All powers of the city shall be vested in the City Council,
unless this charter provides otherwise. The council shall provide
for the exercise of these powers and for the performance of all duties
and obligations imposed on the city by law.
A mayor shall be elected at a regular election for a term of
three (3) years. He shall be a member of the council. The mayor shall
preside at meetings of the council, shall have the right to vote,
and shall be recognized as head of the city government for all legal
and ceremonial purposes and by the governor for purposes of military
law. The mayor shall have no administrative duties and shall have
no veto power. The council shall elect annually from among its members
a mayor pro tempore who shall act as mayor during the absence or disability
of the mayor.
Except as provided in Article
XIII, the council may determine the annual compensation of Council Members and mayor by ordinance, but no ordinance increasing such compensation shall become effective for a Council Member or mayor until the commencement of a new term of office. Council Members and mayor shall receive their actual and necessary expenses incurred in the performance of their duties of office.
The council shall be the judge of the election and qualifications
of its members and of the grounds for forfeiture of their office and
for that purpose shall have power to subpoena witnesses, administer
oaths, take testimony, and require the production of evidence. A member
charged with conduct constituting grounds for forfeiture of his office
shall be entitled to a public hearing. Decisions made by the council
under this section shall be subject to review by the courts as a contested
case pursuant to Chapter 536, RSMo. Council may establish procedures
for judging the qualifications of members or determining if there
are grounds to forfeit the office which may include the appointment
of a hearing officer to take evidence and report findings to the City
Council.
The council shall appoint an officer who shall have the title
of City Clerk. He shall keep the journal of council proceedings, authenticate
by his signature all ordinances and resolutions, and record them in
full in a book kept for that purpose. He shall perform such other
duties as may be required by law, by this charter, or by the council.
The city clerk shall hold office at the pleasure of the council. The
person serving as city clerk may also have additional municipal duties
as assigned and supervised by the city manager for additional compensation.
The council shall appoint an officer who shall have the title
of City Treasurer. The treasurer shall possess such powers and perform
such duties as may be prescribed by law, by this charter, or by the
council. The city treasurer shall hold office at the pleasure of the
council. The person serving as city treasurer may also have additional
municipal duties as assigned and supervised by the city manager for
additional compensation.
The council may make investigations into the affairs of the
city and the conduct of any city department, office, or agency and
for this purpose may subpoena witnesses, administer oaths, take testimony,
and require the production of evidence. Any person who fails or refuses
to obey a subpoena issued in the exercise of these powers by the council
shall be guilty of a misdemeanor and subject to punishment as prescribed
by law or ordinance.
The council shall provide for an independent audit of all city
accounts at least once a year. Such audits shall be made by a certified
public accountant or firm of such accountants who have no personal
interest, direct or indirect, in the fiscal affairs of the city government
or any of its officers. A copy of the report prepared by the certified
public accountant or firm of such accountants shall be kept in the
city clerk's office and shall be open to public inspection.
Within three (3) years after adoption of this charter, all ordinances
and resolutions of the city of a general and permanent nature shall
be revised, codified, and promulgated according to a system of continuous
numbering and revision as specified by ordinance.
No member of the council, appointed official, or employee of
the City shall:
a. Be present at any portion of a meeting or discussion with the city
staff or any other member of the city council, or vote on any issue
where the member has a financial conflict of interest as defined by
Missouri statute.
b. Have a financial interest, direct or indirect, in any transaction
with the City, or be financially interested, directly or indirectly,
in the sale to the City of any land, materials, supplies, or services.
This section shall not apply if the transaction involves public notice
and competitive bidding, provided the bid accepted is the lowest qualified
bid received.
Any violation of this Section renders the contract or sale void,
and any council member, officer, employee, or board member violating
the Section thereby forfeits his office or employment.
Notwithstanding, any other provision of the Charter to the contrary,
the City may acquire land from an employee of the City, other than
a salaried officer, by purchasing the land from the employee or through
the exercise of eminent domain; provided, however, such land shall
not be purchased by the City at more than the fair market value as
determined by an independent appraiser.
c. While a member of the city council, receive (either directly or paid
to a member of the member's immediate family) anything having
more than twenty-five dollars ($25.00) in value from any person or
business that sells or offers to sell or rent any good or service
to the City, or that desires to purchase or rent any property from
the city, except that:
1. The member may be employed by the person or business provided that
employment:
a. Is compensated on a basis other than through commissions, and
b. Predates election to the city council and has been continuous and
uninterrupted since that time, or
2. The member may accept social invitations from the person or business
provided similar social invitations were regularly extended in the
two (2) years immediately preceding the member's election to
the council. However, such exception must be disclosed at a public
meeting of the city council by the member immediately upon the event
that calls the exception into effect.
d. While a member of the city council, serve in a compensated advisory or supervisory status (as a member of a board of directors or otherwise) with any entity that sells or offers to sell or rent any good or service to the City, or that desires to purchase or rent any property from the city. The city council may, by specific public roll-call vote, waive the provisions of Section
3.14(d) for the specific term of a specific individual member, provided that the individual member will remain disqualified from being present at a meeting, lobbying, or discussing with the city staff or any other member of the city council, or voting on any issue where the member has a financial conflict of interest.
A violation of any of these prohibitions shall cause the immediate
removal of the mayor or council member from office. The city council
does not have the power to forgive or absolve an offending member
of any violation. The removed official shall not be eligible for election
to the city council for two (2) years following his removal. In the
event the member does not acknowledge the violation, the remaining
members of the council shall expel the offending council member at
the next meeting of the city council. In the event the council fails
to immediately expel the member, the offending council member shall
be removed from office by a court of competent jurisdiction upon suit
by any taxpayer, citizen, or prospective or actual vendor to the city.
The cost of such removal lawsuit (including all attorney fees) shall
be taxed against the offending official.
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