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City of Osage Beach, MO
Camden County
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Table of Contents
Table of Contents
[R.O. 2006 §110.110; Code 1975 §24.010; CC 1985 §2-46; Ord. No. 86.15 §§1 — 3, 7-10-1986; Ord. No. 16.74 §1, 10-6-2016; Ord. No. 20.84, 1-7-2021; Ord. No. 23.84, 12-7-2023]
The Board of Aldermen shall meet in regular session in the council room of the City Hall at the hour of 5:30 P.M. on the first and third Thursdays of each month. When any such meeting day is a holiday, the regular meeting shall be held at such time as may be provided by the Board. The Board may, by motion, dispense with any regular meeting, but at least one (1) meeting, regular or special, must be held in each calendar month. A videoconference meeting or any meeting in which some or all members participate through videoconference, held pursuant to Section 110.300, shall count as a regular public meeting.
[R.O. 2006 §110.120; Code 1975 §24.020; CC 1985 §2-47]
Special meetings may be called by the Mayor or by any two (2) members of the Board of Aldermen by written request filed with the City Clerk, who shall thereupon prepare a notice of such special meeting, stating time, place and object thereof, which notice shall be served personally upon each member of the Board or left at his/her usual place of residence at least twenty-four (24) hours before the time of the meeting. It shall also be the duty of the City Clerk, immediately upon receipt of the request for the meeting, to make diligent effort to notify each member of the Board in person, either by telephone or otherwise, of such special session and comply with the notice provision of Chapter 610, RSMo.
[Ord. No. 20.84, 1-7-2021]
A. 
Policy Statement. It is the intention of the City to utilize videoconference technology in connection with meetings of the Board of Aldermen for the following purposes:
1. 
To expand the opportunities of the citizens and members of the public to access Board meetings as those meetings are happening and to observe the Board of Aldermen during the public meetings;
2. 
The primary purpose of attendance by videoconference connection is to accommodate the Board of Aldermen and allow meetings to occur when circumstances would otherwise prevent the physical attendance of a member or members of the Board;
3. 
To ensure that members of the public have access to the public hearing opportunities for land use, budget, water and sewer fees and all other matters where required by State Statute;
4. 
To ensure that members of the public may access the meeting online and make comments within the public comment period under reasonable terms and conditions consistent with the Board performing its functions;
5. 
A further purpose of attendance by videoconference is to ensure that all members may participate in business of the public governmental body that is an emergency or highly important in nature and arose so quickly as to make attendance at a regular meeting practically impossible.
B. 
Definitions.
VIDEOCONFERENCE or VIDEOCONFERENCING
A means of communication where at least one (1) member of a public government body participates in the public meeting via an electronic connection made up of three (3) components;
1. 
A live video transmission of the member of the public governmental body not in physical attendance;
2. 
A live audio transmission allowing the member of the public governmental body not in physical attendance to be heard by those in physical attendance; and
3. 
A live audio transmission allowing the member of the public governmental body not in physical attendance to hear those in physical attendance at a meeting.
C. 
Interruption In Transmission.
1. 
If at any time during a meeting one (1) or more of the elements of a videoconference becomes compromised or if any participants are unable to see, hear, or fully communicate, then the videoconference participant is deemed immediately absent, and this absence should be reflected in the minutes.
2. 
A videoconference participant's absence may compromise a quorum in which case the applicable Missouri laws shall take effect regarding a broken quorum.
3. 
Any elected official for whom transmission has lost video but for which audio continues may continue to participate in the meeting, except that no elected official shall vote via videoconference unless both audio and video connections are present and fully functional at the time of their vote. All matters put to a vote shall be decided immediately upon the end of the roll call, and no votes may be held open or delayed because of transmission difficulties.
D. 
Use Of Videoconference Attendance. A member of the Board of Aldermen shall not attend more than four (4) meetings via videoconference in a rolling twelve-month period, unless excused by the Mayor. This Section shall not apply to any meeting in which a majority of the members of the Board of Aldermen participate through videoconference as defined in Section 110.125(B).
E. 
Members of the Board of Aldermen and the Mayor must appear personally for swearing in before taking their offices.
F. 
Physical Location. Members of the public may participate in a public meeting of the Board of Aldermen via videoconference under the following terms and conditions:
1. 
Public hearing or comments required by statutes shall be heard and reflected in the minutes as if made in a physically present meeting. Members of the public shall have the opportunity to make comment on any matter for which a public hearing is required by law, in person or through videoconference for a period of three (3) minutes, or more when permitted by the Mayor. The Mayor shall have the authority to terminate any public comment offered in person or via videoconference after three (3) minutes.
2. 
Citizen Comments. Members of the public shall have the opportunity to make comment on any matter in person or through videoconference for a period of three (3) minutes, or more when permitted by the Mayor. The Mayor shall have the authority to terminate any public comment offered in person or via videoconference after three (3) minutes.
3. 
The members of the public wishing to attend a meeting, and elected officials not participating via videoconferencing of a meeting, shall participate at the physical location where meetings of the Board of Aldermen are typically held, or as provided in a notice provided in accordance with the Sunshine Law.
4. 
The communication equipment at the physical location of the meeting must allow for all meeting attendees and members of the public to see, hear, and fully communicate with the videoconferencing participant.
G. 
Voting.
1. 
Aldermen Physically Present. Members of the Board of Aldermen attending a public meeting in person are deemed present for purposes of participating in the meeting upon responding in the affirmative to the roll call for attendance at the beginning of the meeting, or when they later announce their presence. They may then vote in all voice and roll call votes.
2. 
Aldermen Not Physically Present. Aldermen attending a public meeting of the Board of Aldermen via videoconference are deemed present for purposes of participating in the meeting when they respond in the affirmative to the roll call for attendance at the beginning of the meeting or later announce their presence. Such Aldermen may then participate in a voice or roll call vote to the same effect as Aldermen in physical attendance.
H. 
If any component of the videoconference communication fails during the meeting, the member attending the meeting by videoconference whose connection failed shall be deemed absent immediately upon such failure, and if the Board was in the act of voting, the voting shall stop until all of the components of videoconference attendance are again restored and the videoconference participant's presence is again noted in the minutes.
I. 
Closed Meetings. No Aldermen may participate in any closed session by videoconference or other electronic means.
J. 
Minutes. The minutes of any meeting, whether in open or in closed session, should reflect the member, if any, participating via videoconference; the members in physical attendance; and which members, if any, who are absent.
K. 
Emergency Meetings. If emergency circumstances create impossibility for the Aldermen or Mayor to physically attend a meeting of the Board, the Board of Aldermen may meet and, if necessary, vote by videoconference. All such meetings shall be conducted in accordance with Chapter 610 of the Revised Statutes of Missouri.
[R.O. 2006 §110.130; Code 1975 §24.020; CC 1985 §2-48]
All adjourned meetings of the Board shall, to all intents and purposes, be continuations of the meetings of which they are adjournments, and the same proceedings may be had at such adjourned meetings as at the meeting of which they are adjournments. The City Clerk shall make a diligent effort to notify those members of the mass media who customarily attend meetings of the Board of Aldermen of the special session, in the same manner as described above. Failure to comply with the requirements of this Section shall not invalidate any action taken at a special meeting of the Board of Aldermen.
[R.O. 2006 §110.140; Code 1975 §24.110; CC 1985 §2-49]
All meetings of the Board of Aldermen shall be open to the public, except when permitted by law the Board of Aldermen may hold a closed meeting. All meetings of the Board of Aldermen shall be conducted pursuant to the requirements of Chapter 610, RSMo.
[R.O. 2006 §110.150; Code 1975 §24.030; CC 1985 §2-50]
A quorum of the Board of Aldermen shall consist of a majority of the members elected to the Board, including vacancies.
[R.O. 2006 §110.160; Code 1975 §24.040; CC 1985 §2-51; Ord. No. 20.84, 1-7-2021]
In case that a lesser number than a quorum shall convene at a regular or special meeting of the Board of Aldermen, the Mayor is authorized to direct the Chief of Police or other City Officer to send for and compel the attendance of any or all absent members upon such terms and conditions and at such time as such majority of the members present shall agree. Members attending via videoconference pursuant to Section 110.125 shall count as part of the quorum so long as the video and audio links joining the member to the meeting are functional.
[R.O. 2006 §110.170; Code 1975 §24.055; CC 1985 §2-28]
The Board of Aldermen shall elect one (1) of their own number who shall be styled "Acting President of the Board of Aldermen" and who shall serve for a term of one (1) year.
[R.O. 2006 §110.180; Code 1975 §24.060; CC 1985 §2-29]
When any vacancy shall happen in the office of Mayor by death, resignation, removal from the City, removal from office, refusal to qualify or from any other cause whatever, the Acting President of the Board of Aldermen shall, for the time being, perform the duties of Mayor, with all the rights, privileges, powers and jurisdiction of the Mayor, until such vacancy is filled or such disability is removed; or, in case of temporary absence, until the Mayor's return.
[R.O. 2006 §110.190; Code 1975 §24.180; CC 1985 §2-30]
The Board of Aldermen may by resolution prescribe and enforce such rules as it may find necessary for the expeditious transaction of its business, but such rules shall not contravene the requirements of any ordinance.
[R.O. 2006 §110.200; Code 1975 §§24.150, 24.170; CC 1985 §2-32]
The Board of Aldermen shall cause to be kept a journal of its proceedings, and the "ayes" and "nays" shall be entered on any question at the request of any two (2) members.
[R.O. 2006 §110.210; Code 1975 §24.080; CC 1985 §2-52; Ord. No. 20.84, 1-7-2021]
No member of the Board of Aldermen may leave the council chamber while in regular or special session without permission from the Presiding Officer. For members attending via videoconference, this Section shall not apply.
[1]
Editor's Note: Former Section 110.220, Rules of Order, was repealed 2-2-2023 by Ord. No. 23.02. See now Article IV, Section 110.300, et seq., of this Chapter.
[R.O. 2006 §110.230; Code 1975 §§24.120, 24.140; CC 1985 §2-54; Ord. No. 11.56 §§1 — 2, 11-3-2011]
A. 
All ordinances and resolutions shall be introduced either by members of the Board of Aldermen in written form with the name of the Alderman introducing the same endorsed thereon, the City Administrator or the department heads with the approval of the City Administrator. All proposed ordinances shall be prepared by the City Attorney or bear his/her certification that they are in correct form. A copy thereof shall be sent to each member of the Board of Aldermen in advance of the meeting, to which copy shall be attached a brief resume of the bill together with the reasons for the introduction thereof (as prepared by the proponent thereof), and if any amendment of an existing ordinance is proposed, the nature of the change sought to be made. Failure to follow this procedure shall not invalidate any ordinance or resolution adopted by the Board of Aldermen.
B. 
Any bill shall be subject to amendment until the vote upon final passage.
[R.O. 2006 §110.240; CC 1985 §2-55; Ord. No. 88.16 §1, 8-18-1988]
No ordinance shall be passed except by bill, and no bill shall become an ordinance unless, on its final passage, a majority of the members elected to the Board of Aldermen shall vote for it, and the "ayes" and "nays" be entered on the journal. Every proposed ordinance shall be introduced to the Board of Aldermen in writing and shall be read by title or in full two (2) times prior to passage; both readings may occur at a single meeting of the Board of Aldermen. If the proposed ordinance is read by title only, copies of the proposed ordinance shall be made available for public inspection prior to the time the bill is under consideration by the Board of Aldermen. No bill shall become an ordinance until it shall have been signed by the Mayor or person exercising the duties of the Mayor's office, or shall have been passed over the Mayor's veto, as herein provided.
[R.O. 2006 §110.250; Code 1975 §21.290; CC 1985 §2-56]
A. 
Every bill duly passed by the Board of Aldermen and presented to the Mayor and by him/her approved shall become an ordinance, and every bill presented as aforesaid, but returned with the Mayor's objections thereto, shall stand reconsidered. The Board of Aldermen shall cause the objections of the Mayor to be entered at large upon the journal, and proceed at its convenience to consider the question pending, which shall be in this form: "Shall the bill pass, the objections of the Mayor thereto notwithstanding?" The vote on this question shall be taken by "ayes" and "nays" and the names entered upon the journal, and if two-thirds (2/3) of all the members elect shall vote in the affirmative, the City Clerk shall certify the fact on the roll, and the bill thus certified shall be deposited with the proper officer, and shall become an ordinance in the same manner and with like effect as if it had received the approval of the Mayor.
B. 
The Mayor shall have power to sign or veto any ordinance passed by the Board of Aldermen; provided, that should he/she neglect or refuse to sign any ordinance and return the same with his/her objections, in writing, at the next regular meeting of the Board of Aldermen, the same shall become a law without his/her signature.
[R.O. 2006 §110.260; Code 1975 §24.075; CC 1985 §2-57; Ord. No. 20.84, 1-7-2021]
Every member of the Board of Aldermen shall vote upon every question. A member may abstain from voting only after disclosure, to be recorded in the minutes, of the actual or potential conflict of interest.
[R.O. 2006 §110.270; Code 1975 §24.100; CC 1985 §2-58]
Any member of the Board of Aldermen shall have the right to express dissent from or protest against any ordinance or resolution of the Board and to have the reason therefor entered upon the journal. Such dissent or protest must be filed in writing and presented to the Board not later than the next regular meeting following the date of the passage of the ordinance or resolution to which objection is taken.
[R.O. 2006 §110.280; Code 1975 §24.190; CC 1985 §2-31]
The Board of Aldermen shall have power to compel the attendance of witnesses and the production of papers and records relating to any subject under consideration in which the interest of the City is involved, and shall have the power to call on the proper officers of the City, or of the County, to execute such process. The officer making such service shall be allowed to receive therefor such fees as are allowed by law in the Circuit Court for similar services, to be paid by the City. The Mayor or Acting President of the Board of Aldermen shall have power to administer oaths to witnesses.
[R.O. 2006 §110.290; Ord. No. 00.07 §1, 2-17-2000; Ord. No. 05.21 §2, 6-2-2005; Ord. No. 08.19 §1, 9-18-2008; Ord. No. 23.80,[1] 11-16-2023]
A. 
The Mayor and Board of Aldermen shall receive retirement benefits, health, dental, and vision benefits, and 125 Medical Reimbursement, in the same manner as offered to full-time employees as applicable by law, as they become qualified under the law.
B. 
The Mayor shall receive compensation in the amount of ten thousand dollars ($10,000.00) per year plus two hundred dollars ($200.00) per meeting. Board of Aldermen members shall receive compensation in the amount of four thousand eight hundred dollars ($4,800.00) per year plus one hundred fifty dollars ($150.00) per meeting.
[1]
Editor's Note: After passage by the Board of Aldermen this ordinance as it affects this Section will be in full force and effect as each term is renewed following the municipal elections.