[CC 1989 §2-51; Ord. No. 6774 §§1—2, 2-27-1995; Ord. No. 6839 §4, 9-9-1996; Fax No. 4 §115.010, 10-19-06]
A. 
In accordance with Section 77.400, RSMo., the "officers" of the City shall include and be limited to the following persons having an annual salary or definite term of office: Mayor, Municipal Judge, Collector, Treasurer, City Administrator, Community Services Director, Police Chief, Fire Chief and City Clerk.
B. 
The following officer shall be elected by the voters of the City: Mayor.
C. 
At the first (1st) regular meeting of the City Council after a general election at which time the Mayor is elected, the Mayor shall, with the consent of a majority of all the members elected to the City Council, appoint the following officers who shall serve for a term of four (4) years: Collector, Treasurer and Municipal Judge.
D. 
If an elective office is changed by ordinance to an appointive office, the appointment shall occur at the next regular Council meeting after the effective date of the ordinance or as soon thereafter as practicable.
E. 
The attorney for the City shall be appointed by the Mayor, with the consent of a majority of all members elected to the City Council, and shall serve at the pleasure of the Mayor and Council.
F. 
Pursuant to Section 77.046, RSMo., provided the City has appointed a City Administrator, all other officers and employees of the City shall be employed and discharged, at will, by the City Administrator with the Mayor and City Council's consent and shall not serve a specific term of office or employment.
[1]
Editor's Note—Section 115.020 "mayor may veto resolutions and orders" was deleted prior to adoption of this code in its entirety with no provisions for replacement. This information can be found in section 110.300 of this code. At the editor's discretion, this section has been reserved for the city's future use.
[CC 1989 §2-53; Ord. No. 6774 §§1—2, 2-27-1995]
At the first (1st) regular meeting of the City Council after any general election, election for Council member or any special election, the persons holding certificates of election to any elective office in the City shall present their certificates of election, accompanied with their oath of office, whereupon they shall be entitled to their seats; but no person shall hold or exercise the duties of any office under the general laws governing Cities of the Third Class, this Code or other ordinance of the City until he/she shall have fully complied with every requirement with reference thereto.
[CC 1989 §2-54; Ord. No. 6774 §§1—2, 2-27-1995]
Every officer of the City and his/her assistants and every Council member, 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 or Municipal Judge, that he/she possesses all the qualifications prescribed for his/her office by law, and that he/she will support the Constitution of the United States and of the State of Missouri, the provisions of all laws of this State affecting Cities of the Third Class, and the provisions of this Code and other ordinances of the City and faithfully demean himself/herself in office, which official oath or affirmation shall be filed with the City Clerk.
[CC 1989 §2-55; Ord. No. 6774 §§1—2, 2-27-1995]
A. 
Each officer mentioned in this Section, and each other officer when so required by State law, this Code or other 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 in such sum and with such corporate sureties as shall be approved by the City Council, conditioned for the faithful performance of his/her duty, that he/she will pay over all money belonging to the City, as provided by law, that may come into his/her hands, and that he/she will, at the expiration of his/her term of office, turn over to his/her successor in office, or to the proper officer of the City, all money, books, papers and property of whatever nature belonging to the City in his/her custody.
B. 
Pursuant to Subsection (A) of this Section the City Council hereby requires that the officers named in this Subsection shall give bond, with corporate surety by an insurance or bonding company authorized to do business in this State, in amount as follows: City Collector, twenty-five hundred dollars ($2,500.00); City Treasurer, five thousand dollars ($5,000.00); and Mayor and City Clerk, one thousand dollars ($1,000.00).
C. 
The bonds of all officers and employees, after being duly approved by the Mayor and City Council, shall be filed with the City Clerk and shall be safely kept by him/her.
D. 
The City Council is hereby authorized in lieu of the above provisions to provide for the blanket bonding or insuring against loss from all City Officers and employees, including members and employees of City boards and commissions, who in the course of official duty at any time have possession or custody of money, securities or negotiable instruments due or belonging to the City, in an amount not less than twenty-five thousand dollars ($25,000.00) and conditioned as provided in Subsection (A) of this Section; and any officer or employee covered by such bond or insurance need not be bonded individually.
[CC 1989 §2-56; Ord. No. 6774 §§1—2, 2-27-1995]
A. 
The attorney for the City shall examine all official bonds or insurance certificates and, when satisfied as to their form, shall present them to the Mayor promptly.
B. 
The Mayor shall examine all official bonds or insurance certificates presented to him/her, and when satisfied that they are in all respects sufficient, he/she shall approve them, subject to the approval of the City Council. Such approval shall be in writing, endorsed and signed by the Mayor; and whenever during the term of such officer the Mayor shall become satisfied that the surety on the bond or insurance coverage of such officer has from any cause become impaired, he/she shall require such officer to give additional security forthwith; and if such officer shall fail, neglect or refuse to give additional security, it shall be the duty of the Mayor, with the consent of the City Council, to remove such officer and take the necessary and proper steps for filling the vacancy caused thereby.
[CC 1989 §2-57; Ord. No. 6774 §§1—2, 2-27-1995]
If any person elected or appointed to any office shall fail to take and subscribe the oath or affirmation, or to give bond if by this Article required, his/her office shall be deemed vacant. For any breach of condition of any such bond or policy, suit may be instituted thereon by the City, or by any person in the name of the City, for use of such person. If the person nominated or appointed fails to take the oath or give bond at the next scheduled Council meeting or special meeting called for such purpose following the person's election or appointment, but has made written request of the Council for additional time to do so, the Council may grant an extension of time, provided that such extension shall not exceed thirty (30) days.
[CC 1989 §2-58; Ord. No. 6774 §§1—2, 2-27-1995]
The Mayor shall sign the commissions and appointments of all officers elected or appointed in the City and shall cause the City Clerk to attest the same and affix the Seal of the City thereto.
[CC 1989 §2-59; Ord. No. 6774 §§1—2, 2-27-1995]
All officers and employees of the City shall cooperate with and provide to the budget officer such information and such records as he/she shall require in developing the budget.
[CC 1989 §2-60; Ord. No. 6774 §§1—2, 2-27-1995]
It shall be unlawful for any officer to fail or refuse to make any report required by State law, this Code or other ordinance or whenever required to do so by the Mayor or City Council, and such failure or refusal shall be considered good cause for his/her removal from office.
[CC 1989 §2-61; Ord. No. 6774 §§1—2, 2-27-1995]
A. 
Any failure on the part of any City Officer to pay into the Treasury of the City the balance reported by the Mayor or the Auditing Committee to be due from him/her to the City upon the adjustment of his/her account shall cause a forfeiture of his/her office, and such balance shall bear interest at nine percent (9%) per annum from the time it should have been accounted for until it shall have been paid into the Treasury. The Mayor shall immediately order suit to be commenced in the proper court against the delinquent officer or his/her bondsmen or insurer for such balance.
B. 
It shall be the duty of the officers of the City to report annually to the City Council, which report shall embrace a full statement of the receipts and expenditures of their respective offices, and such other matters as may by the Council be required.
[CC 1989 §2-62; Ord. No. 6774 §§1—2, 2-27-1995]
Any officer, employee or person desiring to resign his/her office or employment under the City shall do so in writing. Each resignation shall be addressed to the Mayor and City Council, and may be placed in the hands of the Mayor or City Clerk, and shall be submitted to the City Council at the first (1st) meeting after it is received. The City Council shall immediately take action thereon, and no office or position shall be deemed vacant until such resignation has been duly accepted by the City Council.
[CC 1989 §2-63; Ord. No. 6774 §§1—2, 2-27-1995]
A. 
The Mayor may, with the consent of a majority of all the members elected to the City Council, remove from office, for cause shown, any elected officer of the City, such elected officer being first given the opportunity, together with his/her witnesses, to be heard before the Council sitting as a court of impeachment. Any elected officer may, in like manner, for cause shown, be removed from office by two-thirds (2/3) vote of all members elected to the City Council, independently of the Mayor's approval or recommendation. The Mayor may, with the consent of a majority of all the members elected to the Council, remove from office any appointive officer of the City at will; and any such appointive officer may be so removed by a two-thirds (2/3) vote of all the members elected to the Council, independently of the Mayor's approval or recommendation. The Council may pass ordinances regulating the manner of impeachment and removals.
B. 
Suspension from office shall be effected by an order filed by the Mayor in the office of the City Clerk, accompanied by a statement of the charges upon which the suspension is founded, a copy of which shall be forthwith made by the City Clerk and delivered to the Mayor's designee who shall forthwith deliver it to the officer suspended; and it shall be unlawful for any City Officer during suspension from office to attempt to perform any official duty.
C. 
Whenever any elected officer shall have been suspended as provided in this Section, the Mayor shall lay such charges before the City Council at its first (1st) meeting after such charges are made; and the Council shall without unnecessary delay proceed to investigate such charges upon a day to be by them fixed. The City Clerk shall thereon make out a certified copy of such charges together with a notice of the day fixed by the Council for hearing thereon, which certified copy and notice shall be served upon the suspended officer in the usual manner provided by law for serving legal papers.
D. 
Upon the day fixed by the City Council to hear evidence on charges preferred against a suspended officer, the Council shall proceed, according to such rules as they may adopt to hear the evidence against and in favor of the accused, adjourning from time to time as may be necessary until they hear all pertinent evidence which is available.
E. 
Upon any such trial, the accused shall be entitled to be heard by himself/herself, or by counsel in his/her defense, and the City Attorney, or the person acting as such, shall attend the trial and prosecute on behalf of the City.
F. 
Within three (3) days after the evidence shall have been taken, the City Council shall vote by "ayes" and "nays" upon the charges separately. The question upon each charge shall be: "Is the accused guilty?" If the Council by a majority vote of all the members elected finds the accused guilty of the charges, such elected officer shall by a resolution be removed from office and his/her office be declared vacant, and the Mayor shall thereupon cause such vacancy to be filled as provided in this Article.
[CC 1989 §2-64; Ord. No. 6774 §§1—2, 2-27-1995]
The City Administrator shall have the authority to suspend without pay, demote or discharge for misbehavior, inefficiency or incompetency any of the appointed officers or employees of the City.
[CC 1989 §2-65; Ord. No. 6774 §§1—2, 2-27-1995]
A. 
If a vacancy occurs in any elective office other than that of Mayor, the Mayor or the person exercising the office of the Mayor shall recommend a person to fill the vacancy. The Council shall approve the person recommended by the Mayor. The successor shall serve until the next regular election.
B. 
If a vacancy occurs in any office not elective, the Mayor shall appoint a suitable person to discharge the duties of such until the first (1st) regular meeting of the City Council thereafter, at which time such vacancy shall be permanently filled.
[CC 1989 §2-66; Ord. No. 6774 §§1—2, 2-27-1995]
It shall be the duty of each City Officer to keep carefully and neatly all books, papers and property belonging to his/her office and at the expiration of his/her term of office to deliver them in good order to his/her successor in office.
[CC 1989 §2-67; Ord. No. 6774 §§1—2, 2-27-1995]
Each City Officer shall receive from his/her predecessor in office all books, papers and other property belonging to the City and appertaining to his/her office, giving duplicate receipts therefor, one (1) of which he/she shall file in the office of the City Clerk.