[R.O. 2006 §115.010; Code 1975 §21.100; CC 1985
§2-76; Ord. No. 98.33 §1, 8-20-1998; Ord. No. 13.57 §1, 9-19-2013; Ord.
No. 23.31, 5-4-2023]
[R.O. 2006 §115.020; Ord. No. 98.33 §3(2-19), 8-20-1998; Ord. No. 07.19 §1, 5-17-2007]
[R.O. 2006 §115.030; Code 1975 §§21.020, 21.130;
CC 1985 §2-80]
Every officer of the City and his/her assistants, and every
Alderman, 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, or the City Clerk, 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 this State affecting Cities of the fourth
class, and the ordinances of the City and faithfully demean himself/herself
while in office. Each official oath or affirmation shall be filed
with the City Clerk. If any person elected or appointed to any office
shall fail to take and subscribe such oath or affirmation as herein
required, his/her office shall be deemed vacant.
[R.O. 2006 §115.040; Code 1975 §§21.020, 21.130;
CC 1985 §2-81]
Every officer of the City, when required by law or ordinance,
shall, within fifteen (15) days after his/her appointment or election,
and before entering upon the discharge of the duties of his/her office,
give bond to the City in the amount as specified by ordinance, except
that the bond of the City Collector shall be ten thousand dollars
($10,000.00) and the bond of the City Treasurer shall be twenty thousand
dollars ($20,000.00), conditioned upon the faithful performance of
his/her duty, 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 give bond
as herein required, his/her office shall be deemed vacant. For any
breach of condition of any such bond, suit may be instituted thereon
by the City, or by any person in the name of the City to the use of
such person.
[R.O. 2006 §115.050; Code 1975 §§21.140, 21.420(2);
CC 1985 §2-82]
Upon filing of the oath of office and approval of bond, when
bond is required, the City Clerk shall deliver to the person elected
or appointed a commission signed by the Mayor, and under the Seal
of the City, duly countersigned by the Clerk, authorizing the person
therein named to discharge the duties of the office therein named
for the term for which he/she was appointed or elected.
[R.O. 2006 §115.060; Code 1975 §21.150; CC 1985
§2-83; Ord. No. 23.31, 5-4-2023]
The Board of Aldermen shall have the power to fix the compensation
of all officers or employees of the City by ordinance. The salary
of an elected officer or any person appointed to an elected office
shall not be changed until the following election term starts.
[R.O. 2006 §115.070; CC 1985 §2-84]
The duties, powers and privileges of officers of every character
in any way connected with the City Government, not herein defined,
shall be prescribed by ordinance.
[R.O. 2006 §115.080; CC 1985 §2-85]
It shall be the duty of all the officers of the City to report
annually to the Board of Aldermen, such reports to embrace a full
statement of the receipts and expenditures of their respective offices,
and such other matters as may be required by the Board of Aldermen,
by ordinance, resolution or otherwise.
[R.O. 2006 §115.090; CC 1985 §2-86]
The Mayor or Board of Aldermen shall have power, as often as
he/she or they may deem it necessary, to require any officer of the
City to exhibit his/her accounts or other papers or records, and to
make report to the Board of Aldermen, in writing, touching any matter
relating to his/her office.
[R.O. 2006 §115.100; CC 1985 §2-88]
Any member of the Board of Aldermen or officer of the City who
shall, in 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 or under color
of a contract or agreement not authorized by law and the ordinances
of the City, shall be deemed guilty of an offense, and shall, upon
conviction thereof, be punished by imprisonment in the County Jail
for not more than ninety (90) days or by a fine not exceeding five
hundred dollars ($500.00), or by both such fine and imprisonment.
[R.O. 2006 §115.110]
If a vacancy occurs in any elective office, the Mayor or the
person exercising the duties of the Mayor shall cause a special meeting
of the Board of Aldermen to convene where a successor to the vacant
office shall be selected by appointment by the Mayor with the advice
and consent of a majority of the remaining members of the Board of
Aldermen. If the vacancy is in the office of Mayor, nominations of
a successor may be made by any member of the Board of Aldermen and
selected with the consent of a majority of the members of the Board
of Aldermen. The Board of Aldermen may adopt procedures to fill vacancies
consistent with this Section. The successor shall serve until the
next regular municipal election. If a vacancy occurs in any office
not elective, the Mayor shall appoint a suitable person to discharge
the duties of such office until the first (1st) regular meeting of
the Board of Aldermen thereafter, at which time such vacancy shall
be permanently filled.
[R.O. 2006 §115.120; CC 1985 §2-90; Ord. No. 98.33 §2, 8-20-1998]
A.
The
Mayor may, with the consent of a majority of all the members elected
to the Board of Aldermen, remove from office, for cause shown, any
elective officer of the City, such officer being first given opportunity,
together with his/her witnesses, to be heard before the Board of Aldermen
sitting as a Board of Impeachment. Any elective officer, including
the Mayor, may in like manner, for cause shown, be removed from office
by a two-thirds (2/3) vote of all members elected to the Board of
Aldermen, independently of the Mayor's approval or recommendation.
B.
The
Mayor may, with the consent of the majority of all the members elected
to the Board of Aldermen, remove from office any appointive officer
of the City at will, excepting the Police Chief and City Clerk. Any
such appointive officer, excepting the Police Chief, may be so removed
by a two-thirds (2/3) vote of all the members elected to the Board
of Aldermen, independently of the Mayor's approval or recommendation.
[Ord. No. 23.31, 5-4-2023]
C.
The
Board of Aldermen may by resolution adopt rules of procedure regulating
the manner of impeachments and removals.
D.
If
for any reason an officer of the City is not subject to impeachment
under the terms of this Section, he/she may be subject to removal
in accordance with the provisions of Section 106.220, RSMo., et seq.
E.
Termination Of Police Chief. Termination of the
Police Chief shall be subject to the following definitions and procedure:
[Ord. No. 14.09
§ 1, 4-3-2014; Ord. No. 23.31, 5-4-2023]
1.
CHIEF
JUST CAUSE
a.
b.
c.
d.
e.
f.
Definitions. For
the purposes of this Subsection, the following terms shall mean:
The Police Chief appointed pursuant to Section 200.030 of this Code.
Exists when a Chief:
Is unable to perform his or her duties with reasonable competence
or reasonable safety as a result of a mental condition, including
alcohol or substance abuse;
Has committed any act, while engaged in the performance of his
or her duties, that constitutes a reckless disregard for the safety
of the public or another Law Enforcement Officer;
Has caused a material fact to be misrepresented for any improper
or unlawful purpose;
Acts in a manner for the sole purpose of furthering his or her
self-interest or in a manner inconsistent with the interests of the
public or the City;
Has been found to have violated any law, statute, or ordinance
which constitutes a felony; or
Has been deemed insubordinate or found to be in violation of
a written established policy, unless such claimed insubordination
or violation of a written established policy was a violation of any
Federal or State law or local ordinance.
2.
Procedure.
a.
A Chief shall be subject to removal from office or employment
if:
(1)
The Board of Aldermen issues a written notice to
the Chief no fewer than ten (10) business days prior to the meeting
at which his or her removal will be considered;
(2)
The Chief has been given written notice as to the
Board of Aldermen's intent to remove him or her. Such notice shall
include:
(3)
The Chief is given an opportunity to be heard before
the Board of Aldermen, together with any witnesses, evidence and counsel
of his or her choosing; and
(4)
The Board of Aldermen, by two-thirds majority vote,
finds just cause for removing the Chief.
b.
Upon the satisfaction of the removal procedure under Subsection
3 of this Section, the Chief shall be immediately removed from his
or her office, shall be relieved of all duties and responsibilities
of said office, and shall be entitled to no further compensation or
benefits not already earned, accrued, or agreed upon.
c.
After removal the Chief shall be issued a written notice of
the grounds of his or her removal within fourteen (14) calendar days
of the removal.
[R.O. 2006 §115.130; Ord. No. 98.33 §4(2-92), 8-20-1998]
In the event of termination of an appointed officer under Section 115.120(B), 115.120(D) or 115.160 of the Code of Ordinances, the Board of Aldermen may make provisions for the continuation of medical coverage, under the provisions of the health insurance as provided to appointed officers, for up to three (3) months. Additionally, the Board may make provisions for the payment of a severance amount equal to three (3) months regular salary. These provisions shall be continued upon confidentiality provisions or other conditions as deemed appropriate by the Board of Aldermen.
[Ord. No. 10.30 §1, 6-21-2010]
All City Officers and Officials, elected or appointed by the authority of the Code of Ordinances of this City and the laws of this State, who have not submitted their resignations or been removed from office pursuant to legal process or Section 115.120 of this Code, shall hold their offices until their successors are elected or appointed, commissioned and qualified.
