consideration by the Council in
which the interest of the City is involved.
2.
The Municipal Judge. To witnesses,
jurors or other persons relating to any trial or other proceedings
within the jurisdiction of his/her court.
3.
The City Clerk. To any person certifying
to any demand or claim against the City, touching the correctness
of the same or to any witness or juror in any condemnation proceeding
or any elective or appointive officer to his/her official oath.
[R.O. 2011 § 115.030; R.O. 2009
§ 31.03; CC 1981 § 2-87; Ord.
No. 86-2, 1-7-1986; Ord. No. 06-353, 12-20-2006]
Every officer of the City and his/her
assistants and every Councilmember, before entering upon the duties
of his/her office, shall take and subscribe to an oath or affirmation
before some court of record in the County, the City Clerk or any person
authorized by law to administer oaths that he/she possesses all the
qualifications prescribed for his/her office by law; that he/she will
support the Constitution of the United States and of the State, the
provisions of all laws of the State affecting Cities of this class
and the ordinances of the City and faithfully demean himself/herself
in office, which official oath or affirmation shall be filed in the
office of the City Clerk. Every officer of the City, when required
by law or ordinance, shall, within fifteen (15) days after his/her
election or appointment and before entering upon the discharge of
the duties of his/her office, give bond to the City, approved by the
Mayor, in such sum and with such sureties as shall be designated by
ordinance, conditioned for the faithful performance of his/her duties
and that he/she will pay over all monies belonging to the City, as
provided by law, that may come into his/her hands. If any person elected
or appointed to any office shall fail to take and subscribe such oath
or affirmation or to give bond as herein required, his/her office
shall be deemed vacant. For any breach or condition of any such bond,
suit may be instituted thereon by the City, or by any person in the
name of the City, for the use of such person.
[R.O. 2011 § 115.040; R.O. 2009
§ 31.04; CC 1981 § 2-88; Ord.
No. 86-2, 1-7-1986; Ord. No. 07-162, 6-11-2007]
Each officer and employee of the
City shall furnish a bond not less than the amount as follows:
Director of Finance
|
$200,000.00
|
Municipal Court Clerk
|
$100,000.00
|
Mayor
|
$10,000.00
|
Director of Administration
|
$10,000.00
|
Finance Specialist
|
$10,000.00
|
Payroll Technician
|
$10,000.00
|
Evidence Officer, Police Department
|
$10,000.00
|
Accounting Technician
|
$10,000.00
|
Building Maintenance Superintendent
|
$5,000.00
|
Fire Chief
|
$5,000.00
|
Cashier and License Inspector, Finance
Department
|
$5,000.00
|
Cashier, Water Department (4)
|
$5,000.00
|
Part-Time Municipal Clerk
|
$5,000.00
|
City Clerk
|
$2,000.00
|
Police Chief
|
$2,000.00
|
Waterworks Superintendent
|
$2,000.00
|
Assistant City Engineer
|
$2,000.00
|
Sexton
|
$2,000.00
|
Secretary II, Police Department
|
$5,000.00
|
Secretary II, Fire Department
|
$2,000.00
|
Secretary II, Planning Department
|
$2,000.00
|
Secretary I, Engineering Department
|
$2,000.00
|
Secretary I, Personnel
|
$2,000.00
|
Secretary I, Community Development
Office
|
$2,000.00
|
Secretary I, Finance Department
|
$2,000.00
|
[R.O. 2011 § 115.050; R.O. 2009
§ 31.05; CC 1981 § 2-89; Ord.
No. 86-2, 1-7-1986; Ord. No. 07-162, 6-11-2007]
Any officer or employee desiring
to resign shall do so in writing. All resignations shall be addressed
and delivered to the Mayor.
[R.O. 2011 § 115.060; R.O. 2009
§ 31.06; CC 1981 § 2-82; Ord.
No. 86-2, 1-7-1986]
A. This Section shall be known as the City's
"Elected Officials Transition Ordinance."
B. Incoming office holders for the positions
of Mayor and Municipal Judge may at their own discretion hire the
outgoing previous office holders for a period not to exceed twenty-one
(21) days as a consultant to aid in the transition process. During
the period of time for which the outgoing officeholder is hired as
a consultant, he/she shall be paid at the same rate as he/she was
receiving while in office, including all extra benefits.
[R.O. 2011 § 115.070; R.O. 2009
§ 31.07; CC 1981 § 2-83; Ord.
No. 86-2, 1-7-1986]
A. The City shall offer legal assistance to
its officers and employees who are defendants in any cause of action
resulting from or alleged to result from an error or omission while
performing the duties and responsibilities of such officers or employees.
B. The City may provide, by insurance, protection
to such officers or employees for legal costs and recovery as the
City Council shall determine.
C. Any officer or employee may request independent legal advice or representation; any cost to the City shall be subject to the approval described in Section
120.170.
[R.O. 2011 § 115.080; R.O. 2009
§ 31.08; CC 1981 § 2-1; Ord. No.
92-246, 10-13-1992]
A. Unless the context specifically indicates
otherwise, the following terms as used in this Section are defined
as follows:
GIFT
Anything of value given to a person whether tangible or intangible
which would reasonably be considered of worth, use or service to the
person to whom it is conferred.
1.
A gift includes, but is not limited
to:
c.
Works of art or collectibles;
d.
Stocks, bonds, notes or options;
e.
An interest in real property;
f.
Contracts or a promise of a future
interest in a contract;
g.
An interest or a promise of a future
interest in a business;
h.
Meals, beverages or lodging;
j.
Services, including loaned employees;
k.
Loans, loan guarantees, co-signing;
m.
Discounts or rebates not extended
to the public generally;
p.
Free or discounted use of office
facilities;
q.
Loan of office equipment;
r.
Promise or offer of present or future
employment;
s.
Use of autos, boats, apartments or
other recreational or lodging facilities; and
t.
Gratuity, favor, fee or compensation.
2.
A gift does not include:
a.
Gifts from any spouse, unemancipated
child, grandparent, grandchild, parent-in-law, brother-in-law, sister-in-law,
nephew, niece, aunt, uncle, great uncle, great aunt, first cousin,
second cousin or the spouse of any of these persons.
b.
Campaign contributions which are
reported under Chapter 130, RSMo.
c.
Compensation from an employer, a
sole proprietorship or a partnership.
d.
Coffee, donuts and similar refreshments
as a normal courtesy incidental to the conduct of a business meeting.
e.
Costs of attending events or functions
in official City capacity.
SUBSTANTIAL INTEREST IN LEGISLATIVE OR ADMINISTRATIVE ACTION
Persons, organizations or corporations which:
1.
Are regulated by the City;
2.
Provide goods and services to the
City for compensation or profit;
3.
Seek employment with the City or
any agency thereof; or
4.
Will be directly and substantially
affected, either financially or personally, by any contemplated legislation
or agency of the City.
B. No Councilmember, Mayor or spouse or dependent
child of a Councilmember or Mayor shall knowingly accept any gift
from any person, organization or corporation having a substantial
interest in any legislative or administrative action of the City,
except as permitted in this Section:
[Ord. No.
21-160, 10-5-2021]
1.
If the retail value of such gifts
received in any calendar year from such person, organization or corporation
does not exceed three hundred dollars ($300.00), then the gifts may
be accepted.
2.
If the retail value of such gifts
received in any calendar year from such person, organization or corporation
exceeds three hundred dollars ($300.00), then the gifts may be accepted
after the following approvals are obtained:
a.
If a Councilmember, then the approval
of the Mayor and the Council president;
b.
If the Council president, then the
approval of the Mayor and the Council vice president; and
c.
If the Mayor, then the approval of
the Council president and the Council vice president.
C. Upon receipt of a gift, any Councilmember
or the Mayor shall file a report of the gift with the City Clerk within
ten (10) business days. Reports required by this Section shall be
considered public records.
[Ord. No.
21-160, 10-5-2021]
D. The provisions of this Section are intended
to avoid even the appearance of conflict of interest and nothing contained
in this Section shall be construed to permit any actual conflict of
interest or any violation of any financial disclosure requirement.
E. Any award given in recognition of service
by a professional, social or service organization and any food, lodging,
honorariums, registration or similar courtesies given by such organizations
in exchange for presentations or other services to the organizations
may be accepted regardless of value, but shall be reported as provided
in this Section.
[R.O. 2011 § 115.090; R.O. 2009
§ 31.09; CC 1981 § 2-463; Ord.
No. 86-310, 12-8-1986; Ord. No. 87-6, 1-20-1987; Ord. No. 89-193, 10-10-1989; Ord. No. 94-314, 12-7-1994; Ord. No. 95-140, 5-17-1995; Ord. No. 08-87, 4-16-2008]
A. Purpose. Elected officials may attend conferences,
seminars or training sessions for the purpose of furthering their
knowledge and education on municipal government and programs and relating
information acquired to the City Council and administration.
B. Procedure.
1.
Funding for travel on City business
by elected officials must be approved in advance by the City Council,
based solely on budgetary limitations for that fiscal year.
2.
If an elected official has received
an advance payment and fails to submit the required expense list and
remit any funds due the City within the ten (10) days after such expenses
are actually incurred, the elected official shall receive no further
expense or travel funds until all requirements under this Section
are fulfilled.
C. Travel And Conference Guidelines For Elected
Officials.
1.
Travel on City business should be
on an economical basis.
2.
Transportation and accommodations
expenses will be funded by the City at reasonable rates. First class
transportation and accommodations shall be allowed only if specific
conditions make other arrangements impossible.
3.
Registration for the conference,
seminar or training session will be funded by the City.
4.
Personal vehicle usage is reimbursable
at a rate authorized by Council to individuals providing their own
transportation. This allowance is intended to cover the cost of gas,
maintenance and insurance. The maximum amount of transportation allowance
paid to an individual for transportation by personal vehicle shall
not exceed fifty percent (50%) of the standard coach airfare, except
when the travel is entirely within the States of Missouri and Illinois,
in which case one hundred percent (100%) of the mileage will be paid.
5.
Garage parking and toll charges incurred
as a result of City business are reimbursable. Cab fares are reimbursable.
6.
Meal expense is reimbursable, as
follows:
a.
Actual cost of meal is reimbursable
with receipt; or
b.
Per diem, without receipt, in the
amounts established for employees.
[R.O. 2011 § 115.100; R.O. 2009
§ 31.10; CC 1981 § 2-91(part); Ord. No. 86-2, 1-7-1986]
Any member of the Council or officer of the City who shall, in his/her official capacity or under color of his/her office, knowingly or willfully or corruptly vote or assent to or report in favor of or allow or certify for allowance any claim or demand against the City, which claim or demand shall be on account of a contract or agreement not authorized by law and the ordinances of the City, shall be deemed guilty of an ordinance violation and shall, upon conviction thereof, be subject to the penalty set forth in Section
100.150 of this Code.
[R.O. 2011 § 115.110; R.O. 2009
§ 31.11; Ord. No. 94-314, 12-7-1994; Ord. No. 05-68, 3-7-2005]
A. In order to receive reimbursement for expenses,
all elected and appointed officials and all employees shall submit
a voucher of their expenses which certifies that the information on
the voucher is true and correct and that the expenses have been actually
and necessarily incurred in the performance of the official business
of the City.
B. Expense Vouchers.
1.
Appointed officials and employees
shall submit an expense voucher to the Finance Director who shall
review the expense vouchers to ensure reimbursement of only those
expenses properly incurred.
2.
Elected officials shall receive reimbursement
for actual expenses incurred while in office by submission of an expense
reimbursement request form to the Finance Director. The request form
shall set forth the period covered by the request, description of
each expense, dollar amount of reimbursement being requested for each
item of expense and such other information and documentation required
to comply with Federal tax law requirements for exclusion of reimbursement
payments from income and reporting for tax purposes. Expense reimbursement
payments made without documentation in compliance with Federal tax
law requirements shall be reported to the Internal Revenue Service
in the manner required by law and all appropriate withholdings of
taxes shall be made as required by law. Mileage shall be reimbursed
at the rate currently in effect for City employees.
C. Expense vouchers shall be submitted within
ten (10) days after the expenses are actually incurred; except that
expense vouchers for elected officials, when advance payments are
not involved, shall be submitted within ninety (90) days after the
expenses are actually incurred.
D. A cash advance for expenses may be authorized
by the Finance Director in instances when the projected expense to
be incurred would pose a financial burden on the elected official,
appointed official or employee.
E. If an advance is authorized, then the voucher
for the expenses actually and necessarily incurred and the balance
of the advance remaining after the expenditures shall be submitted
to the Finance Director within ten (10) days after the expenses are
actually incurred.
[R.O. 2011 § 115.120; R.O. 2009
§ 31.12; Ord. No. 09-07, 1-14-2009]
Written City communications that are distributed via mail on a City-wide basis or to the public at large may contain a reference to both the Mayor and Council, but shall not contain a reference to only the Mayor or to only the Council; except this Section shall not apply to any official act pursuant to Chapter
235, Emergency Management, of the Code of Ordinances.