[1]
State Law Reference: For similar provisions,
see § 77.340, RSMo.
[R.O. 1992 § 115.520; R.O. of 1942
§ 389; CC 1970 § 2-112; Ord. No.
7230, 6-15-1992]
The Mayor may, with the consent of
a majority of all the members elected to the City Council, 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 City Council, sitting as a court of impeachment.
Any elective officer may, in like manner, for cause shown, be removed
from office by a two-thirds (2/3) vote of all the members elected
to the City Council, independently of the Mayor's approval or recommendation.
The Mayor may, with the consent of a majority of all the members elected
to the City Council, remove from office any appointive officer of
the City at will; and any such appointive officer may be so removed
by a two-thirds (2/3) vote of all the members elected to the City
Council, independently of the Mayor's approval or recommendation.
The City Council may pass ordinances regulating the manner of impeachment
and removals.
[1]
State Law Reference: For similar provisions,
see § 77.340, RSMo.
[R.O. 1992 § 115.530; R.O. of 1942
§ 309; CC 1970 § 2-113]
The suspension shall be effected
by an order filed by the Mayor in the office of the City Clerk, accompanied
by a statement of the charges upon which the same is founded, a copy
of which shall be forthwith made by the Clerk and delivered to the
Chief of Police of the City or Police Officer, who shall forthwith
deliver the same to the officer suspended. If any City Officer shall,
during suspension from office, attempt to perform any official duty,
he/she shall be deemed guilty of an ordinance violation.
[R.O. 1992 § 115.540; R.O. of 1942
§ 391; CC 1970 § 2-114]
Whenever an officer shall have been
suspended, the Mayor shall lay the charges before the Council at its
first meeting thereafter, and the Council shall, without unnecessary
delay, proceed to investigate such charges, upon a day to be by them
fixed. The City Clerk shall then make a certified copy of such charges
and notice of the day fixed by the Council for hearing the same, with
certified copy and notice shall be served on the suspended officer
by the Chief of Police or any Police Officer by delivering the same
to such officer.
[R.O. 1992 § 115.550; R.O. of 1942
§ 392; CC 1970 § 2-115]
At the time set for hearing, the
Council shall meet and proceed, according to such rules as they may
adopt, to hear the evidence against and in favor of the accused, and
may adjourn from time to time, if necessary, until all the evidence
is heard.
[R.O. 1992 § 115.560; R.O. of 1942
§ 394; CC 1970 § 2-117]
The Council or any member thereof shall also have power at any time to prefer charges against the Mayor for the reason and causes set forth in Section 115.520. Should such charges be preferred, the Council shall proceed to at once investigate and decide the same in the manner provided in this Article. During such investigation, it shall be unlawful for the Mayor to preside at the meetings of the Council; and should he/she be found guilty of either or all the charges preferred against him/her, and in consequence thereof is removed from office, the office shall be declared vacant, and the President Pro Tempore shall forthwith issue a proclamation for a special election to fill such vacancy in the manner provided by law; provided, that when such vacancy shall occur within six (6) months of a general election, no election shall be called to fill such vacancy, but the duties of the Mayor shall devolve upon the president Pro Tempore of the Council.
[R.O. 1992 § 115.570; R.O. of 1942
§ 395; CC 1970 § 2-118]
The proceedings of the Council in
all cases under this Article shall be entered at large upon the journal
of the proceedings of the Council.
[R.O. 1992 § 115.580; R.O. of 1942
§ 396; CC 1970 § 2-119]
Subpoenas for witnesses to testify
on any trial may be issued by the Mayor, or person acting as such,
and shall be served and returned by any proper officer of the City
or of the County, in the same manner as if issued by the Associate
Circuit Judge, and such officer and witnesses shall be entitled to
the same fees as would be allowed for like services in the Associate
Circuit Court.
[R.O. 1992 § 115.590; R.O. of 1942
§ 397; CC 1970 § 2-120]
The Council shall have power by a
two-thirds (2/3) vote of its members to compel the attendance of witnesses,
and the production of papers relating to any subject under consideration
in which the interest of the City is involved, and shall have a right
to issue an attachment, and call on the proper officer of the City
or any Sheriff or Constable in the County, to execute such process.
The President of the Council shall have power to administer oaths
to witnesses in all proceedings before the Council under this Article.
[R.O. 1992 § 115.600; R.O. of 1942
§ 398; CC 1970 § 2-121]
Depositions of witnesses beyond the
jurisdiction of the Council, or prevented by sickness or other sufficient
cause from attendance, may be read on the trial and investigation,
if taken in conformity to the laws of this State. The notice of the
taking thereof, when taken on behalf of the accused, shall be served
on the City Attorney.
[R.O. 1992 § 115.610; R.O. of 1942
§ 399; CC 1970 § 2-122]
Upon any trial under this Article,
the accused shall be entitled to be heard by himself/herself and his/her
counsel in his/her defense, and the City Attorney, or person acting
as such, shall attend the trial and prosecute on behalf of the City.
