No person shall be Mayor unless he/she be at least thirty (30)
years of age, a citizen of the United States and a resident of such
City at the time of and for two (2) years next preceding his/her election.
When two (2) or more persons shall have an equal number of votes for
the office of Mayor, the matter shall be determined by the Council.
No person shall be Council member unless he/she is at least
twenty-one (21) years of age prior to taking office, a citizen of
the United States, and an inhabitant of the City for one (1) year
next preceding his/her election, and a resident of the ward from which
he/she is elected six (6) months next preceding his/her election.
Whenever there is a tie in the election of a Council Member, the matter
shall be determined by the Council.
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, except appointed officers,
must be residents 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.
At the first (1st) regular meeting of the City Council after
the election in each year, which meeting shall occur at the time fixed
by ordinance, but shall not be later than the fourth (4th) Tuesday
in April, the Council shall elect one (1) of its members President
Pro Tem who shall hold his/her office for the term of one (1) year,
and who, in the absence of the Mayor, shall preside at the meetings
of the Council; provided that in the absence of the Mayor and President
Pro Tem, the Council may select one (1) of its members present to
preside at such meetings, who shall be styled "Acting President Pro
Tem".
The Mayor and Council of each City governed by this Chapter
shall have the care, management and control of the City and its finances,
and shall have power to enact and ordain any and all ordinances not
repugnant to the Constitution and laws of this State, and such as
they shall deem expedient for the good government of the City, the
preservation of peace and good order, the benefit of trade and commerce,
and the health of the inhabitants thereof, and such other ordinances,
rules and regulations as may be deemed necessary to carry such powers
into effect, and to alter, modify or repeal the same.
The Mayor shall be President of the Council and shall preside
over same, but shall not vote except in case of a tie in said Council,
when he/she shall cast the deciding vote; but provided however, that
he/she shall have no such power to vote in cases when he/she is an
interested party. He/she shall have the superintending control of
all the officers and affairs of the City, and shall take care that
the ordinances of the City and the State laws relating to such City
are complied with.
A.
When
any vacancy shall happen in the office of Mayor by death, resignation,
removal from the City, removal from office, refusal to qualify or
otherwise, nominations of a successor may be made by any member of
the Council and selected with the consent of a majority of the members
of the Council. The Council may adopt procedures to fill any such
vacancy consistent with this Section. In the case of a temporary absence
of the Mayor or disability to perform the duties of his/her office,
the President Pro Tem of the Council shall perform the duties of Mayor
until the Mayor shall return or such disability be removed, and during
the time the President Pro Tem of the Council shall act as Mayor,
the President Pro Tem shall receive the same compensation that the
Mayor would be entitled to.
B.
Vacancies, How Filled — Other Offices. If a vacancy
occurs in any elective office other than the office of Mayor, 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 Council. The Council may adopt procedures to fill vacancies
consistent with this Section. The successor shall serve until the
next available regular municipal April election. If a vacancy occurs
in any office not elective, the Mayor shall appoint a suitable person
to discharge the duties of the same until the first (1st) regular
meeting of the Council thereafter, at which time the vacancy shall
be permanently filled.
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 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 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 Council, independently of the Mayor's approval or recommendation.
The Council may pass ordinances regulating the manner of impeachment
and removals.
The style of the ordinances of the City shall be: "Be it ordained
by the Council of the City of Chaffee, as follows:" No ordinance shall
be passed except by bill, and no bill shall become an ordinance unless
on its final passage a majority of the members elected to the Council
shall vote therefor, and the "ayes" and "nays" shall be entered on
the journal. Every proposed ordinance shall be introduced to the Council
in writing and shall be read by title or in full two (2) times prior
to passage, both readings may occur at a single meeting of the Council.
If the proposed ordinance is read by title only, copies of the proposed
ordinance shall be made available for public inspection prior to the
time the bill is under consideration by the Council. No bill shall
become an ordinance until it shall have been signed by the officer
presiding at the meeting of the Council at which it shall have been
passed. When so signed, it shall be delivered to the Mayor for his/her
approval and signature, or his/her veto.
Every bill presented to the Mayor and returned to the Council
with the approval of the Mayor shall become an ordinance, and every
bill presented as aforesaid, but returned with his/her objections
thereto, shall stand reconsidered. The Council shall cause the objections
of the Mayor to be entered at large upon the journal, and proceed
at its convenience to consider the question pending, which shall be
in this form: "Shall the bill pass, the objections of the Mayor thereto
notwithstanding?" The votes on this question shall be taken by "ayes"
and "nays" and the names entered upon the journal, and if two-thirds
(2/3) of all the members-elect shall vote in the affirmative, the
President shall certify the fact on the roll, and the bill thus certified
shall be deposited with the proper officer, and shall become an ordinance
in the same manner and with like effect as if it had received the
approval of the Mayor. The Mayor shall have power to sign or veto
any ordinance passed by the City Council, and shall also possess the
power to approve all or any portion of the general appropriation bill,
or to veto any item or all of the same; provided that should he/she
neglect or refuse to sign any ordinance and return the same with his/her
objections, in writing, at the next regular meeting of the Council,
the same shall become a law without his/her signature.
The Mayor shall also have the power to veto any resolution or
order of the Council which calls for or contemplates the expenditure
of the revenues of the City. Such vetoes shall be noted on the journal
of the Council, and shall be effective and binding unless the Council,
at a subsequent session thereof, general or special, shall pass said
resolution or order by a vote of three-fourths (¾) of all the
members elected to the Council.
The Council shall cause to be kept a journal of its proceedings,
and the "ayes" and "nays" of the members shall be entered on any question
at the desire of any two (2) members. The Council may prescribe and
enforce such rules as may be necessary to secure the attendance of
its members and the expeditious transactions of its business.
The Mayor shall be active and vigilant in enforcing all laws
and ordinances for the government of the City, and he/she shall cause
all subordinate officers to be dealt with promptly for any neglect
or violation of duty, and he/she is hereby authorized to call on every
male inhabitant of the City, over eighteen (18) years of age and under
fifty (50), to aid in enforcing the laws.
The Mayor shall have power to remit fines and forfeitures and
to grant reprieves and pardons for offenses arising under ordinances
of the City, but this Section shall not be so construed as to authorize
the Mayor to remit any costs which may have accrued to any officer
of the City by reason of any prosecution under the laws or ordinances
of said City.
The Mayor shall, from time to time, communicate to the Council
such measures as may, in his/her opinion, tend to the improvement
of the finances, the Police, health, security, ornament, comfort and
general prosperity of the City.
The Mayor shall have power to require, as often as he/she may
deem it necessary, any officer of the City to exhibit his/her accounts
or other papers or records, and to make report to the Council, in
writing, touching any subject or matter pertaining to his/her office.
The Mayor shall sign the commissions and appointments of all
City Officers elected or appointed in the City, and shall approve
all official bonds.
The Council shall have power 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 power
to call on the proper officer of the City, or of the County in which
such City is located, to execute such process. The officer making
such service shall be entitled to receive therefor such fees as are
allowed by law for similar service, to be paid by the City. The President
of the Council, or President Pro Tem, shall have power to administer
oaths to witnesses.
The budget or any authorization to expend funds shall be approved
by an ordinance, motion, or resolution that is approved by a majority
of all the members elected to the Governing Body.
The Council shall publish a full and detailed statement of the
receipts and expenditures and indebtedness of the City at the end
of each fiscal year and six (6) months after the end of each fiscal
year in a newspaper of general circulation in the City. Each such
statement shall be for the six (6) month period preceding the date
of the statement.
The Council shall have power to fix the compensation of the
officers and employees of this City by ordinance or resolutions but
except as to personnel of a merit system police department whose salary
schedules may be revised by the Council upon recommendation of the
Personnel Board; but the salary of an officer shall not be changed
during the time for which he/she was elected or appointed.
[CC 1978 §105.020]
Regular meetings of the City Council shall be held in the Council
chamber of the City Hall in said City at 7:00 P.M. on the first (1st)
and third (3rd) Mondays of each month.
[CC 1978 §105.030; Ord. No. 518 §3]
Special meetings may be called at any time by the Mayor or by
any two (2) members of the Council. Whenever a special meeting is
called, the Chief of Police shall be required to notify each member
of the Council of the day and hour fixed for each meeting. Such notice
may be served verbally or by leaving a written copy of the notice
of said meeting at the residence of each member of the City Council
to be notified, with some member of said Council Member's family over
the age of fifteen (15) years.
[CC 1978 §105.050; Ord.
No. 110.240, 5-6-2024]
A.
All
members of the City Council shall attend all meetings of said body.
A Council Member's seat shall be deemed vacant if:
B.
Policy
Statement. While it is legally permissible for members of the City’s
public government bodies to attend meetings and vote via video conference
transmission, a member’s use of video conference attendance
should occur only sparingly because it is good public policy for citizens
to have the opportunity to meet with their elected officials face
to face. Elected officials should endeavor to be physically present
at all meetings unless video attendance is unavoidable.
C.
Video
Conference Defined. For purposes of this Section “video conference”
or “video conferencing” shall refer to a means of communication
where at least one (1) member of a public governmental body participates
in the public meeting via an electronic connection made up of two
(2) components:
1.
A live audio and video transmission that allows the member not present
to be seen and heard by those in physical presence and a live and
audio transmission allowing the member not physically present to see
and hear those in attendance.
If the member of the public governmental body not in attendance
becomes unable to be seen or heard, then the video conference participant
is deemed immediately absent until video conferencing is reestablished.
A video conference participants absence may compromise a quorum in
which case the applicable Missouri laws shall take effect regarding
a broken quorum.
D.
Prerequisites.
A Council Member and an Appointed Official shall be provided the opportunity
to attend a public meeting from a remote location if the Council Member
meets the following conditions:
1.
The Council Member and/or Appointed Official must notify the City
Clerk or designated personnel in writing or electronic communication
at least one (1) business day before the public meeting of his/her
intent to remotely participate in the public meeting.
2.
Council Members and/or Appointed Officials who participate remotely
and all persons present in the public meeting location shall be clearly
visible to the greatest extent practicable and audible to each other.
3.
The Council Member and/or Appointed Officials must assert one (1)
of the following reasons why he or she is unable to physically attend
a pubic meeting of the public governmental body of which he/she is
a member:
E.
Physical
Location. Members of the public may view the public meeting but cannot
verbally participate unless they wish to speak in the public comment
or public hearing section of the meeting if:
F.
Prerequisites
For Other Participants And City Staff.
1.
Out-of-town applicants, consultants, or other individuals/representatives
having official City business before the governing body may participate
remotely when:
2.
City staff may fully participate remotely in a public meeting when:
a.
Notifying the City Administrator and/or City Clerk, as well as the
Mayor/Chairman of that governing body in writing or electronic communication
of their intent with good cause at least one (1) business day prior
to the meeting.
b.
The individual must be clearly visible and audible to be heard by
the people in attendance of the meeting.
G.
Voting.
Elected members of a public governmental body attending a public meeting
of that governmental body via video conference are deemed present
for purposes of participating in a vote, including a roll call vote,
to the same extent as elected members of a public governmental body
in physical attendance at a public meeting of that governmental body
are deemed present. As indicated in Subsection above, if any component
of the video conference communication fails during the meeting, the
member attending the meeting by video conference whose connection
failed shall be deemed absent immediately upon such failure, and if
the public governmental body was in the act of voting, the voting
shall stop until all of the components of video conference attendance
are again restored and the video conference participant's presence
is again noted in the minutes or the member's remote attendance is
terminated or abandoned. If the connection with the member attending
the meeting by video conference fails during the voting process and
before the results are announced, the member's vote, if any, is nullified
and shall not be counted.
H.
Closed
Meetings. In a meeting where a member of a public governmental body
is participating via video conferencing and the meeting goes into
a closed session, all provisions of Missouri law and City ordinances
relating to closed sessions apply. Upon the public governmental body's
initiation of a closed meeting, all members of the general public
not required for purposes of the closed meeting and invited to the
attend by the public governmental body, shall be excluded. Likewise,
a member of a public governmental body participating via video conferencing
must ensure there are no members of the public present at their location
to see, hear, or otherwise communicate during the closed session.
Closed meetings shall not be recorded by video, audio, or other means
by either those in-person or virtually in attendance. The member must
also take all reasonable precautions to guard against interception
of communication by others. Failure to ensure the requirements of
this Subsection may result in corrective action by the full public
governmental body in accordance with City regulations, including the
termination of their video connection.
I.
Minutes.
In the meeting, whether in open or in closed session, the minutes
taken should reflect the member(s), if any, participating via video
conference, the members in physical attendance, and members, if any,
absent.
J.
Emergency
Meetings And Quorum. In the event that emergency circumstances prevent
the members of a public governmental body to physically attend, the
body may meet and vote by video conference without the requirement
that a quorum be physically present in the same place. Examples of
such emergency circumstances, include, but are not limited to, war,
riot, terrorism, widespread fire, or natural disaster, such as earthquake,
tornado, hurricane, flood, or blizzard. To the extent reasonably possible
in such circumstances, the public governmental body shall use reasonable
efforts to cause a physical location to be provided for public attendance
and participation. The nature of the emergency shall be recorded in
the minutes. If no emergency exists, a quorum of the public governmental
body shall be physically present at the physical location for which
notice of a meeting is provided.
[CC 1978 §105.060; Ord. No. 518 §6]
Upon a roll call of members of the City Council, the names of
the members shall be called alphabetically and the absentees noted,
after which the names of the absentees shall again be called and those
who do not appear may, if ordered by the Council, be sent for and
the Chief of Police or other Police Officer of the City, who shall
be directed by the Council, shall have power to bring such absentees
into the meeting.
[CC 1978 §105.070]
Five (5) Council Members shall constitute a quorum to do business
but not less than two (2) members may issue a call of the Council,
send for and compel the attendance of absent members and make an order
fining said members who fail, neglect, or refuse to attend any meeting
of the City Council.
[CC 1978 §105.080; Ord. No. 518 §8]
Parliamentary procedure of the City Council shall be governed
by "Robert's Rules of Order", latest edition.
[CC 1978 §105.090; Ord. No. 518 §9]
The order of business shall be as follows:
|
First
|
Message or statement from the President of the Council or the
Presiding Officer as to the cause of convening the Council in special
session.
|
|
Second
|
Disposition of the business mentioned in the call for special
session.
|
|
Third
|
Adjournment.
|
[Ord. No. 110.290, 5-6-2024]
A.
The
following shall be the compensation to be paid to the Mayor and Council
Members:
|
Employee/Official
|
Compensation
|
|---|---|
|
Council Member
|
$50.00 per meeting
|
|
City Mayor
|
$100.00 per meeting*
|
|
* This shall be in addition to the Mayor’s monthly compensation
of $175.00.
| |
