[Ord. No. 2 §1, 2-11-1963; Ord. No. 384 §1, 10-4-1973]
A general election for the elective officers of the City of Lake Tapawingo, Missouri, shall be held on the first Tuesday in April, 1963, and every year thereafter. At said election there shall be elected a Mayor, who shall hold office for the term of two years and until his/her successors are elected and qualified. Two (2) Aldermen shall also be elected from each ward by the qualified voters thereof at the first election. At such election for Aldermen, the person receiving the highest number of votes in each ward shall hold his/her office for two years, and the person receiving the next highest number of votes shall hold his/her office for one year; but thereafter each ward shall elect annually one Alderman, who shall hold his/her office for two years, and until his/her successor is elected and qualified.
[Ord. No. 2 §3, 2-11-1963]
The Mayor, with the consent and approval of the majority of the members of the Board of Aldermen, shall have power to appoint a City Collector, Chief of Police, Treasurer, City Attorney, City Assessor, and such other officers as he/she may be authorized by ordinance to appoint, and if deemed necessary for the best interests of the City, the Mayor and Board of Aldermen may, by ordinance, employ a Special Counsel to represent the City, either in a case of a vacancy in the office of City Attorney or to assist the City Attorney, and pay reasonable compensation therefor.
[Ord. No. 973, 4-6-2017]
All persons holding or that may hold positions under the City Government other than those set forth in Sections 115.010 and 115.020 are hereby declared to be employees. Employees may only be hired or fired upon approval by the Board of Aldermen.
All officers elected to offices or appointed to fill a vacancy in any elective office under the City Government shall be voters under the laws and Constitution of this State and the ordinances of the City except that appointed officers need not be voters of the City. No person shall be elected or appointed to any office who shall at the time be in arrears for any unpaid City taxes, or forfeiture or defalcation in office. All officers, except appointed officers, shall be residents of the City.
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 of Missouri, 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; which official oath or affirmation shall be filed with the City Clerk. Every officer of the corporation, 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 such sum and with such sureties as may be designated by ordinance, 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 take and subscribe such oath or affirmation, or 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.
[Ord. No. 2 §10, 2-11-1963]
Within fifteen (15) days after the result of any City election for City Officers has been declared, such duly elected officers shall meet and qualify as hereinafter provided for, and at such meeting the Board of Aldermen so elected shall elect an Acting President of the Board to act in the absence of the Mayor as a presiding officer of the Board; and all officers, other than the Mayor and Aldermen, shall duly qualify unless further time be given by an order of record by such newly organized Board.
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. 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.
[Ord. No. 2 §12, 2-11-1963]
Any person elected or appointed to any City Office, who shall fail to take and subscribe and file the oath or affirmation as required by these ordinances or execute or file the bond required within the time and manner as may be fixed by ordinance, his/her office shall be deemed vacant.
[Ord. No. 2.1 §13, 2-4-1971]
No candidate shall have his/her name printed upon any official ballot at any election unless a written declaration shall be filed by the candidate, by personally appearing in the office of the City Clerk in the City Hall during office hours and within the time for filing prescribed by the published election rules, stating his/her full name, residence and ward number and the office for which he/she proposes for election, that if elected to such office he/she will qualify.
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. The Mayor may, with the consent of a majority of all the members elected to the Board of Aldermen, 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 Board of Aldermen, independently of the Mayor's approval or recommendation. The Board of Aldermen may pass ordinances regulating the manner of impeachments and removals.
[Ord. No. 973, 4-6-2017]
A. 
For the purposes of this Section, the following terms shall mean:
CHIEF
The Chief of Police appointed pursuant to Sections 115.020 and 200.030 of the City Code.
JUST CAUSE
Exists when a chief:
1. 
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;
2. 
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;
3. 
Has caused a material fact to be misrepresented for any improper or unlawful purpose;
4. 
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 chief's governing body;
5. 
Has been found to have violated any law, statute, or ordinance which constitutes a felony; or
6. 
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.
B. 
A chief shall be subject to removal from office or employment by the Board of Aldermen if:
1. 
The Board of Aldermen issues a written notice to the chief whose removal is being sought 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:
a. 
Charges specifying just cause for which removal is sought;
b. 
A statement of facts that are alleged to constitute just cause for the chief's removal; and
c. 
The date, time, and location of the meeting at which the chief's removal will be considered;
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 (2/3) majority vote, finds just cause for removing the chief.
C. 
Upon the satisfaction of the removal procedure under Subsection (B) 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.
D. 
Any chief removed pursuant to Subsection (C) of this Section shall be issued a written notice of the grounds of his or her removal within fourteen (14) calendar days of the removal.