All legislative powers of the County shall be vested in the
County Council.
The County Council shall consist of seven (7) Council members.
One (1) Council member shall be nominated and elected, in a partisan
election, by the voters in each of the seven (7) Council districts.
To be eligible to hold a position of Council member, a person
must be:
2.301.
A registered voter in St. Charles County at the time of filing;
and
2.302.
A resident of the County for the twenty-four (24) months preceding
the general election; and
2.303.
A resident of the district at the time of filing, for the twelve
(12) months preceding the general election and during the entire term
of office; and
2.304.
At least twenty-one (21) years of age.
Council members shall be elected by the registered voters of
the respective districts for a four (4) year term or until a successor
is duly elected and qualified. The Council members from even-numbered
districts shall be elected at the November 3, 1992, election and every
four (4) years hereafter. At the November 3, 1992, election Council
members from odd-numbered districts shall be elected and serve for
initial two (2) year terms. Beginning in 1994, Council members from
odd-numbered districts shall be elected every four (4) years to serve
for four (4) year terms. The terms of Council members shall begin
the first (1st) day of January after their election.
The County Council shall have the power, pursuant to and in
conformity with applicable law, and without limiting the generality
of the powers vested in the County by this Charter, to:
2.501.
Exercise all legislative powers now or hereafter conferred upon
Counties, County Courts, County Commissions, County Governing Bodies
and County Officers by applicable law, and to determine and make provision
for any matter of County Government not otherwise provided for herein,
including any matter involved in the transition to the form of Government
provided by this Charter; and
2.502.
Exercise and perform any and all powers of a non-legislative
nature which it may possess and any and all other duties which it
may need to or be required to perform by applicable law; and
2.503.
Approve or disapprove, within fifteen (15) days after notice
is filed with the Registrar, the appointment of all directors, commissioners,
and heads of departments as well as members, boards or commissions
who are appointed by the County Executive; and
2.503.1.
If not approved or disapproved within fifteen
(15) days, the appointment is deemed approved; and
2.504.
Disapprove, within thirty (30) days after notice is filed with
the Registrar, orders of the Executive that create, consolidate, abolish
or reorganize departments; and
2.505.
Limit the number of deputies, assistants and employees in each
office, department, board and commission; set the compensation of
members of boards and commissions and of all County Officers and employees,
whether or not this Charter fixes any such compensation. The compensation
of the elective officers shall be fixed at least nine (9) months prior
to the election of such officers and shall not be increased or diminished
during their term of office; and
2.506.
Establish a pension and retirement plan, including death benefits,
for employees of the County and the spouses and minor children of
deceased employees; and
2.507.
Create, organize, consolidate, and abolish departments, divisions,
bureaus, commissions, boards and offices, and transfer functions and
duties from one department to another, but only upon recommendation
of the County Executive, except as specified elsewhere in this Charter;
and
2.508.
Employ financial, research, legal, technical or other advisors,
consultants, or lobbyists as deemed advisable; and
2.509.
Call elections to submit to the voters propositions for the
issuance of bonds of the County incurring indebtedness to provide
funds for purposes authorized by applicable law; call elections for
any lawful purpose; establish election procedures not inconsistent
with applicable law; and
2.510.
Appropriate money for the payment of debts and expenses of the
County for any public purpose; adopt an annual budget in accordance
with the terms of this Charter; and
2.511.
Correct errors in assessment records and tax records and compromise
taxes as provided by applicable law; and
2.512.
Assess, levy, equalize, remit, and collect all taxes now or
hereafter authorized for counties by the Constitution or by applicable
law and prescribe a method or system to facilitate the assessment,
calculation, extension and collection of taxes including the design
of books and forms and the purchase and installation of necessary
mechanical devices; and to contract with Cities, Towns, or Villages
to assess, equalize, remit, and collect their taxes; and
2.513.
Establish and collect fees for licenses, permits, inspections
and services performed by County Officers and employees; require all
fees to be accounted for and paid into the County Treasury; and
2.514.
Within the unincorporated area of the County, license, tax,
and regulate all businesses, occupations, professions, vocations,
activities, or things whatsoever set forth and enumerated by the Constitution
or by applicable law; and within the incorporated areas of the County,
license and tax all businesses, occupations, professions, vocations,
activities, or things whatsoever set forth and enumerated by the Constitution
or by applicable law, and to regulate those businesses, occupations,
professions, vocations, activities, or things with the consent of
the Governing Body of the affected City, Town or Village. Nothing
in this Charter shall preempt the power of any local government to
license, tax, and regulate in accordance with the Constitution and
the applicable law; and
2.515.
Establish uniform procedures governing purchases of and contracts
for property and services, all of which shall be based upon bidding
procedures established by ordinance; and
2.516.
Acquire in the name of the County by condemnation, purchase,
gift, donation or otherwise, real and personal property, in fee simple
title, or any estate or interest therein; exercise all the rights
and powers of eminent domain and, upon condemnation and payment therefor,
cause the fee simple title to such property to vest in the County;
acquire by eminent domain such property or rights in property, together
with any grants and privileges in excess of that actually to be occupied
by the public improvement, or used in connection therewith, as may
be reasonably necessary to effectuate the purpose intended and cause
the fee simple title to such property or the control of the use thereof
to be vested in the County; and
2.517.
Rent or lease County properties and rent or lease other property
for County use; and
2.518.
Dispose of any real property owned by the County, including,
but not limited to, property acquired by condemnation as excess property,
to the highest and best bidder by open and public competition unless
made to a former or abutting owner or to the United States or any
of its agencies or to the State or any of its political subdivisions;
and authorize County Officers to dispose of personal property upon
terms advantageous to the County; and
2.519.
Borrow money in anticipation of the collection of taxes and
revenues for the current calendar year but not in excess of ninety
percent (90%) of the estimated collectible taxes and revenues for
such year yet uncollected; determine the amount and terms of such
loans, and authorize the County Executive to execute and issue negotiable
instruments of the County for all money borrowed to the lenders thereof
as evidence of such loans and of the terms of the County's obligation
to repay the same; and
2.520.
Take and hold property in trust and provide for the administration
thereof; and
2.521.
Grant franchises or permits in the name of the County for periods
not longer than twenty (20) years; and
2.522.
Acquire, establish, construct, equip, improve, extend, repair,
maintain, manage, and operate public hospitals, health centers, institutions,
clinics and correctional facilities; and
2.523.
Acquire, establish and provide for the planning, development,
construction, maintenance and operation of a system of parks, parkways,
recreation, conservation, forest, scenic and historic sites and facilities;
and to propose and establish reasonable charges for the use of the
facilities therein; and
2.524.
Establish, open, locate, relocate, and vacate public easements,
rights-of-way, streets, alleys, public roads, highways and bridges;
construct, reconstruct, maintain and repair County highways, streets,
roads, sidewalks, bridges and culverts; and when so determined by
the Council, to levy the cost thereof as a special assessment on all
lots or pieces of ground abutting such improvements in proportion
to some reasonable standard relating thereto; and
2.525.
Provide for the location, relocation and establishment of County
highways and bridges into and through County and other public parks,
areas, reservations and institutions, and for connecting such highways
with the County highway system; and construct and maintain such highways
and bridges; and
2.526.
Adopt by reference, with or without modification, codes, standards,
or regulations prepared by a national technical trade or service association,
the State, or any of its agencies, or the United States or any of
its agencies, relating to traffic, building, planning, electrical
installations, fire prevention, food products, air and water pollution,
and all other subjects which the County has power to regulate, provided
that a copy of every such Code, standard or regulation as adopted
and in effect shall be kept in the Registrar's office and open to
public inspection; and
2.527.
Provide for the collection and disposal of wastes generated
in the unincorporated areas of the County and cooperate and contract
with other jurisdictions situated in the County to the extent such
authority is granted to such jurisdictions by applicable law; and
2.528.
Cooperate or join by contract or otherwise with any City, County,
State or political subdivision or agency thereof, or with the United
States or any agency thereof, for the planning, development, construction,
acquisition or operation of any public improvement or facility, or
for a common service; and accept, in the name of the County, gifts,
devises, bequests, and grants-in-aid from any City, County, State
or political subdivision or agency thereof, or from the United States
or any agency thereof; and
2.529.
Exercise legislative power pertaining to public health and welfare,
Police and traffic, building construction, and planning and zoning,
in the part of the County outside incorporated Cities, Towns, and
Villages, and on such other subjects as may be authorized by the Constitution
or by applicable law; and
2.530.
Make such rules and regulations as may be necessary or proper
to establish and carry into effect the provisions of this Charter
and provide for their enforcement; and
2.531.
Establish procedures for the conduct of investigations by the
Council or any of its committees of any question or matter on which
the Council may by applicable law take action, including, but not
by way of limitation, the power to issue subpoenas for witnesses and
subpoenas duces tecum for books, records and documents; provide penalties
for the failure to answer any subpoena or subpoena duces tecum; provide
for the service of said subpoenas or subpoenas duces tecum by any
officer charged with the service of process; subpoena witnesses and
order the production of books and papers relating to any subject matter
within its jurisdiction. The Council may call upon the appropriate
officer to execute its process and to arrest any person refusing to
obey such subpoena or order. Each day a person shall refuse to obey
such subpoena or order shall be a separate offense; and
2.532.
Provide for disaster planning and civil defense as required
by applicable law or deemed appropriate for the County; and
2.533.
Provide for a County-wide Master Plan for the development of
the County. This Plan shall set forth policy regarding the social,
governmental, economic and physical development of the County. It
will include recommendations for the most desirable use of land within
the County for residential, recreational, agricultural, commercial,
industrial and other purposes; for the most desirable density of population
in the several parts of the County; for a system of principal thoroughfares,
highways, streets and other public ways; for airports, parks, playgrounds
and other public open spaces; for the general location, relocation
and improvement of public buildings; for the general location and
extent of public utilities and terminals for water, sewerage, light,
power, transit and other purposes, whether publicly or privately owned;
for adequate drainage facilities and control; and for such other matters
as may be beneficial to the County. The County-wide Master Plan shall
contain a statement of the objectives, standards and principles sought
to be embodied therein. The Plan shall be based on studies of physical,
social, economic and governmental conditions and trends. It shall
be designed to assure the coordinated development of the County and
to promote the general welfare and prosperity of its people. For the
purpose of providing a complete source of information to residents
of the County, appendices dealing with topics for which the County
exerts no jurisdictional authority such as education, city growth
boundaries, etc., may be included in the County-wide Master Plan.
The County shall publish these appendices only if developed by the
organizations that exercise the jurisdictional authority for the applicable
area(s). The County shall provide written notice of the development
of a new or amended master plan to any political subdivision of the
state known to be operational within the County and invite their submission
of an appendix. Such appendices shall not contain direction affecting
the operation or provision of County services. The Plan and the elements
thereof approved by the County Council shall be printed and made available
upon request at a cost fixed by the County Council. The County Council
shall, from time to time, review the County-wide Master Plan in order
to assure that the Plan conforms to the existing goals and policies
of St. Charles County. This initial review shall occur by December
31, 1996; later reviews shall occur by June 30, 2003, and thereafter
not less frequently than once every five (5) years; and[1]
[1]
Editor's Note—In November, 2012, the voters agreed to
amend these provisions.
2.534.
Establish a County Municipal Court with jurisdiction to hear
and determine cases involving violations of this Charter and ordinances
of the County, as provided by applicable law; and
2.535.
Make all necessary and proper provisions for carrying into execution
the foregoing powers directly or by and through County officers and
employees; provide for any matter involved in the transition from
the preceding form of government to this Charter.
2.601.
Bills and resolutions shall be introduced by a member or members
of the County Council or by the County Council as a whole. Each shall
be in written or printed form, and shall be read aloud in its entirety
the first time, or if more than two (2) pages in length, the first
reading may be by title only if written copies are made available
to the public through the Registrar's office at least thirty-six (36)
hours prior to the time scheduled for the first reading. Before passage
and thereafter, the bill may be referred to by title for the second
reading and final passage. The enacting clause of all ordinances shall
be "BE IT ORDAINED BY THE COUNTY COUNCIL OF SAINT CHARLES COUNTY,
MISSOURI."
2.602.
An affirmative vote of a majority of the County Council shall
be necessary to pass any bill or resolution. No final vote by the
County Council shall be taken until the expiration of at least ten
(10) calendar days from the time that such bill was first introduced.
A bill which has been introduced may be amended after introduction
and prior to its final passage, but any amendment must be germane
to the original purpose of the bill. No section or sections of any
ordinance shall be amended unless the section or sections amended
shall be set forth in full as amended. Upon the final passage of any
bill or any resolution, and on any other question, the yeas or nays
of each member shall be entered on the journal of the County Council.
All bills, ordinances, resolutions, orders, journals and proceedings
of the County Council shall be public records, and available for public
inspection.
2.603.
The County Council shall specify the effective date of each
ordinance, which may be any time after the approval by the County
Executive.
2.603.1.
No ordinance providing a penalty for violation
shall be effective sooner than thirty (30) days after publication
of the title of same, and the location for where the ordinance may
be viewed in its entirety at a location within the County, in a legal
publication, or in a newspaper of general circulation in St. Charles
County; publication of the ordinance in full on the web site of the
County and posting of the ordinance in full in six (6) public places.[1]
[1]
Editor's Note—In November, 2012, the voters agreed to
amend these provisions.
2.603.2.
All ordinances containing a penal provision
shall specify whether the enforcement shall be the responsibility
of the County Counselor or the Prosecuting Attorney.
2.604.
All bills passed by the County Council shall within three (3)
working days, be presented to the County Executive. If the County
Executive approves the bill and signs it, the ordinance shall be deemed
enacted.
2.604.1.
If not so approved and signed, the bill shall
be returned with objections to the County Council. The Council shall
enter the objections on its journal and proceed to take a vote to
override it within thirty (30) days after the veto. No bill shall
be revived or reenacted by mere reference to the title, but the same
shall be set forth at length.[2]
[2]
Editor's Note—In November, 2012, the voters agreed to
amend these provisions.
2.604.2.
In the case of bills appropriating money,
the County Executive may veto one (1) or more items or portions of
items while approving other portions, in which case the approved items
or portions shall take effect and items or portions vetoed shall be
reconsidered separately.
2.604.3.
After such reconsideration, two-thirds (2/3)
of the Council members of the County Council may pass the ordinance
over the objection of the County Executive. It shall be in this form:
"Shall the bill pass, the objections of the County Executive notwithstanding?"
Two-thirds (2/3) of the entire County Council shall be required to
override a veto. In all such cases, the "yeas" and "nays" of each
member shall be recorded in the journal of the County Council.
2.604.4.
Any bill not returned by the County Executive
within ten (10) working days after it shall have been so presented
shall be deemed approved, as if signed.
2.605.
To meet a public emergency affecting the immediate preservation
of the public peace, health, safety and welfare, the Council may adopt
emergency ordinances. An emergency bill shall be introduced in the
form and manner prescribed for ordinances. It shall be plainly designated
as an emergency bill and shall contain in the body of the bill a declaration
that an emergency exists. It shall set forth the facts in clear and
specific terms to support the declaration. If at least two-thirds
(2/3) of all Council members vote in the affirmative, the ordinance
shall take effect immediately upon its enactment. But, if there is
only a majority vote in the affirmative, it shall take effect immediately
after it is signed by the County Executive.
The annual salary of the members of the County Council for the
years 1993 and 1994 shall be set at six thousand dollars ($6,000.00),
payable in twelve (12) monthly installments. For two (2) year terms
beginning after December 13, 1994, the salary may be set by the preceding
Council and must be set at least nine (9) months prior to the start
of the applicable two (2) year period. The annual salary of the members
of the County Council will be set by ordinance, which shall also provide
for the schedule on which such salary is paid. No ordinance increasing
such salary shall become effective until the date of commencement
of the terms of Council members elected at the next regular election.
The members of the County Council shall not be required to devote
full time to the Council. The members of the County Council shall
not receive an expense allowance; however, they shall be reimbursed
by the County for their lawful, actual, and necessary expenses, as
defined by ordinance, incurred in the performance of their legally
required duties of office. Expenses must be supported by invoices,
receipts or other evidence showing the nature and purpose of the expenses.
The Council shall annually determine the maximum expenses for which
any member may be reimbursed in the ensuing term.
2.801.
The County Council shall, at its first (1st) meeting in January
each year, elect from among its Council members, officers of the Council
who shall have the titles of Chair and Vice-Chair of the Council.
Each shall serve at the pleasure of the Council.
2.802.
The Chair shall preside at meetings of the Council; have a voice
and vote on all questions before it; and have authority to.
2.803.
The Vice-Chair shall perform these functions in the Chair's
absence.
2.901.
Meetings. The Council shall meet regularly
at such times and places as the Council may prescribe by rule. Special
meetings may be held on the call of the Chair or of five (5) or more
Council members. These shall be called on no less than twenty-four
(24) hours' notice to each Council member. Emergency meetings may
be held as provided by the Missouri Open Meeting Law in effect at
the time. All meetings shall be open to the public except as prescribed
by applicable law.
2.902.
Quorum. A majority of the Council shall constitute
a quorum for its business.
2.903.
Rules and Journal. The County Council shall
determine its own rules and shall provide for keeping a journal of
its proceedings. This journal shall be a public record.
2.1001.
The office of a Council member shall become vacant upon the
member's death, resignation, removal from office or forfeiture of
office in any manner authorized by applicable law.
2.1002.
2.1003.
A vacancy on the County Council shall be filled by the County
Executive subject to approval by the Council. The person selected
shall be a member of the same political party as the previous occupant
(if so affiliated). He shall hold office until January first (1st),
following the next general election at which a successor shall be
elected for the unexpired or full term as the case may be.[2]
[2]
Editor's Note—In November, 2012, the voters agreed to
amend these provisions.
2.1101.
Following each decennial census, there shall be a Redistricting
Commission consisting of six (6) members. Six (6) members shall be
nominated by each of the Chairmen of the two (2) political parties
which received the most votes for Governor at the last gubernatorial
election. The County Executive shall select three (3) names from each
list to serve on the Commission. The Redistricting Commission may
require agencies of County Government to provide technical assistance.
This Redistricting Commission shall have a budget as provided by the
County Council.
2.1102.
The duties of the Redistricting Commission are to establish
seven (7) districts that shall be compact, of contiguous territory,
and shall not vary more than five percent (5%) from the average population
for all County Council districts, according to figures available from
the most recent decennial census.
2.1103.
Starting in 2001 and every ten (10) years thereafter, the Redistricting
Commission shall meet when the data from the preceding year's decennial
census becomes available, but no later than June first (1st), to initiate
its duties. It shall complete its duties before December thirty-first
(31st) of that same year. By September fifteenth (15th) and upon twenty
(20) days' published notice, the Redistricting Commission shall present
its redistricting plan to the County Council which shall have ten
(10) days after presentation to vote approval or disapproval by vote
of the majority of Council members. If the County Council fails to
approve this initial plan, it shall return the plan to the Redistricting
Commission with the objections of individual members of the Council.
The meeting at which the presentation is made to the County Council
shall be a public hearing in which the public may participate. If
the initial plan is not approved, a second (2nd) plan shall be submitted
by November thirtieth (30th) with the same procedure, but disapproval
shall require a two-thirds (2/3) vote of the members of the County
Council. Disapproval of the second (2nd) submission shall cause the
Redistricting Commission to file a petition in its name by December
thirty-first (31st) with the Circuit Court of St. Charles County to
determine if the second (2nd) plan meets the requirements of Paragraph
2.1102.
2.1104.
Council districts in 1992 and until 2001 shall be established
as shown and described in Appendix A of this Charter.
2.1201.
Holding Other Office. Except where authorized
by applicable law, no Council member shall hold any other elected
public office during the term for which the member was elected to
the Council. No Council member shall hold any other County office
or employment with the County during the terms for which the member
was elected to the Council.
No former Council member shall hold any compensated appointive
office or employment with the County until one (1) year after the
expiration of the term for which the member was elected to the Council.
Nothing in this Section shall be construed to prohibit the Council
from selecting any current or former Council member to represent the
County on the governing boards of any regional or other intergovernmental
agency.
2.1202.
Appointments and Removals. Except for the Auditor,
neither the County Council nor any of its Council members shall in
any manner control or demand the appointment or removal of any County
administrative officer, elected or appointed, or any County employee.
The Council may express its views and freely discuss with the County
Executive anything pertaining to appointment and removal of such officers
and employees.
2.1203.
Interference With Administration. Except for
the purpose of inquiries and investigations, the County Council shall
deal with County officers and employees who are subject to the direction
and supervision of the County Executive solely through the County
Executive. Neither the Council nor its members shall give orders to
any such officer or employee, either publicly or privately.
