The elective officers of the City and their terms shall be those set out in Section 105.020 of this Code.
[CC 1994 §21.100; Ord. No. 94.10, 5-16-1994; Ord. No.
95.23, 9-18-1995; Ord. No. 95.33, 10-2-1995; Ord. No. 22-17, 4-11-2022]
Upon the vacancy of an appointive officer, 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, Collector, Court Clerk, Public Works Supervisor, Chief of Police, Municipal Judge, Park Board, Head of Wellhead Protection, and Director of Emergency Management 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 and shall not serve a specific term of office or employment, but instead serve at the pleasure of the Mayor and the Board of Aldermen, with the exception of the City Attorney who shall be appointed to a term as described in Section 115.220 and the Municipal Judge who shall be appointed for a term as described in Section 125.040.
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 (2/3) 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 (2/3) 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.
[Ord. No. 17-03 § 1, 3-30-2017]
A.
Institution Of Impeachment Proceedings.
1.
Preparation Of Charges, Notice. The Mayor and two (2) members,
or three (3) members of the Board of Aldermen may prefer charges against
any elective officer by filing with the City Clerk a written statement
of the charges together with a notice directed to the accused, apprising
him/her of the nature of the charges, and of the time when the accusation
will be heard by the Board of Aldermen, setting as a court of impeachment;
whereupon the City Clerk shall file the same and cause a copy thereof
to be served upon the accused at least ten (10) days before the date
set for the hearing.
2.
Service Of Notice. Such notice shall be served by any regular
Policeman of the City, provided, that if for any reason such notice
cannot be personally served within the limits of the City, service
may be had by posting not less than three (3) copies thereof in as
many public places in said City.
3.
Return Of Service. Such notice and charges, with the return
of service thereof, shall laid by the City Clerk before the Board
of Aldermen at its next meeting or at the impeachment hearing, whichever
is earliest.
B.
City Board Of Aldermen To Hear Evidence.
At the time set for the hearing provided for herein, if due
notice has been given the accused, the Board of Aldermen shall meet
and proceed to hear evidence against and in favor of the accused,
and may adjourn from time to time, if necessary, until all the evidence
is heard.
C.
Conduct Of Proceedings; Issuance, Service Of Subpoenas.
1.
An attorney selected and appointed by the Board of Aldermen,
shall conduct the prosecution, including the preparation or modification
of any charge.
2.
The Mayor, or if he/she be the accused, then the President Pro
Tempore of the Board of Aldermen, shall issue subpoenas for such witnesses
as may be called for by either party, and such subpoenas may be served
by the proper officer of the City or by the Sheriff or Constable of
the County and such officers and witnesses shall be entitled to the
same fees as would be allowed for like services in the municipal court.
3.
The City Attorney shall assist the Mayor, or the Mayor Pro Tempore
in conducting the hearing, provide advice to members of the Board
on question that may arise during the hearing, or in rendering the
written decision of the Board.
D.
Right Of Accused To Be Heard.
Upon any hearing hereunder, the accused shall be entitled to
be heard by himself/herself and his/her counsel in his/her defense.
E.
Compelling Attendance Of Witnesses, Production Of Papers Administering
Oaths.
The Board of Aldermen shall have the power to compel the attendance
of witnesses and the production of papers, relating to any subject
under consideration hereunder, in which the interest of the City is
involved, and shall have the right to issue attachments for witnesses
and call on the proper officers of the City or the Sheriff or any
Constable of the County, to execute such process. The president of
the Board of Aldermen, or the City Attorney, shall have the power
to administer oaths to witnesses in all proceedings before the Board
of Aldermen under this Article.
F.
Depositions Of Witnesses.
Depositions of witnesses beyond the jurisdiction of the Board
of Aldermen, or witnesses, prevented by sickness or other sufficient
cause from attendance, may be read at the hearing and instigation
provided for herein, if taken in conformity to the laws of the State.
The notice of this taking thereof, when taken on behalf of the accused,
shall be served on the attorney representing the City.
G.
Vote, Decision Of Board Of Aldermen After Hearing Evidence.
1.
As soon as the evidence at impeachment proceedings hereunder
has all been heard and the case submitted the Board of Aldermen shall
vote by ayes and nays upon the charges and specifications separately.
The question upon each charge shall be, "Is the accused guilty?" If
the charges that have been preferred by the Mayor and the Board of
Aldermen by a majority vote of all the members elected to the Board
of Aldermen find the accused guilty of any one (1) of the charges
preferred, or, if the charges have been preferred by any member of
the Board of Aldermen and the Board of Aldermen by a two-thirds (2/3)
majority vote of all the members elected thereto find the accused
guilty of any one (1) of the charges preferred, he/she may by resolution
be removed from office; and if such resolution receive a vote of not
less than two-thirds (2/3) of the members elected to the Board of
Aldermen the office shall thereupon become and be vacant; provided,
that if the charges preferred be that the accused is or has been directly
or indirectly interested in any contract involving the City, or in
any work done by said City or any of its institutions, the accused
shall be dismissed from, and his/her office shall become and be vacant
if the Board of Aldermen by a majority vote of all the members elected
find the accused guilty.
2.
Upon such vote, the Board shall prepare in a timely manner an
order of findings of fact and conclusions of law, to be signed by
the Mayor, or if he/she be the accused, then the President Pro Tempore
of the Board of Aldermen and attested by the City Clerk.
H.
Grounds For Removal From Office.
An elective officer of the City may be removed from office based
on a "for cause" standard, which is any legally sufficient grounds
or reasons for the impeachment of officer relating to or effecting
the administration of the office and relating to the rights and interests
of the public. Legally sufficient grounds and reasons shall include,
but is not limited to the following:
1.
Improper performance of official duties and administration of
office; or
2.
Willful violation of official duties and administration of office;
or
3.
Culpable official negligence or dereliction of official duty;
or
4.
Failing to fulfill official duty and responsibility; or
5.
Exceeding official authority of the office; or
6.
Any conduct inconsistent with the official character and duty
of the office; or
7.
Official incompetency.
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.
Every officer of the City 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, when required by law
or ordinance, 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 such sum and with such
sureties as may be designated by ordinance, conditioned upon the faithful
performance of his/her duty, and that he/she will pay over all monies
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 bond provisions of this Section may be satisfied by the
securing of a blanket bond or blanket bonds, approved by the Board
of Aldermen, covering such officers by name or position.
[CC 1994 §21.140; Ord. No. 94.10, 5-16-1994]
Upon filing the oath of office and approval of bond as required,
the City Clerk shall deliver to the person elected or appointed a
commission signed by the Mayor, and under the Seal of the City, duly
countersigned by the Clerk, authorizing the person therein to discharge
the duties of the office therein named for the term for which he/she
was appointed or elected.
[Ord. No. 17-10 § 1, 6-26-2017]
A.
The
Board of Aldermen shall fix the compensation of all officers and employees
of the City of Oronogo. The salary of any officer shall not be changed
during the time for which he/she was elected or appointed.
B.
Pursuant
to the deferred compensation plan established for the benefit of City
employees, the City of Oronogo shall contribute and match any contribution
made by an eligible employee (full-time permanent employees) up to
a maximum of six percent (6%) of such employee’s annual compensation,
not to exceed three thousand six hundred dollars ($3,600.00) annually.
The amount of any City contributions may be modified by ordinance
prior to the adoption of any annual budget.
[Ord. No. 22-24, 6-13-2022; Ord.
No. 23-19, 5-22-2023]
[CC 1994 §21.160; Ord. No. 94.10, 5-16-1994]
A.
The
Mayor, Municipal Judge and City Clerk are hereby empowered and authorized
to administer oaths or affirmations in the following cases:
1.
The Mayor, to witness or other persons concerned with any subject
under consideration by the Board of Aldermen in which the interest
of the City is involved.
2.
The Municipal Judge, to witnesses, jurors, or other persons relating
to any trial or other proceedings within the jurisdiction of his/her
court.
3.
The City Clerk, to any person certifying to any demand or claim against
the City concerning the correctness of the same.
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 (1st) 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.
