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.
Composition. The City Council shall consist of seven
(7) members; a Mayor and six (6) Council Members. Four (4) Council
Members shall reside in and be elected by the qualified voters of
their respective wards, and two (2) Council Members to be known as
at-large, and a Mayor elected at-large. (Adopted by the Citizens of
Sikeston by vote on April 2, 2002.)
b.
Wards. The City Council, within six (6) months of
passage of this charter, shall define and approve the boundaries of
the four (4) wards of the city. Each ward shall be as equal as possible
to the others in terms of compactness, population, and representation
of the interests of the citizens within. All Federal and State mandates
and principles of equality shall be observed. New ward boundaries
shall be set within six (6) months of the release of demographic information
from each decennial U.S. Census thereafter.
If the City Council fails to define and approve the boundaries
of the four (4) wards within the six (6) months provided, any citizen
may require the Circuit Court of Scott County to define and impose
appropriate boundaries upon the city. The Circuit Court may authorize
the plaintiff, attorney and expert witness fees, for good cause as
it deems appropriate. Once such a suit is filed, the City Council
shall be divested of further authority to define and adopt appropriate
boundaries. Any city election conducted while such lawsuit is pending
shall be conducted as the circuit court directs.
c.
Eligibility. Each Council Member and the Mayor shall
be a qualified voter of the city and shall be at least twenty-one
(21) years of age. The Council Members elected by wards shall be residents
of the respective wards from which they are elected for a period of
not less than one (1) year immediately prior to the last day on which
a nomination petition can be filed for a city election. The Mayor
and Council Members at-large shall have been a resident of the city
for at least one (1) year immediately prior to their election.
d.
Election and Terms. Council Members shall be elected
to serve staggered three (3) year terms. No person may be elected
or serve more than two (2) consecutive full terms as Mayor, not including
service to complete an unexpired term. Any person so limited as Mayor
may not serve again as Mayor for three (3) years, either in an elected
capacity or appointed to fill a vacancy. No person may be elected
or serve more than two (2) consecutive full terms as Council Member,
not including service to complete an unexpired term. Any person so
limited as Council Member may not serve again as Council Member for
three (3) years, either in an elected capacity or appointed to fill
a vacancy. A Council Member so limited is prohibited from holding
either an at-large or a ward council seat. A person who is elected
to a second full three (3) year term, and who resigns before the end
of that term (i.e., "elected" to two (2) consecutive terms but did
not "serve" two (2) complete consecutive terms) is disqualified from
seeking an immediate new term, in the same manner as someone who did
not resign.
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.
a.
Holding Other Office. Except where authorized by
law, or pursuant to an agreement between the city and another entity
of government, no Council Member shall hold any other city office
or employment during the term for which he was elected to the council,
and no former Council Member shall hold any compensated appointive
city office or employment until one (1) year after the expiration
of the term for which he was elected to the council.
b.
Appointments and Removals. Neither the council nor
any of its members shall in any manner dictate the appointment or
removal of any city administrative officers or employees whom the
manager or any of his subordinates are empowered to appoint, but the
council as a group may express its views and fully and freely discuss
with the manager anything pertaining to appointment and removal of
such officers and employees.
c.
Interference with Administration. Except for the purpose of inquiries and investigations under Section 3.10, the council or its members shall deal with city officers and employees who are subject to the direction and supervision of the manager solely through the manager, and neither the council nor its members shall give orders to any such officer or employee, either publicly or privately.
a.
Vacancies. The office of a Council Member or of
a Mayor shall become vacant upon death, resignation, removal from
office in any manner authorized by law, or forfeiture of his office.
b.
Forfeiture of Office. A Council Member or Mayor
shall forfeit his office if he:
1.
Lacks at any time during his term of office any qualification for
the office prescribed by this charter or by law,
2.
Violates any prohibition of this charter,
3.
Is convicted of a crime involving moral turpitude, or
4.
Fails to attend three (3) consecutive regular meetings of the council
without being excused by the council.
c.
Vacancy in Office of Mayor. A vacancy in the office
of Mayor shall be filled by the Mayor pro tempore, who shall be sworn
into the office of Mayor and thereby vacate the mayor pro tempore's
existing office of council member. The vacancy thus created by the
assumption of the mayor office by the mayor pro tempore shall be filled
as provided in subsection 3.6(d) below. The City Council shall then
elect a mayor pro tempore. The new Mayor shall hold his office until
the next regular Municipal election, unless such period exceeds one
(1) year. In the latter case, the council shall make arrangements
for a special election to fill such vacancy for the unexpired term.
At the election, whenever held, whomever is elected Mayor will serve
the balance of the term of office originally held by the individual
who vacated the office.
d.
Vacancy in Office of Council Member. A vacancy in the office of Council Member shall be filled by the council according to the eligibility qualifications specified in Section 3.2 (c) by a majority vote of all its remaining members for a period running to the next regular municipal election unless such period exceeds one (1) year. In the latter case, the council shall make arrangement for a special election to fill such vacancy for the unexpired term.
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.
a.
Meetings. The council shall meet regularly at least
once each month at such times and places as the council may prescribe.
The mayor upon his own motion may, or at the request of three (3)
members of the council shall, call a special meeting of the council
for a time not earlier than twenty-four (24) hours after notice is
given to all members of the council then in the city.
b.
Rules and Journals. The council shall determine
its own rules and order of business. It shall cause a journal of its
proceedings to be kept and this journal shall be open to public inspection.
A separate journal shall be kept of executive sessions, which journal
shall remain closed to public inspection or to legal process.
c.
Voting. Voting shall be by roll call except on procedural
motions, and the ayes and nays shall be recorded. In all roll call
votes, except for electronic voting, the names of the members of the
council shall be called in alphabetical order and the name to be called
first shall be advanced one (1) position alphabetically in each successive
roll call vote. A majority of members of the council shall constitute
a quorum for its business, but a smaller number may meet and compel
the attendance of absent members in the manner and subject to the
penalties prescribed by ordinance. Except as otherwise provided in
this charter, the affirmative vote of a majority of the entire council
shall be necessary to adopt any ordinance.
d.
Form of Ordinances. Proposed ordinances and resolutions
shall be introduced in the council only in written or printed form.
The enacting clause of all ordinances shall be:
Be It Ordained By the Council of the
City of Sikeston.
The enacting clause of all ordinances submitted by initiative
shall be:
Be It Ordained By the People of the
City of Sikeston.
e.
Procedure. Except in the case of emergency ordinances,
every proposed ordinance shall be read by title in open council meeting
two (2) times before final passage, and at least one (1) week shall
elapse between introduction and final passage. A copy of each proposed
ordinance shall be provided for each council member at the time of
its introduction, and at least three (3) copies shall be provided
for public inspection in the office of the city clerk until it is
finally adopted or fails of adoption. Persons interested in a proposed
ordinance shall be given an opportunity to be heard before the council
in accordance with such rules and regulations as the council may adopt.
If the council adopts an amendment to a proposed ordinance that constitutes
a change in substance, any member of the council may require that
the proposed ordinance as amended be placed on file for public inspection
in the office of city clerk for an additional one (1) week before
final passage. In the absence of such a request, the council may consider
the amended ordinance at the same meeting.
f.
Emergency Ordinances. An ordinance may be passed
as an emergency measure on the day of its introduction if it contains
a declaration describing in clear and specific terms the facts and
reasons constituting the emergency and receives the vote of two-thirds
(2/3) of the members of the council. An ordinance granting, reviewing,
or extending a franchise shall not be passed as an emergency ordinance.
g.
Effective Date. Every adopted ordinance shall become
effective at the expiration of thirty (30) days after adoption or
at any later date specified therein. Emergency ordinances shall become
effective upon adoption or at any later date specified therein.
h.
Authentication and Recording. All ordinances and
resolutions adopted by the council shall be authenticated by the signature
of the mayor and city clerk. The city clerk shall record in a properly
indexed record kept for the purpose of all ordinances and resolutions
adopted by the council.
i.
Agendas and Minutes. Copies of all agendas and approved
minutes of all city entities shall be public records and shall be
made available to the public at suitable places in the city to include
city hall, the library, and via electronic access such as a city managed
website.
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:
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.
|
