St. Charles County, MO Article IV County Officers and Departments

Section 4.100 Assessor.

4.101. Selection.

4.101.1. The Assessor shall be elected for a two (2) year term at the general election of 1992. The Assessor shall assume the office on September 1, 1993, following certification of election to office.

4.101.2. In April, 1993, the voters will decide whether to retain this as an elected position with a four (4) year term beginning September 1, 1995, or to convert it to an appointed position within a Department of Finance.

4.102. Vacancy. A vacancy in the elective office of Assessor shall be filled by the County Executive subject to approval by the Council. The person appointed shall be a member of the same political party as the previous occupant (if so affiliated) and shall hold office until the next general election at which time a successor shall be elected for the unexpired or full term as the case may be.

4.103. Powers and Duties.

4.103.1. The Assessor shall possess and exercise all powers and duties now or hereafter given to that office for a County of the First Class by applicable law except for powers or duties removed or assigned to other offices pursuant to the provisions of this Charter.

4.103.2. The Assessor shall operate the office within the guidelines of the County personnel policy and purchasing policy.

4.103.3. The Assessor shall account for and deposit, in accordance with applicable law, all fees, commissions, penalties, or other funds payable to this office.

4.104. Qualifications. To serve as Assessor a person:

4.104.1. Must be a registered voter in St. Charles County who shall have resided in St. Charles County for a period of not less than two (2) years immediately prior to the general election; and

4.104.2. Shall not, at the time of assuming office, and during the term in office, hold any other remunerative office with the United States, the State of Missouri, St. Charles County, or any political subdivision of the State. This Subparagraph shall not apply to membership in the military forces of the United States, the State militia, or notaries public; and

4.104.3. Shall take an oath or affirmation to support the Constitution of the United States and the Constitution of the State of Missouri, to abide by this Charter and to faithfully perform all of the duties of the office; and

4.104.4. Shall complete all training for Assessors that the laws of the State of Missouri authorize for Assessors in any non-charter County, whenever such training is offered by the State of Missouri itself or by one of its agencies or subdivisions; and shall furnish a certificate of completion of such training to the County Executive.

4.105. Salary/Fees. The salary of the Assessor shall for the two (2) year term beginning September 1, 1993, remain the same as is being paid to him on April 6, 1992. The salary of the Assessor shall be fixed by ordinance. The salary, if the position remains elective, for the four (4) year term beginning September 1, 1995, shall be fixed by the County Council prior to February 1, 1994, and every four (4) years thereafter for ensuing terms. The salary, should the position be appointed, shall be fixed as part of the annual budget ordinance. Such salary shall be paid to the Assessor in lieu of all fees, commissions, penalties, charges or other money due to or receivable by such officer, deputy or assistant or the office. Salary, mileage, travel, and other actual and necessary expenses incurred by the Assessor shall be reimbursed as provided by ordinance.

Section 4.200 Auditor.

4.201. Selection. The Auditor shall be appointed by the County Council to a four (4) year term beginning January 1, 1995, and every four (4) years thereafter.

4.202. Vacancy. A vacancy in the office of Auditor shall be filled by the County Council.

4.203. Powers and Duties.

4.203.1. The Auditor shall possess and exercise all of the powers and duties given to that office for a County of the First Class having a Charter form of Government by applicable law except for those removed or assigned to other offices pursuant to the provisions of this Charter.

4.203.2. The Auditor shall operate the office within the guidelines of the County personnel policy and purchasing policy.

4.203.3. The Auditor shall account for and deposit, in accordance with applicable law, all fees, commissions, penalties, and other funds payable to the office.

4.203.4. The Auditor shall be responsible for monitoring the development, implementation and maintenance of an accounting system which will meet or exceed standard accounting practices for governmental bodies.

4.203.5. The Auditor shall provide all requested information for the annual external contracted audit.

4.203.6. All officers and employees of the County shall furnish to the Auditor such information and records regarding powers, duties, activities, funding, services, organization, property, financial transactions, and methods of business in their respective offices and employments as he may from time to time require of them.

4.204. Qualifications. To serve as Auditor a person:

4.204.1. Must be a registered voter in St. Charles County; and

4.204.2. Shall not, at the time of assuming office, and during the term in office, hold any other remunerative office with the United States, the State of Missouri, St. Charles County, or any political subdivision of the State. This Subparagraph shall not apply to membership in the military forces of the United States, the State militia, or notaries public; and

4.204.3. Shall take an oath or affirmation to support the Constitution of the United States and the Constitution of the State of Missouri, to abide by this Charter and to faithfully perform all of the duties of the office; and

4.204.4. Must have the equivalent of a bachelor degree in accounting or have experience as a County Auditor.

4.205. Salary/Fees. Until December 31, 1994, the salary of the Auditor shall be the same salary being paid to him on April 6, 1992. After January 1, 1995, the salary of the Auditor shall be fixed by ordinance. The salary for the year 1995 shall be fixed by the County Council as part of the annual budget ordinance. Such salary shall be paid to the Auditor in lieu of all fees, commissions, penalties, charges or other money due to or receivable by such officer, deputy or assistant or the office. Salary, mileage, travel, and other actual and necessary expenses incurred by the Auditor shall be reimbursed as provided by ordinance.

Section 4.250 Chief of Police.

Pursuant to the authority of the Constitution of the State of Missouri as set forth at Article VI Section 18(b) the Charter of St. Charles County hereby assigns a portion of the duties of the County office of Sheriff to a County Officer who shall be known by the title "Chief of Police" and who shall be in charge of the County Police Department as set out herein, and who shall hold the rank of Colonel.

4.250.1. Selection.

4.250.1.1. To fill a vacancy in the position of Chief of Police the County Executive shall name a panel of five (5) citizens to the Chief of Police Search Committee, naming one to serve as the chair of the Committee. Each individual named to the Committee shall reside in St. Charles County and be a registered voter at the time of appointment to the Committee and throughout their service on the Committee. The appointees to the Committee shall represent the civic, law enforcement, business, and educational community in the County.

4.250.1.2. The Committee shall advertise the position of Chief of Police, and upon receipt of the applications from the Director of Human Resources shall review the applicants. From amongst the applicants that meet the qualifications for Chief of Police the Committee shall interview and recommend no less than five (5) qualified candidates to the County Executive for the position of Chief of Police.

4.250.1.3. The Chief of Police shall be appointed by the County Executive from amongst the five (5) candidates recommended by the Committee, with the approval of the County Council as set forth in Article II, Section 2.503 of the St. Charles County Charter. Once so approved, the Chief may not be removed by the County Executive unless he has the concurrence of five (5) members of the County Council entered into the records of the County during a meeting of the Council at which the County Executive is present.

4.250.1.4. The Committee shall cease to exist upon approval of the County Executive's appointment. Should the County Executive's choice not receive approval of the Council the Executive may choose a new candidate from the existing list, request a new list from the Committee or request the Committee to repost the position.

4.250.2. Qualifications. To serve as the Chief of Police, a person:

4.250.2.1. Shall be a licensed Law Enforcement Officer certifiable in a First Class County on the day of assumption of the office of Chief of Police through the Missouri Peace Officer Standards and Training Commission (POST) or eligible for licensure as a Chief of Police by that body upon appointment and confirmation; and

4.250.2.2. Shall have served in law enforcement at least fifteen (15) years, and have at least six (6) years of highly responsible management and supervisory experience; and

4.250.2.3. Shall have a degree from an accredited four (4) year institution of higher learning and have completed one (1) of the following: the Federal Bureau of Investigation National Academy program, the Northwestern School of Staff and Command, the Southern Police Institute, or a similar program of at least eight (8) weeks duration awarding a certificate of graduation. Commensurate experience may substitute for the requirement of this Section; and

4.250.2.4. Shall not at the time of assuming office, and during the term in office, hold any other remunerative office with the United States, the State of Missouri, St. Charles County or any political subdivision of the State. This Subparagraph shall not apply to membership in the military forces of the United States, the State militia, or notaries public; and

4.250.2.5. Shall take an oath or affirmation to support the Constitution of the United States and the Constitution of the State of Missouri, to abide by this Charter and to faithfully perform all of the duties of the office; and

4.250.2.6. Shall be free of any felony convictions prior to and during the term of office.

4.250.3. Duties and Responsibilities. From and after January 1, 2015, the Chief of Police shall:

4.250.3.1. Exercise and fulfill all powers and duties assigned to the office of Sheriff of a First Class County not elsewhere assigned to the St. Charles County Law Enforcement Officer having the title of "Sheriff" as set forth in Article IV, Section 4.1300 of this Charter; and

4.250.3.2. Have supervision, management and control of and responsibility for the efficient and effective administration and performance of the duties, powers and functions of suppression of crime and other appropriate law enforcement, including traffic control, in the unincorporated portions of St. Charles County invested by this Charter in the office. He and all duly authorized officers, agents and deputized representatives shall have designated powers and duties including preservation of order, prevention of crimes and misdemeanors, apprehension and arrest, conserving the peace and other Police and law enforcement functions held by the Sheriff of any County of the First Class, except those powers and duties vested in other departments or offices of the County by this Charter, including but not limited to the office of "Sheriff" or the Director of Corrections; and

4.250.3.3. Enforce the ordinances and orders of the County and have other such powers and duties as may be provided by ordinance including, but not limited to, the performance of Police duties in incorporated areas of the County under contract authorized or entered into by the Council with the Governing Body of any such incorporated area. The Chief of Police shall also have the power to deputize members of the Police Departments of the various municipalities of the County and other persons under such standards, conditions and regulations as shall be approved by ordinance; and

4.250.3.4. Serve as the Chief Law Enforcement Officer of the County; and

4.250.3.5. Serve as the Appointing Authority and head of the St. Charles County Police Department.

4.250.4. Salary. After January 1, 2015, the salary of the Chief of Police shall be fixed each year by the budget ordinance. Such salary shall be paid to the Chief in lieu of all fees, commissions, penalties, charges or other money due to or receivable by such officer, deputy or assistant or the office. Salary, mileage, travel, and other actual and necessary expenses incurred by the Chief shall be reimbursed as provided by ordinance.[1]

[1] Editor's Note—In November, 2012, the voters agreed to add these provisions.

Section 4.300 Circuit Clerk.

4.301. Selection.

4.301.1. If this is retained as an elected office, the Circuit Clerk shall be elected at the general election of 1994 and shall take office on January 1, 1995, following certification of election to office.

4.301.2. In April, 1993, the voters will decide whether to retain this position as an elected office with a four (4) year term or convert it to a position with a four (4) year term appointed by all the Circuit and Associate Circuit Judges of the 11th Judicial Circuit, meeting en banc.[1]

[1] Editor's Note—In April, 1993, the voters decided to retain this as an elective position.

4.301.3. Beginning on January 1, 2003, the Circuit Clerk shall be appointed to a four (4) year term by a majority of the Circuit and Associate Circuit Judges of the 11th Judicial Circuit, meeting en banc.

4.302. Vacancy. A vacancy in the elective office of Circuit Clerk shall be filled by the County Executive subject to approval by the Council. The person appointed 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 that time, a successor shall be elected for the unexpired or full term as the case may be.

4.303. Powers and Duties.

4.303.1. The Circuit Clerk shall possess and exercise all powers and duties now or hereafter given to that office for a County of the First Class by applicable law except for powers or duties removed or assigned to other offices pursuant to the provisions of this Charter.

4.303.2. The Circuit Clerk shall operate the office within the guidelines of the County personnel policy and purchasing policy.

4.303.3. The Circuit Clerk shall account for and deposit, in accordance with applicable law, all fees, commissions, penalties, or other funds payable to this office.

4.303.4. The Circuit Clerk shall be the Administrative Officer for the Circuit Court of the County. He shall assist the Circuit Court in the conduct of the business of the Court as the Court may request.

4.304. Qualifications. To serve as Circuit Clerk a person:

4.304.1. Must be a registered voter in St. Charles County who shall have resided in St. Charles County for a period of not less than two (2) years immediately prior to the general election or appointment; and

4.304.2. Shall not, at the time of assuming office, and during the term in office, hold any other remunerative office with the United States, the State of Missouri, St. Charles County, or any political subdivision of the State. This Subparagraph shall not apply to membership in the military forces of the United States, the State militia, or notaries public; and

4.304.3. Shall take an oath or affirmation to support the Constitution of the United States and the Constitution of the State of Missouri, to abide by this Charter and to faithfully perform all of the duties of the office; and

4.304.4. Shall complete all training for Circuit Clerks that the laws of the State of Missouri authorize for a Circuit Clerk in any non-charter County, whenever such training is offered by the State of Missouri, State Court Administrator's Office or by another appropriate State training agency; and shall furnish a certificate of completion of such training to the St. Charles County Circuit Court en banc.

4.305. Salary. Until December 31, 1994, the salary of the Circuit Clerk shall be the same salary being paid to the Recorder of Deeds on April 6, 1992. After January 1, 1995, the salary of the Circuit Clerk shall be fixed by ordinance. The salary, if the position remains elective, shall for the next four (4) year term be fixed by the County Council prior to February 1, 1994, and every four (4) years thereafter for ensuing terms. The salary, should the position be appointed, shall be stated as part of the annual budget ordinance. Such salary shall be paid to the Circuit Clerk in lieu of all fees, charges, commissions, penalties, or other money due to or receivable by such officer, deputy or assistant or the office. Salary, mileage, travel, and other actual and necessary expenses incurred by the Circuit Clerk shall be reimbursed as provided by ordinance.

Section 4.400 Collector.

4.401. Selection.

4.401.1. If it is retained as an elected office, the Collector shall be elected at the general election of 1994 and shall take office on March 1, 1995, following certification of election to office.

4.401.2. In April, 1993, the voters will decide whether to retain this as an elected position with a four (4) year term or to convert it to an appointed position within a Department of Finance.[1]

[1] Editor's Note—In April, 1993, the voters decided to retain this as an elective position.

4.402. Vacancy. A vacancy in the elective office of Collector shall be filled by the County Executive subject to approval by the Council. The person appointed shall be a member of the same political party as the previous occupant (if so affiliated). He shall hold office until March first (1st), following the next general election. At that general election, a successor shall be elected for the unexpired or full term as the case may be.

4.403. Powers and Duties.

4.403.1. The Collector shall possess and exercise all powers and duties now or hereafter given to that office for a County of the First Class by applicable law except for powers or duties removed or assigned to other offices pursuant to the provisions of this Charter.

4.403.2. The Collector shall operate the office within the guidelines of the County personnel policy and purchasing policy.

4.403.3. The Collector shall account for and deposit, in accordance with applicable law, all fees, commissions, penalties, and all other funds payable to this office.

4.404. Qualifications. To serve as Collector a person:

4.404.1. Must be a registered voter in St. Charles County who shall have resided in St. Charles County for a period of not less than two (2) years immediately prior to the general election; and

4.404.2. Shall not, at the time of assuming office, and during the term in office, hold any other remunerative office with the United States, the State of Missouri, St. Charles County, or any political subdivision of the State. This Subparagraph shall not apply to membership in the military forces of the United States, the State militia, or notaries public; and

4.404.3. Shall take an oath or affirmation to support the Constitution of the United States and the Constitution of the State of Missouri, to abide by this Charter and to faithfully perform all of the duties of the office; and

4.404.4. Shall complete all training for Collectors that the laws of the State of Missouri authorize for Collectors in any non-charter County, whenever such training is offered by the State of Missouri itself or by one of its agencies or subdivisions; and shall furnish a certificate of completion of such training to the County Executive.

4.405. Salary/Fees. The salary of the Collector for the period ending February 28, 1995, shall be the same salary being paid to him on April 6, 1992. After March 1, 1995, the salary of the County Collector shall be fixed by ordinance. The salary, if the position remains elective, shall for the four (4) year term beginning March 1, 1995, be fixed by the County Council prior to February 1, 1994, and every four (4) years thereafter for ensuing terms. The salary, should the position be appointed, shall be fixed as part of the annual budget ordinance. Such salary shall be paid the Collector in lieu of all fees, commissions, penalties, charges or other money due to or receivable by such officer, deputy or assistant or the office. Salary, mileage, travel, and other actual and necessary expenses incurred by the County Collector shall be reimbursed as provided by ordinance.

Section 4.500 Director of Elections.

4.501. Selection. The Director of Elections shall be elected at the general election in 1994, and every four (4) years thereafter. He shall take office on January first (1st), following certification of election to office. Effective January 1, 2003, the County Clerk shall be known as the Director of Elections and shall henceforth be elected in 2006 and every four (4) years thereafter.

4.502. Vacancy. A vacancy in the office of Director of Elections shall be filled by the County Executive subject to approval by the Council. The person appointed 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 that general election, a successor shall be elected for the unexpired or full term as the case may be.

4.503. Powers and Duties.

4.503.1. The Director of Elections shall possess and exercise all the powers and duties now or hereafter given to that office by applicable law except for powers and duties removed from the office and assigned to other offices pursuant to the provisions of this Charter.

4.503.2. The Director of Elections shall operate the office within the guidelines of the County personnel policy and purchasing policy.

4.503.3. The Director of Elections shall account for and deposit, in accordance with applicable law, all fees, commissions, penalties, or other funds payable to this office.

4.503.4. The Director of Elections shall serve as the election authority for St. Charles County, as prescribed by applicable law.

4.504. Qualifications. To serve as Director of Elections, a person:

4.504.1. Must be a registered voter in St. Charles County who shall have resided in St. Charles County for a period of not less than two (2) years immediately prior to the general election; and

4.504.2. Shall not at the time of assuming office, and during the term in office, hold, any other remunerative office with the United States, the State of Missouri, St. Charles County, or any political subdivision of the State. This Subparagraph shall not apply to membership in the military forces of the United States, the State militia, or notaries public; and

4.504.3. Shall take an oath or affirmation to support the Constitution of the United States and the Constitution of the State of Missouri, to abide by this Charter, and to faithfully perform all of the duties of the office; and

4.504.4. Shall complete all training for County Election Authorities that the laws of the State of Missouri authorize for County Election Authorities in any non-charter County, whenever such training is offered by the State of Missouri itself or by one of its agencies or subdivisions; and shall furnish a certificate of completion of such training to the County Executive.

4.505. Salary. The salary of the Director of Elections shall be fixed by ordinance. The salary fixed by the County Council for the County Clerk/Director of Elections prior to February 1, 2002 shall be the salary of the Director of Elections, and every four (4) years thereafter shall be set by the first (1st) day of February prior to the general election at which the Director of Elections will be elected for ensuing terms. Such salary shall be paid to the Director of Elections in lieu of all fees, charges, commissions, penalties or other money due to or receivable by such officer, deputy or assistant or the office. Salary, mileage, travel, and other actual and necessary expenses incurred by the Director of Elections shall be reimbursed as provided by ordinance.

Section 4.600 County Counselor.

4.601. Selection. The County Counselor shall be appointed by the County Executive subject to approval by the Council and shall hold office at the pleasure of the County Executive. He shall be the County's Attorney and Counselor at law. He may appoint a Deputy County Counselor and such a number of Associate and Assistant County Counselors as may be authorized by ordinance.

4.602. Power and Duties.

4.602.1. The County Counselor shall operate the office within the guidelines of the County personnel policy and purchasing policy.

4.602.2. The County Counselor shall account for and deposit, in accordance with applicable law, all fees, commissions, penalties, or other funds which are payable to the office.

4.602.3. The County Counselor shall have charge of and conduct all of the civil law business of the County, its departments, divisions, offices, officers, boards and commissions, including the authority to file an action in quo warranto.

4.602.4. The County Counselor shall institute, in the name of and on behalf of the County, all civil suits and other proceedings, at law or in equity necessary to protect the rights and interests of the County and enforce any and all rights, interests or claims against any and all persons, firms, or corporations in whatever court or jurisdiction such action may be necessary. He may also appear and interplead, answer or defend, in any proceeding or tribunal in which the County's interests are involved. He shall prosecute violations of prescribed County ordinances.

4.602.5. The County Counselor shall prepare, or approve as to form, all leases, deeds, contracts, bonds, ordinances, rules, regulations, drafts of legislation, and other instruments.

4.602.6. The County Counselor shall institute and prosecute all proceedings for the collection of delinquent taxes and licenses of every kind owing to the County.

4.602.7. The County Counselor shall, upon request, furnish legal advice and opinions to the Council, the County Executive, County Officials, and to all County boards and commissions, respecting County business.

4.602.8. Before bringing an original action or permissive counterclaim against a municipality or other political subdivision located in whole or in part in the County of St. Charles, the County Counselor shall present to the County Council a notice of his intent to bring an action. The County Counselor shall then be authorized to file such legal action unless the County Council, within twenty-one (21) days, passes a resolution against the filing of such action. The Counselor shall not file such action until such time expires unless authorized in writing by a majority of the County Council. The County Counselor may file an action without regard to this Section if it is an action authorized by Article X, Section 10.603 of the County Charter, whether in quo warranto, declaratory judgment or in other appropriate manner. At any time after the filing of an action in which the County Counselor is required to provide the Council notice, the County Council may by[1] ordinance direct the County Counselor to dismiss any pending claims.

[1] Editor's Note—The word "be" was in the original ordinance.

4.603. Qualifications. To serve as County Counselor, a person shall:

4.603.1. Shall not at the time of assuming office, and during the term in office, hold any other remunerative office with the United States, the State of Missouri, St. Charles County, or any political subdivision of the State. This Subparagraph shall not apply to membership in the military forces of the United States, the State militia, or notaries public; and

4.603.2. Shall take an oath or affirmation to support the Constitution of the United States and the Constitution of the State of Missouri, to abide by this Charter and to faithfully perform all of the duties of the office; and

4.603.3. Have been a licensed practicing attorney in Missouri for at least five (5) years; and

4.603.4. Shall not engage in the private practice of law except with regard to court appointed pro bono appointments mandated by state and federal courts; and

4.603.5. Shall establish residency in the County within one hundred twenty (120) days after assuming office.

4.604. Salary. The salary of the County Counselor shall be fixed by the County Executive as part of the annual budget ordinance, subject to approval of the County Council. Such salary shall be paid to the County Counselor in lieu of all fees, commissions, penalties, charges or other money due to or receivable by such officer, deputy or assistant or the office. Salary, mileage, travel, and other actual and necessary expenses incurred by the County Counselor shall be reimbursed as provided by ordinance.

Section 4.700 County Engineer.

4.701. Selection. The County Engineer shall be appointed by the County Executive with the approval of the County Council and shall hold office at the pleasure of the County Executive.

4.702. Powers and Duties.

4.702.1. The County Engineer shall exercise those powers and perform those duties required by applicable law to be performed by a County Surveyor or by a County Highway Engineer and such other powers and duties as may be required by ordinance.

4.702.2. The County Engineer shall operate the department within the guidelines of the County personnel policy and purchasing policy.

4.702.3. The County Engineer shall account for and deposit, in accordance with applicable law, all fees, commissions, penalties, or other funds payable to the department.

4.703. Qualifications. To serve as County Engineer, a person:

4.703.1. Shall not, at the time of assuming office, and during the term in office, hold any other remunerative office with the United States, the State of Missouri, St. Charles County, or any political subdivision of the State. This Subparagraph shall not apply to membership in the military forces of the United States, the State militia, or notaries public; and

4.703.2. Shall take an oath or affirmation to support the Constitution of the United States and the Constitution of the State of Missouri, to abide by this Charter and to faithfully perform all of the duties of the office; and

4.703.3. Shall be a registered professional engineer with at least five (5) years experience in a responsible position in highways, transportation, or traffic engineering or a combination thereof. At least three (3) years shall have been in an administrative capacity; and

4.703.4. Shall establish residency in St. Charles County within one hundred twenty (120) days after assuming office.

4.704. Salary. The salary of the County Engineer shall be fixed by the County Executive as part of the annual budget ordinance, subject to approval of the County Council. Such salary shall be paid to the County Engineer in lieu of all fees, commissions, penalties, charges or other money due to or receivable by such officer, deputy or assistant or the office. Salary, mileage, travel, and other actual and necessary expenses incurred by the County Engineer shall be reimbursed as provided by ordinance.

Section 4.800 Director of Corrections.

4.801. Selection. As of January 1, 1995, a Director of Corrections shall be appointed by the County Executive subject to approval by the County Council and shall hold office at the pleasure of the County Executive.

4.802. Powers and Duties.

4.802.1. The Director of Corrections shall operate the department within the guidelines of the County personnel policy and purchasing policy.

4.802.2. The Director of Corrections shall account for and deposit, in accordance with applicable law, all fees, commissions, penalties, or other funds payable to the department.

4.802.3. The Director of Corrections shall be responsible for the operation of the County corrections facilities, beginning January 1, 1995.

4.802.4. The Director of Corrections shall be responsible for such other duties which are assigned by applicable law or ordinance.

4.803. Qualifications. To serve as Director of Corrections a person:

4.803.1. Shall not at the time of assuming office, and during the term in office, hold any other remunerative office with the United States, the State of Missouri, St. Charles County, or any political subdivision of the State. This Subparagraph shall not apply to membership in the military forces of the United States, the State militia, or notaries public; and

4.803.2. Shall take an oath or affirmation to support the Constitution of the United States and the Constitution of the State of Missouri, to abide by this Charter and to faithfully perform all of the duties of the office; and

4.803.3. Must have at least five (5) years experience in the field of corrections or related programs; and

4.803.4. Must establish residency within the County within one hundred twenty (120) days after assuming the position.

4.804. Salary. The salary of the Director of Corrections shall be fixed by the County Executive as part of the annual budget ordinance, subject to approval by the County Council. Such salary shall be paid to the Director in lieu of all fees, commissions, penalties, charges or other money due to or receivable by such officer, deputy or assistant or the office. Salary, mileage, travel, and other actual and necessary expenses incurred by the Director shall be reimbursed as provided by ordinance.

Section 4.900 Medical Examiner.

4.901. Selection. The Medical Examiner shall be appointed by the County Executive subject to approval by the County Council. He shall hold office at the pleasure of the County Executive.

4.902. Powers and Duties.

4.902.1. The Medical Examiner shall operate the department within the guidelines of the County personnel policy and purchasing policy.

4.902.2. The Medical Examiner shall account for and deposit, in accordance with applicable law, all fees, commissions, penalties, or other funds payable to this office.

4.902.3. The Medical Examiner may, as provided by ordinance, appoint and remove medical assistants, who shall be licensed physicians; appoint investigators experienced in law enforcement, who shall be trained in forensic medical examination; and appoint other technical personnel with approval of the County Council.

4.902.4. The Medical Examiner may enter into contracts and agreements on behalf of the County with any hospital, laboratory, governmental institution or medical facility for medical services required in furtherance of his duties.

4.902.5. He shall have certain powers of investigation.

4.902.5.1. The Medical Examiner shall have power and duty to investigate the cause of violent or suspicious deaths where the body of any person coming to death shall be discovered in the County. He shall perform or cause to be performed autopsies as allowed by applicable law, and may investigate any condition that may be deleterious to public health and to the environment in the County. He shall perform all duties and functions prescribed by applicable law for coroners except as otherwise provided in this Charter, and make examinations as to any matter within his jurisdiction.

4.902.5.2. Whenever, in the opinion of the Medical Examiner, after a full investigation of the circumstances and causes of death, or of the deleterious condition of health or the environment in the County, there is reasonable suspicion of a violation of the criminal or civil law of the State, or ordinance of the County, a full copy of all evidence and opinion of the investigating examiner shall be promptly filed with the Prosecuting Attorney and the appropriate law enforcement office of each jurisdiction affected.

4.902.6. The Medical Examiner and assistants shall have power to administer oaths and affirmations, take affidavits, but shall not be required to summon a jury of inquisition.

4.902.7. The Prosecuting Attorney and all interested and affected officers and employees of the County shall cooperate fully with and assist the Medical Examiner in the performance of his duties.

4.903. Qualifications. To serve as Medical Examiner, a person shall:

4.903.1. Be a licensed physician, and a pathologist certified by the board in that specialty, or eligible for such certification, with experience in forensic pathology.

If no forensic pathologist is available for appointment, an acting Medical Examiner who is a licensed physician may be appointed to serve for a period not to exceed one (1) year.

4.904. Compensation. The compensation of the Medical Examiner shall be fixed by the County Executive as part of the annual budget ordinance, subject to approval of the County Council, or through a contractual agreement approved by the County Council and executed by the County Executive.

Section 4.1000 Prosecuting Attorney.

4.1001. Selection. The Prosecuting Attorney shall be elected at the general election in 1994 and every four (4) years thereafter. He shall take office on January first (1st), following certification of election.

4.1002. Vacancy. A vacancy in the office of Prosecuting Attorney shall be filled by the County Executive subject to confirmation by the Council. The person appointed 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 the full term as the case may be.

4.1003. Powers and Duties.

4.1003.1. The Prosecuting Attorney shall possess and exercise all powers and duties now or hereafter given to that office by applicable law.

4.1003.2. The Prosecuting Attorney shall operate the department within the guidelines of the County personnel policy and purchasing policy.

4.1003.3. The Prosecuting Attorney shall account for and deposit, in accordance with applicable law, all fees, commissions, penalties or other funds payable to this office.

4.1003.4. The Prosecuting Attorney shall not engage in the private practice of law.

4.1004. Qualifications. To serve as Prosecuting Attorney, a person must:

4.1004.1. Must be a registered voter in St. Charles County who shall have resided in St. Charles County for a period of not less than two (2) years immediately prior to the general election; and

4.1004.2. Shall not at the time of assuming office, and during the term in office, hold any other remunerative office with the United States, the State of Missouri, St. Charles County, or any political subdivision of the State. This Subparagraph shall not apply to membership in the military forces of the United States, the State militia, or notaries public; and

4.1004.3. Shall take an oath or affirmation to support the Constitution of the United States and the Constitution of the State of Missouri, to abide by this Charter and to faithfully perform the duties of the office; and

4.1004.4. Be currently and for at least five (5) years have been duly licensed to practice law in the State of Missouri; and

4.1004.5. Shall complete all training for Prosecuting Attorneys that the laws of the State of Missouri authorize for Prosecuting Attorneys in any non-charter County, whenever such training is offered by the State of Missouri itself or by one of its agencies or subdivisions; and shall furnish a certificate of completion of such training to the County Executive.

4.1005. Salary. Until December 31, 1994, the salary of the Prosecuting Attorney shall be the same salary being paid to him on April 6, 1992. After January 1, 1995, the salary of the Prosecuting Attorney shall be fixed by budget ordinance. The salary for this next term shall be fixed by the County Council prior to February 1, 1994, and every four (4) years thereafter for ensuing terms. Such salary shall be paid to the Prosecuting Attorney in lieu of all fees, commissions, penalties, charges or other money due to or receivable by such officer, deputy or assistant or the office. Salary, mileage, travel, and other actual and necessary expenses incurred by the Prosecuting Attorney shall be reimbursed as provided by ordinance.

4.1006. Assistant Prosecuting Attorneys. The Prosecuting Attorney may appoint assistants, as the budget allows, to carry out the duties of the office. Assistants shall be licensed practicing attorneys but shall not be required to reside in St. Charles County while working as Assistant Prosecutors.

Section 4.1100 Public Administrator.

4.1101. Selection. The Public Administrator shall be appointed for a term of four (4) years by a majority of the Circuit and Associate Circuit Judges of the 11th Judicial Circuit, meeting en banc. He may be removed from office during the term by the authority who appointed him in the same manner as he was appointed.

4.1102. Powers and Duties.

4.1102.1. The Public Administrator shall possess and exercise the powers and duties prescribed for the office by applicable law.

4.1102.2. The Public Administrator shall operate the office within the guidelines of the County personnel policy and purchasing policy.

4.1102.3. The Public Administrator shall account for and deposit, in accordance with applicable law, all fees, commissions, penalties or other funds payable to this office.

4.1103. Qualifications. To serve as Public Administrator, a person shall:

4.1103.1. Must be a registered voter in St. Charles County who shall have resided in St. Charles County for a period of not less than two (2) years immediately prior to the general election; and

4.1103.2. Shall not at the time of assuming office, and during the term in office, hold any other remunerative office with the United States, the State of Missouri, St. Charles County, or any political subdivision of the State. This Subparagraph shall not apply to membership in the military forces of the United States, the State militia, or notaries public; and

4.1103.3. Shall take an oath or affirmation to support the Constitution of the United States and the Constitution of the State of Missouri, to abide by this Charter and to faithfully perform the duties of the office; and

4.1103.4. Shall complete all training for Public Administrators that the laws of the State of Missouri authorize for a Public Administrator in any non-charter County, whenever such training is offered by the State of Missouri itself or by one of its agencies or subdivisions; and shall furnish a certificate of completion of such training to the St. Charles County Circuit Court en banc.

4.1104. Salary/Fees. The salary of the Public Administrator for the term beginning January 1, 1993, shall be the same salary being paid to him on April 6, 1992. After January 1, 1997, the salary of the Public Administrator shall be fixed by budget ordinance. He shall account for and pay into the County General Revenue Fund all fees payable to him under the applicable law. Such salary shall be paid to the Public Administrator in lieu of all fees, commissions, penalties, charges or other money due to or receivable by such officer, deputy or assistant or the office. Salary, mileage, travel, and other actual and necessary expenses incurred by the Public Administrator shall be reimbursed as provided by ordinance.

Section 4.1200 Recorder of Deeds.

4.1201. Selection.

4.1201.1. If it is retained as an elected office, the Recorder of Deeds shall be elected at the general election of 1994, and shall take office on January 1, 1995, following certification of election to office.

4.1201.2. In April, 1993, the voters will decide whether to retain this as an elected position with a four (4) year term or convert the position to an appointed position within a Department of Finance.[1]

[1] Editor's Note—In April, 1993, the voters decided to retain this as an elected position.

4.1202. Vacancy. A vacancy in the elective office of Recorder of Deeds shall be filled by the County Executive subject to approval by the Council. The person appointed shall be a member of the same political party as the previous occupant (if so affiliated) and shall hold office until January first (1st), following the next general election. At that general election, a successor shall be elected for the unexpired or full term as the case may be.

4.1203. Powers and Duties.

4.1203.1. The Recorder of Deeds shall possess and exercise all powers and duties now or hereafter given to that office for a County of the First Class by applicable law except for powers or duties removed or assigned to other offices pursuant to the provisions of this Charter.

4.1203.2. The Recorder of Deeds shall operate the office within the guidelines of the County personnel policy and purchasing policy.

4.1203.3. The Recorder of Deeds shall account for and deposit, in accordance with applicable law, all fees, commissions, penalties or other funds payable to this office.

4.1204. Qualifications. To serve as Recorder of Deeds, a person:

4.1204.1. Must be a registered voter in St. Charles County who shall have resided in St. Charles County for a period of not less than two (2) years immediately prior to the general election; and

4.1204.2. Shall not, at the time of assuming office, and during the term in office, hold any other remunerative office with the United States, the State of Missouri, St. Charles County or any political subdivision of the State. This Subparagraph shall not apply to membership in the military forces of the United States, the State militia, notaries public; and

4.1204.3. Shall take an oath or affirmation to support the Constitution of the United States and the Constitution of the State of Missouri, to abide by this Charter and to faithfully perform all of the duties of the office; and

4.1204.4. Shall complete all training for Recorders of Deeds that the laws of the State of Missouri authorize for Recorders of Deeds in any non-charter County, whenever such training is offered by the State of Missouri itself or by one of its agencies or subdivisions; and shall furnish a certificate of completion of such training to the County Executive.

4.1205. Salary. The salary of the Recorder of Deeds for the period ending December 31, 1994, shall be the same salary being paid to him on April 6, 1992. After January 1, 1995, the salary of the Recorder of Deeds shall be fixed by ordinance. The salary, if the position remains elective, shall for the next four (4) year term be fixed by the County Council prior to February 1, 1994, and every four (4) years thereafter for ensuing terms. The salary, if the position be appointed, shall be fixed as part of the annual budget ordinance. Such salary shall be paid to the Recorder of Deeds in lieu of all fees, commissions, penalties, charges or other money due to or receivable by such officer, deputy or assistant or the office. Salary, mileage, travel, and other actual and necessary expenses incurred by the Recorder of Deeds shall be reimbursed as provided by ordinance.

Section 4.1300 Sheriff.

4.1301. Selection.

4.1301.1. The Sheriff shall be elected for a two (2) year term at the general election of 1992 and then for four (4) year terms beginning with the election of 1994. The Sheriff shall assume office on January first (1st) following certification of election.

4.1301.2. In November, 2012, the voters will decide whether to retain this as an elected position with a four (4) year term; or establish a County Police Department and transfer the duties for the patrol division, detective bureau and other direct law enforcement duties and their support functions to such County Police Department and to provide that the Sheriff's Department will be in charge of court services and security including prisoner transport, court services and service of process.[1]

[1] Editor's Note—In November, 2012, the voters agreed to amend these provisions.

4.1302. Vacancy. A vacancy in the elective office of Sheriff 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.

4.1303. Powers and Duties.

4.1303.1. The Sheriff shall possess and exercise all powers and duties now or hereafter given to that office for a County of the First Class by applicable law except for powers or duties removed or assigned to other offices pursuant to the provisions of this Charter. From and after January 1, 2015 the Sheriff shall possess and exercise only those powers and duties now or hereafter given to the office of Sheriff for a County of the First Class by applicable law related to the provision of services necessary for the operations of the courts for which the County is responsible including but not limited to prisoner transport civil process, bailiffs, court services and security and matters relating to jurors.[2]

[2] Editor's Note—In November, 2012, the voters agreed to amend these provisions.

4.1303.2. The Sheriff shall operate the office within the guidelines of the County personnel policy and purchasing policy.

4.1303.3. The Sheriff shall account for and deposit, in accordance with applicable law, all fees, commissions, penalties or other funds payable to this office.

4.1303.4. Before January 1, 1995, the Sheriff shall have responsibility for the enforcement of laws and ordinances, supervision of corrections facilities, and provision of services for the courts.

4.1303.5. From and after January 1, 1995, and until December 31, 2014, the Sheriff shall:[3]

4.1303.5.1. Have supervision, management and control of and responsibility for the efficient and effective administration and performance of the duties, powers and functions of suppression of crime and other appropriate law enforcement, including traffic control, in the unincorporated portions of St. Charles County invested by this Charter in the office. He and all duly authorized officers, agents and deputized representatives shall have designated powers and duties including preservation of order, prevention of crimes and misdemeanors, apprehension and arrest, conserving the peace and other Police and law enforcement functions, except those powers and duties vested in other departments or offices of the County by this Charter; and

4.1303.5.2. Enforce the ordinances and orders of the Council and have other such powers and duties as may be provided by ordinance including, but not limited to, the performance of Police duties in incorporated areas of the County under contract authorized or entered into by the Council with the Governing Body of any such incorporated area. The Sheriff shall also have the power to deputize members of the Police Departments of the various municipalities of the County and other persons under such standards, conditions and regulations as the Council shall approve; and

4.1303.5.3. Be responsible for the provision of services necessary for the operations of the courts for which the County is responsible including but not limited to civil process, bailiffs, court security and matters relating to jurors; and

4.1303.5.4. Serve as the Chief Law Enforcement Officer of the County.

[3] Editor's Note—In November, 2012, the voters agreed to amend these provisions.

4.1303.6. From and after January 1, 2015, the Sheriff shall be responsible for the provision of services necessary for the operations of the courts for which the County is responsible including but not limited to prisoner transport, civil process, bailiffs, court services and security and matters relating to jurors.[4]

[4] Editor's Note—In November, 2012, the voters agreed to add these provisions.

4.1304. Qualifications. To serve as Sheriff, a person:

4.1304.1. Must be a registered voter in St. Charles County who shall have resided in St. Charles County for a period of not less than two (2) years immediately prior to the general election; and

4.1304.2. Shall not at the time of assuming office, and during the term in office, hold any other remunerative office with the United States, the State of Missouri, St. Charles County or any political subdivision of the State. This Subparagraph shall not apply to membership in the military forces of the United States, the State militia, or notaries public; and

4.1304.3. Shall take an oath or affirmation to support the Constitution of the United States and the Constitution of the State of Missouri, to abide by this Charter and to faithfully perform all of the duties of the office; and

4.1304.4. Shall complete all training for Sheriffs that the laws of the State of Missouri authorize for Sheriffs in any non-charter County, whenever such training is offered by the State of Missouri itself or by one of its agencies or subdivisions; and shall furnish a certificate of completion of such training to the County Executive; and

4.1304.5. Shall be at least twenty-one (21) years old and free of any felony convictions prior to and during the term of office; and

4.1304.6. Shall be Peace Officer Standards and Training Commission (POST) certifiable in a First Class County on the day of assumption of the office of Sheriff.

4.1305. Salary. Until December 31, 1994, the salary of the Sheriff shall be the same salary being paid to him on April 6, 1992. After January 1, 1995, the salary of the Sheriff shall be fixed by ordinance. The salary, if the position remains elective, shall for the next four (4) year term be fixed by the County Council prior to February 1, 1994, and every four (4) years thereafter for ensuing terms. The salary, should the position be appointed, shall be fixed as part of the annual budget ordinance. Such salary shall be paid to the Sheriff in lieu of all fees, commissions, penalties, charges or other money due to or receivable by such officer, deputy or assistant or the office. Salary, mileage, travel, and other actual and necessary expenses incurred by the Sheriff shall be reimbursed as provided by ordinance.

Section 4.1400 Treasurer.

4.1401. Selection. The Treasurer shall be elected for a two (2) year term at the general election of 1992 and shall take office on January first (1st) following certification of election. On December 31, 1994, the position of Treasurer will be abolished. The duties of Treasurer will be reassigned as determined by the County Council.

Section 4.1500 Other County Officers and Departments.

4.1501. The County Council may by ordinance establish and amend an administrative Code which shall govern all County Officers including those heretofore described and many others not herein described. This administrative Code may create, eliminate, monitor, and regulate functions, services, offices and departments of County Government, all to be administered by the County Executive, except the Auditor, the Circuit Clerk, the Director of Elections, and the Prosecuting Attorney, each of whom will perform their duties independent of the County Executive.

4.1501.1. The Auditor will be monitored by and responsible to the County Council.

4.1501.2. The Circuit Clerk will be monitored by and responsible to the Circuit Court.

4.1501.3. The Director of Elections functioning as the election authority of the County shall function independently.

4.1501.4. The Prosecuting Attorney shall function independently in his role as a criminal prosecutor; however, if at any time in the future the action of quo warranto be assigned to his office, he shall act at the direction of the County Executive.

4.1501.5. Elected officials who fail to meet the qualifications for their office shall be subject to quo warranto.

4.1501.6. Notwithstanding any other provision of the Charter to the contrary, the County Executive shall have oversight of the working conditions of all employees of the County. Should there be a complaint of harassment, discrimination or gross mismanagement of an employee or employees, the County Executive may have the complaint investigated. If the complaint is substantiated and the investigation indicates the harassment, discrimination or gross mismanagement adversely affects the complaining employee and or other employees of the department, the County Executive shall have the authority to take action to prevent the harassment of, discrimination against, or gross mismanagement of any employee of the County. If the County Executive determines it is necessary to transfer the direct supervision of an employee, or employees, from an elected official to a personnel administrator, who shall be charged with the day-to-day administration and supervision of the employees, he shall do so only after obtaining a vote of a two-thirds (2/3) majority of the County Council.[1]

[1] Editor's Note—In November, 2012, the voters agreed to add these provisions.

4.1502. There shall be departments as may be established by ordinance. All departments shall be internally organized as may be provided by ordinance or, in the absence thereof, by executive order.

4.1503. Except as otherwise provided in this Charter, the head of each department shall be appointed by the County Executive subject to approval by the Council.

4.1504. Each department head shall:

4.1504.1. Within one hundred twenty (120) days of appointment, be a resident of St. Charles County; and

4.1504.2. Have knowledge of the principles and practices of administrative organization; and

4.1504.3. Be familiar with the functions for which he is responsible; and

4.1504.4. Have at least three (3) years of executive or administrative experience.

4.1505. The head of each department shall manage the department, and appoint, under the merit system, except as otherwise provided herein, and assign functions and duties to such officers, deputies, assistants and employees as may be provided for in this Charter or by ordinance.

Section 4.1600 Elected Officials and Appointed Department Heads.

All County elected officials and all appointed department heads including those heretofore described in Chapter Four and others not herein described in Chapter Four and taking office on or after January 1, 1999, shall not engage in any of the following activities:

4.1601. At any time while serving in office carry on any trade, occupation, business or enterprise for personal pecuniary profit or gain during the normal business hours of St. Charles County; or

4.1602. At any time while serving in office engage in commercial enterprise, or otherwise receive compensation for services rendered as an employee or officer or by contractual arrangements with private interests which engage in business transactions with the County; or

4.1603. At any time while serving in office own stock or any other investment in any corporation or similar legal entity amounting to more than a five (5) percent ownership interest in the authorized and issued stock or other investment in that corporation or similar legal entity which engages in business transactions with the County.