[R.O. 2011; Approved by electorate, November 3, 1981]
Except as this charter provides otherwise, all powers of the City shall be vested in the City council. 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.
[R.O. 2011; Approved by electorate, November 3, 1981]
No person shall be a councilmember unless the person is at least 21 years of age prior to taking office, a citizen of the United States, an inhabitant of the City for two years next preceding the election, a qualified registered voter, and shall be a resident of the ward from which the person is elected six months next preceding the election. If a councilmember removes the councilmember's residency from the ward from which the councilmember is elected, the councilmember's office shall be immediately vacated.
[R.O. 2011; Approved by electorate, November 3, 1981; Amending Ord. 92-17 approved by electorate, April 7, 1992; Amending Ord. 06-190 approved by electorate, November 7, 2006]
(a) 
Until the election in April 1995, there shall be a City council of two members from each ward nominated and elected by the qualified registered voters of their respective wards, as provided in Article IX. The councilmembers elected at the time of passage of this provision shall remain in office until the new councilmembers are sworn in after the election in April 1995. The councilmembers elected at the election in April 1993 shall serve for a term of two years.
(b) 
Beginning with the election in April 1995, there shall be a City council of one member from each ward nominated and elected by the qualified registered voters of their respective wards, as provided in Article IX. Beginning with the election in April 2007, each councilmember from wards one through five elected in April 2007 shall serve a four-year term and each councilmember from wards six through ten elected in April 2007 shall serve a three-year term. Beginning with the election in April 2011, each councilmember from wards one through five elected in April 2011 shall serve a three-year term.
[R.O. 2011; Approved by electorate, November 3, 1981; Amending Ord. 92-17 approved by electorate, April 7, 1992]
(a) 
Until the election in April 1995, there shall be five City council wards. Ward boundaries shall be established by ordinance following each decennial census and may be changed at other times. Wards shall comprise compact and contiguous territory and shall contain, as nearly as possible, an equal number of inhabitants.
(b) 
Beginning with the election in April 1995, there shall be ten City council wards. Ward boundaries shall be established by ordinance following each decennial census and may be changed at other times. Wards shall comprise compact and contiguous territory and shall contain, as nearly as possible, an equal number of inhabitants. The division of the City into ten wards shall be effective for the election in April 1995 and thereafter.
[R.O. 2011; Approved by electorate, November 3, 1981]
Except as provided in Article XV, the council may determine the compensation of councilmembers by ordinance, but no ordinance increasing such compensation shall become effective until the date of commencement of the terms of councilmembers elected at the next regular election, provided that such election follows the adoption of such ordinance by at least six months. Councilmembers shall also receive their actual and necessary expenses incurred in the performance of their duties of office as provided by ordinance.
[R.O. 2011; Approved by electorate, November 3, 1981; Amending Ord. 15-257 approved by electorate, April 5, 2016]
The members of the council at the first meeting following certification of the election results by the election authority for their election shall elect one of their members as president of the council who shall serve for a term of one year and who shall be presiding officer over the meetings of the council and shall vote as a member.
[R.O. 2011; Approved by electorate, November 3, 1981; Amending Ord. 93-93 approved by electorate, April 6, 1994; Amending Ord. 03-333 approved by electorate on April 6, 2004, to be effective on April 3, 2007 Mayoral Election]
(a) 
Holding Other Office. Except where authorized by law, or pursuant to an agreement between the City and another entity of government, no councilmember shall hold any other City office, City employment or other elected public office during the term for which the member was elected to the council, and no former councilmember shall hold any compensated appointive City office or City employment until one year after the expiration of the term for which the councilmember was elected to the council.
(b) 
Appointments And Removals. Neither the council nor any of its members shall in any manner dictate the appointment or removal of any City administrative officers or employees, whom the mayor or any of the mayor's subordinates are empowered to appoint, but the council may express its views and fully and freely discuss with the mayor anything pertaining to appointment and removal of such officers and employees.
(c) 
Interference With Administration. Except for the purpose of inquiries and investigations under Section 3.13, the council or its members shall deal with City officers and employees who are subject to the direction and supervision of the mayor solely through the mayor, or through the mayor's designee, or pursuant to rules established by the mayor and approved by [the mayor and] a majority of the entire council. Neither the council nor its members shall give orders to any such officer or employee, either publicly or privately. This section shall not be interpreted to prevent social interaction between the Council or its members and such officer or employee, so long as the social interaction is not related to City business.
[R.O. 2011; Approved by electorate, November 3, 1981; Amendment approved by electorate, August 4, 1992]
(a) 
Vacancies. The office of a councilmember shall become vacant upon the councilmember's death, resignation, removal from office in any manner authorized by law, or forfeiture of the office.
(b) 
Forfeiture Of Office. A councilmember shall forfeit office if the councilmember (1) lacks at any time during the councilmember's term of office 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 felony or a crime involving moral turpitude, (4) is in default to the City, (5) fails to attend three consecutive regular meetings of the council without being excused by the council, or (6) for any reason is absent from council meetings for a period longer than two consecutive months unless formally excused by an affirmative vote of 2/3 of the council members.
(c) 
Filling Of Vacancies. In case of vacancy in the council, the mayor shall appoint a qualified person to fill the vacancy of the unexpired term, if the term is to expire within one hundred eighty days. If more than one hundred eighty days remain in the term, then the mayor shall appoint a person to fill the vacancy until a successor is elected at the next election at which the candidates for office have time to properly file for elected office pursuant to the election laws of the City and of the State of Missouri. No appointment to fill a vacancy in the council shall be effective until approved by a majority of the remaining members of the council.
[R.O. 2011; Approved by electorate, November 3, 1981; Amendment approved by electorate, August 4, 1992]
(a) 
The council shall appoint and establish the compensation of an officer who shall have the title of City Clerk. The City Clerk shall keep the journal of council proceedings, authenticate by the City Clerk's signature all ordinances and resolutions, and record them in full in a book kept for that purpose. The City Clerk shall perform such other duties as may be required by law, by this charter, or by the council. The City Clerk shall have the power to administer oaths. The City Clerk shall hold office at the pleasure of the council.
(b) 
The City Clerk shall direct and supervise the employees in the City clerk's office.
[R.O. 2011; Approved by electorate, November 3, 1981; Amendment approved by electorate, August 4, 1992]
(a) 
Meetings. The council shall meet regularly at least once each month at such times and places as the council may prescribe by ordinance. The mayor upon the mayor's own motion may, or at the request of three members of the council shall, call a special meeting of the council for a time not earlier than twenty-four hours after notice is given to all members of the council then in the City. Special meetings of the council may also be held at any time by the consent of all the members of the council, and such consent may be given either prior to or during the special meeting. No action by the council shall have legal effect unless the motion for the action and the vote by which it is disposed of take place at proceedings open to the public.
(b) 
Rules And Journals. The council shall 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.
(c) 
Voting. Voting shall be by roll call except on procedural motions, and the ayes and nays shall be recorded in the journal. In all roll call votes the names of the members of the council shall be called in alphabetical order and the name to be called first shall be advanced one position alphabetically in each successive roll call vote. A majority of members of the council shall constitute a quorum for its business, but a smaller number may meet and compel the attendance of absent members in the manner and subject to the penalties prescribed by the rule of the council. Except as otherwise provided in this charter, the affirmative vote of a majority of the entire council shall be necessary to adopt any ordinance or resolution.
(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: "Be It Ordained By the Council of the City of Saint Charles:" The enacting clause of all ordinances submitted by initiative shall be: "Be It Ordained By the People of the City of Saint Charles:."
No ordinance, except those making appropriations of money and those codifying or revising existing ordinances, shall contain more than one subject which shall be clearly expressed in its title. Ordinances making appropriations shall be confined to the subject matter of the appropriations.
(e) 
Procedure. Except in the case of emergency ordinances, every proposed ordinance shall be read by title in open council meeting two times before final passage, and at least one week shall elapse between introduction and final passage. A copy of each proposed ordinance shall be provided for each councilmember at the time of its introduction, and at least three copies shall be provided for public inspection in the office of the City Clerk until it is finally adopted or fails of adoption. Persons interested in a proposed ordinance shall be given an opportunity to be heard before the council in accordance with such rules and regulations as the council may adopt. If the council adopts an amendment to a proposed ordinance which constitutes a change in substance, the proposed ordinance as amended shall be placed on file for public inspection in the office of the City Clerk for one additional week before final passage.
(f) 
Emergency Ordinances. All emergency ordinances shall be read in full in open council meetings. An ordinance may be passed as an emergency measure on the day of its introduction if it contains a declaration describing in clear and specific terms the facts and reasons constituting the emergency and receives the vote of two-thirds of the members of the council. An ordinance granting, reviewing or extending a franchise shall not be passed as an emergency ordinance.
(g) 
Effective Date. Every adopted ordinance shall become effective immediately upon passage, adoption and approval by the mayor, or at any later date specified therein except those ordinances excluded from referendum provisions which shall become effective on final passage and approval. Emergency ordinances shall become effective upon adoption or at any later date specified therein.
(h) 
Veto Procedures. Every ordinance or resolution adopted by the council shall be presented to the mayor for approval and if the mayor shall sign the same it shall be deemed approved and adopted. The mayor may return an unsigned ordinance or resolution with objections to the council by delivering it to the City Clerk's office at least two days prior to the beginning of the next regular meeting of the council which meeting shall occur at least 13 days following the mayor's receipt and such ordinance or resolution shall stand vetoed and shall not take effect without the approval of the mayor unless adopted over the mayor's veto in the following manner: At the first regular meeting next following receipt by the City Clerk of a disapproved ordinance or resolution the City Clerk shall cause the objection of the mayor to be entered upon the journal of the council and the president of the council shall put to the council the question, "Shall the ordinance or resolution take effect the objections of the mayor notwithstanding?." The question may not be tabled for more than 14 days, and shall not be withdrawn. Should two-thirds of the members of the entire council cast their votes in favor of overriding the mayor's veto, the ordinance or resolution shall take effect, otherwise it shall not take effect. Should the mayor neither sign nor return with objections any ordinance or resolution at least two days prior to the beginning of the next regular meeting of the council which meeting shall occur at least 13 days following the mayor's receipt it shall be deemed approved and adopted. The mayor shall have the power to approve all or any part of any appropriation bill or the general appropriation of the City budget or veto any item or all of the same. The council may override such veto in the same manner as an ordinance or resolution provided three-fourths of the members cast their votes in favor of overriding the mayor's veto before the veto override shall be effective.
[R.O. 2011; Approved by electorate, November 3, 1981]
Within three years after adoption of this charter, all ordinances or resolutions of the City of a general and permanent nature shall be revised, codified and promulgated according to a system of continuous numbering and revision as specified by ordinance. A general codification or revision of the ordinances shall be required every 10 years thereafter.
[R.O. 2011; Approved by electorate, November 3, 1981]
The council shall be the judge of the election and qualifications of its members and of the grounds for forfeiture of their office and for that purpose shall have power to subpoena witnesses, administer oaths and require the production of evidence. A member charged with conduct constituting grounds for forfeiture of office shall be entitled to a public hearing on demand. Decisions made by the council under this section shall be subject to review by the courts.
[R.O. 2011; Approved by electorate, November 3, 1981]
The council may make investigations into the affairs of the City and the conduct of any City department, office or agency and for this purpose may subpoena witnesses, administer oaths, take testimony and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in the exercise of these powers by the council shall be guilty of a misdemeanor and punished as may be prescribed by ordinance.
[R.O. 2011; Approved by electorate, November 3, 1981]
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 who have no personal interest, direct or indirect, in the fiscal affairs of the City government or any of its officers. A copy of the report prepared by the certified public accountant or firm of such accountants shall be kept in the City Clerk's office and shall be open to public inspection.
[R.O. 2011; Approved by electorate, November 3, 1981]
The City council shall have power, as provided by law, to levy taxes for the operation of public parks and recreation grounds and facilities, and such taxes shall replace the special tax heretofore levied for parks under authority of RSMo § 90.500, 1978 and the power to levy such special tax shall cease upon the adoption of this charter. All revenues derived from the taxes hereafter levied for the operation of public parks and recreation grounds and facilities shall be deposited with the director of finance and be subject to disbursement solely for use of the parks and recreational grounds and facilities and in the same manner as is provided for the disbursement of other funds of the City.
[R.O. 2011; Ord. 06-206 approved by electorate, November 7, 2006]
The administration of the oath of office of a Council member may be made by any person authorized by law to administer oaths.