The following officers shall be elected by the qualified voters
of the City and shall hold office for the term of two (2) years, except
as otherwise provided in this Section, and until their successors
are elected and qualified, to wit: Mayor and Board of Aldermen.
[CC 1979 §20.110]
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 Treasurer, City Attorney, City Clerk, Chief of Police, Collector,
Street Superintendent, Municipal Judge, Water Superintendent, Waste
Water Superintendent, a certified building inspector as Building Inspector,
Night Watchman, and such other officers as he/she may be authorized
by ordinance to appoint, and if deemed for the best interests of the
City, the Mayor and Board of Aldermen may, by ordinance, employ 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. All appointed officers shall be appointed to
serve at the pleasure of the Board of Aldermen.
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 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 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.
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.
[Ord. No. 370 §1, 10-8-2012]
Every officer of the City of Diamond 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 this 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 City shall,
within fifteen (15) days after his/her appointment or election, and
before entering upon the discharge of the duties of his/her office,
give bond to the City in the amount of twenty thousand dollars ($20,000)
and with such sureties as may be designated by ordinance, conditioned
upon faithful performance of his/her duty, and that he/she will pay
over all moneys 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.
The Board of Aldermen shall fix the compensation of all the
officers and employees of the City by ordinance. The salary of an
officer shall not be changed during the time for which he/she was
elected or appointed.
If a vacancy occurs in any elective office, the Mayor or the
person exercising the duties of the Mayor shall cause a special meeting
of the Board of Aldermen to convene where a successor to the vacant
office shall be selected by appointment by the Mayor with the advice
and consent of a majority of the remaining members of the Board of
Aldermen. If the vacancy is in the office of Mayor, nominations of
a successor may be made by any member of the Board of Aldermen and
selected with the consent of a majority of the members of the Board
of Aldermen. The Board of Aldermen may adopt procedures to fill vacancies
consistent with this Section. The successor shall serve until the
next regular municipal election. If a vacancy occurs in any office
not elective, the Mayor shall appoint a suitable person to discharge
the duties of such office until the first regular meeting of the Board
of Aldermen thereafter, at which time such vacancy shall be permanently
filled.
The duties, powers and privileges of officers of every character
in any way connected with the City Government, not herein defined,
shall be prescribed by ordinance. Bonds may be required of any such
officers for faithfulness in office in all respects.