[R.O. 2011; Approved by electorate, November 3, 1981; Amending
Ord. 06-206 approved by electorate, November 7, 2006; Amending Ord.
03-333 approved by electorate on April 6, 2004, to be effective on
April 3, 2007 Mayoral Election]
Within 12 months after the adoption of this charter, the council
shall adopt by ordinance an administrative code providing a complete
plan of organization and structure for the City government. The administrative
code may authorize the mayor to promulgate regulations dealing with
questions of organization and structure. The administrative code and
any regulations adopted shall be approved by ordinance and consistent
with this charter.
The administrative code shall provide for at least the following
departments: Finance Department, Public Works Department, Fire Department,
Police Department, Department of Law, and the following boards and
commissions: Board of Adjustment, Planning and Zoning Commission,
Parks and Recreation Board, and Police and Fire Personnel Board. Additional
departments, boards, and commissions may be created by ordinance.
Nothing in this charter shall prevent the council from combining the
police and fire departments into a Department of Public Safety.
All boards and commissions shall have such powers and perform
such duties as are prescribed by law or by charter, and if not so
prescribed, then such as shall be prescribed by ordinance.
[1]
Cross Reference--As to administration, see Title I of the
Municipal Code.
[R.O. 2011; Approved by electorate, November 3, 1981; Amending
Ord. 01-3 approved by electorate, April 3, 2001; Amending Ord. 06-201
approved by electorate, November 11, 2006]
The parks and recreation board shall be appointed by the mayor
with the approval of the City council. The board shall consist of
nine members chosen from the residents of the City at large who shall
be over twenty-one (21) years of age and with other qualifications
as may be established by ordinance. No member of the City government
shall be a parks and recreation board member. Members shall serve
three-year terms, with three appointments expiring each year. An appointment
to fill a vacancy shall be made only for the unexpired vacant term.
Members shall serve until a successor has been appointed, approved
and sworn in. The Mayor shall appoint a member to the parks and recreation
board within thirty days after the expiration of a current member's
term or sixty days after a vacancy and shall continue to propose alternative
members for appointment every forty-five days after City council action
thereon until a member is approved by the City council. Nothing contained
in this provision shall limit the number of terms which may be served
by any member. Members may be removed during their term by either
the mayor with the approval of the council or by a four-fifths (4/5)
majority vote of the entire council.
All taxes collected from the tax for parks and recreation noted in Section 3.15 of this charter; all revenues received from the general operation of parks and recreation grounds, facilities and programs; any bond issue proceeds, donations, grant monies, Metropolitan Park and Recreation District sales tax distributed by St. Charles County in the form of grant revenue sharing funds, and non-designated allocations from other City funds which are designated for park and recreation purposes; and the interest earned from any fund balances resulting therefrom shall be used solely for the purposes of parks, recreation and related facilities as the budget and capital improvement plan is exclusively approved and/or amended by the parks and recreation board for the sources of taxes and revenues described in this section; notwithstanding Article VIII of this charter. The parks and recreation board shall review and consider any modifications to the parks and recreation budget and capital improvement program that may be recommended by the Mayor, Council or City Administrator during their procedural roles as described within Article VIII of this charter; however, the ultimate approval of all such expenditures shall remain with the parks and recreation board.
The director and assistant director of parks and recreation shall be appointed and may be disciplined, including but not limited to removal, by a majority of the entire Parks and Recreation Board. The parks and recreation board shall set the compensation for the director and assistant director and all other persons employed by the parks and recreation department. The board may authorize other positions necessary for the operation of the parks and recreation department and may appoint and discipline, including but not limited to removal, persons in those positions, or may delegate the authority to appoint and discipline. The manner of appointments or discipline shall be governed by the personnel code as provided in Section 7.9 of this charter, to the extent that the personnel code is consistent with this section. The parks and recreation board shall direct and supervise the administration of the parks and recreation department.
The parks and recreation board shall have the authority to purchase
and to approve contracts for services, materials, supplies and equipment
necessary for the operations of the parks and recreation department.
The acquisition, improvement, transfer, exchange, lease from or to
others, and the disposal of park land or the facilities thereon shall
not be done without the approval of the parks and recreation board.
The parks and recreation board shall make and adopt such bylaws,
policies, rules and regulations for its own guidance and for the government
of the parks and of the recreation programs of the City. The terms
of this Section shall supersede and prevail over any and all conflicting
language contained in this Charter.
[R.O. 2011; Approved by electorate, November 3, 1981]
The head of the department of finance shall be the director
of finance. The director of finance shall have knowledge of municipal
accounting and taxation, and shall have experience in budgeting and
financial control.
[R.O. 2011; Approved by electorate, November 3, 1981; Amending
Ord. 03-333 approved by electorate on April 6, 2004, to be effective
on April 3, 2007 Mayoral Election]
Subject to the executive power of the mayor, the director of
finance shall have charge of the administration of financial affairs
of the City, and to that end the director of finance shall have authority
and be required to:
(a)
Accounting System. Maintain a general accounting
system for the City and each of its departments and offices; exercise
financial control over the same; keep such books and records and submit
such financial statements to the mayor and the council as they may
require.
(b)
Forms. Prescribe the forms of all financial records,
receipts, vouchers, bills and claims used by all departments and offices
of the City.
(c)
Disbursement Of Monies. Supervise and be responsible
for the disbursement of all monies of the City, and have control over
all expenditures to insure that they are proper and that appropriations
are not exceeded.
(d)
Expenditures. Certify, before any contract, order,
or other document is executed by which the City would incur financial
obligation, that the expenditure is within the purpose of the appropriation
and the work program contemplated thereby, and that there is a sufficient
unencumbered balance in the appropriation account and in the proper
fund to pay the obligation.
(e)
Approve Payments. Preaudit and approve before payment
all bills, invoices, payrolls, and other evidences of claims against
the City, and draw and sign checks for the payment of all such valid
claims, with countersignature by the mayor.
(f)
Audit Accounts. Inspect and audit any accounts or
records of financial transactions which may be maintained in the director
of finance's department and in any other department or office of the
City.
(g)
Collect Revenues. Collect or provide for the collection
of all taxes, special assessments, license fees, and other revenues
or monies due the City from any source whatsoever; and receive from
the various departments and offices all fees, revenues, and monies
collected by them.
(h)
Treasurer. Serve as treasurer for the City, and
deposit all funds coming into the director of finance's custody in
such depositories as may be designated by the City council. All such
funds shall be secured in accordance with law and ordinance.
(i)
Investments. Make and have custody of all investments
of the City, including those held in a fiduciary capacity, under such
regulations as the council may prescribe.
(j)
Budget. Compile the information required for preparing
the budget, and assist the mayor in its preparation.
(k)
Assessment Of Taxable Property. Arrange for the
assessment of all taxable property within the City in the manner provided
by the council and in accordance with law.
(l)
Other Duties. Perform such other duties as may be
prescribed by the mayor.
[R.O. 2011; Approved by electorate, November 3, 1981; Amending
Ord. 92-68 approved by electorate, August 4, 1992; Amending Ord. 06-206
approved by electorate, November 7, 2006; Amending Ord. 03-333 approved
by electorate on April 6, 2004, to be effective on April 3, 2007 Mayoral
Election]
There shall be a purchasing agent, who may be the mayor or someone
appointed by the mayor. Pursuant to regulations established by ordinance,
the purchasing agent shall contract for, purchase, store, and distribute
all services, supplies, materials, and equipment required by any department
or office of the City, except boards and commissions which may be
exempt by law from such regulations.
The council may establish regulations under which the purchase
of designated materials and equipment may be exempt from central purchasing
regulations.
[R.O. 2011; Approved by electorate, November 3, 1981; Amending
Ord. 99-33 approved by electorate, April 6, 1999; Amending Ord. 03-333
approved by electorate on April 6, 2004, to be effective on April
3, 2007 Mayoral Election]
There shall be a department of law, the head of which shall
be known as the City Attorney. A City Attorney shall be appointed
by the mayor with the consent of a majority of the entire council.
The City Attorney may be removed by executive order of the mayor with
the approval of a majority vote of the entire council, or by three-fourths
vote of the entire City council on its own initiative. The City Attorney
shall be a licensed member of the bar of this state and shall have
been in active practice for at least five years. The City Attorney
shall receive compensation as determined by ordinance.
[R.O. 2011; Approved by electorate, November 3, 1981; Amending
Ord. 03-333 approved by electorate on April 6, 2004, to be effective
on April 3, 2007 Mayoral Election]
The City Attorney shall represent the City in all legal matters
in which it is a party, or is interested. The City Attorney shall
advise the council, any committee or member thereof, the mayor, the
director of administration, department heads, and the boards and commissions
concerning any legal questions affecting the City's interest, and
shall perform such other legal services as may be requested by the
council. The City Attorney shall prosecute and defend all actions
originating or pending before the municipal court.
[R.O. 2011; Approved by electorate, November 3, 1981]
The City council shall have the power to employ special legal
counsel as it deems necessary. The compensation of special counsel
shall be determined by the City council.
[R.O. 2011; Approved by electorate, November 3, 1981; Amending
Ord. 03-333 approved by electorate on April 6. 2004, to be effective
on April 3, 2007 Mayoral Election]
Within 12 months after the adoption of this charter, the council
shall adopt by ordinance a personnel code providing a comprehensive
personnel system for City officers and employees. The personnel code
shall provide that all appointments and promotions of classified City
employees shall be made solely on the basis of merit and fitness demonstrated
by examination or other evidence of competence. The personnel code
may authorize the mayor or a personnel board, if one be established,
to promulgate regulations dealing with personnel matters. The personnel
code and any regulations promulgated pursuant thereto shall be consistent
with this charter.
