City of Branson West, MO
Stone County
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Table of Contents
Table of Contents
[CC 1997 §2-1]
The term "officer", whenever used in this Revised Code or other ordinance of this City, shall include every person holding any station under the City Government or its departments with an annual salary or for a definite term of office, whether he/she is elected or appointed to such office or station.
[CC 1997 §2-7; Ord. No. 1140, 9-12-1996]
It shall be unlawful for any officer of the City to neglect or willfully refuse to discharge any of the duties, or directives of the Board of Aldermen, imposed upon such officer.
[CC 1997 §2-8]
A. 
Any elective officer of the City may, for cause shown, be removed from the office by the Mayor, with the consent of a majority of all the members elected to the Board of Aldermen, or 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. Among other cause, any of the following shall be deemed good and sufficient grounds for any such removal:
1. 
Any willful violation of any official obligation.
2. 
Culpable negligence or dereliction of duty.
3. 
Incompetence.
4. 
Willful misconduct in office.
5. 
Abuse of authority in official capacity.
6. 
Any act inconsistent with official duty.
B. 
Before any elective officer shall be removed from office, charges shall be made in writing and preferred against him/her either by the Mayor or some member of the Board of Aldermen. Immediately after such charges shall have been preferred, the Board of Aldermen shall fix a time and place for investigating such charges, and the Police Chief shall serve the person so charged with a written copy of said charges and with a written notice of the time and place fixed by the Board for investigating the same. Such notices shall be served upon the accused in the usual manner of serving summons as provided by the State Statute. On the day set for the hearing of the cause, the Board of Aldermen shall meet and proceed, according to such rules as it may adopt, to hear the evidence against and in favor of the accused, and the Board may adjourn from time to time as may be necessary, until all the evidence shall have been taken. The rules of evidence as applied in Circuit Courts of the State of Missouri shall not apply unless expressly adopted by the Board of Aldermen. The Board of Aldermen shall vote by "ayes" and "nays" upon the charges separately, and the question voted upon shall be "Is the accused guilty?" If the accused is found guilty as provided in Subsection (A) of this Section, he/she shall be removed from office; provided however, that he/she shall not be so removed except by order made and entered of record in which shall be stated the grounds for such removal.
C. 
If the Board finds by a two-thirds (2/3) vote that probable cause exists of the wrongful conduct charged, and that the interests of the City could be harmed if the officer charged were to remain in office pending resolution of the investigation, the Board may suspend the officer until the issue of removal is resolved.
D. 
Subpoenas for witnesses in such cases may be issued by the Mayor, or person acting as such, and shall be served and returned by the Police Chief in the same manner as if such subpoenas were issued out of any court of justice. The Board of Aldermen shall have the authority to compel witnesses to testify and produce papers and records relating to the charges against the accused. Depositions may be taken and read in the same manner as in courts of record. At the conclusion of the evidence, argument may be heard according to the rules of practice in criminal courts.
E. 
When the Mayor is the accused, the Board of Aldermen shall elect one (1) of its members to preside during the hearing of such accusation.
[1]:
State Law Reference — Removal of elective officers, §79.240, RSMo.
[CC 1997 §2-9; Ord. No. 1206 §2-9, 3-24-1998]
Any appointive officer of the City may be suspended or removed from office by the City Administrator; provided however, that before any appointed officer is suspended or removed from office, an order therefor shall be made and entered of record in which shall be specifically stated the grounds for such suspension or removal.
[1]:
State Law Reference — Removal of appointive officers, §79.240, RSMo.
[CC 1997 §2-10]
Any person desiring to resign his/her office or employment under the City shall do so in writing. All resignations shall be addressed to the Mayor and the Board of Aldermen, and may be placed in the hands of the Mayor or the City Clerk, and shall be submitted to the Board of Aldermen at its first (1st) meeting after the same is received. The Board of Aldermen shall immediately take action, and no office or position shall be deemed vacant, until such resignation has been duly accepted by the Board of Aldermen.
[CC 1997 §2-11]
No City Officer or employee of the City shall be allowed to retain in his/her hands any of the public money collected or paid to him/her under the pretense of payment for his/her past services, but they shall pay over all such money monthly into the City Treasury, and give an itemized account of the same at the first (1st) meeting of the Board of Aldermen in each and every month.
[CC 1997 §2-13; Ord. No. 1242 §2-13, 1-8-2002]
No City Official shall be directly or indirectly interested in any contract or agreement with the City, formal or informal, without first fully disclosing his/her interest and being subject to the same bidding requirements as apply to all other like situated individuals. This disclosure is in addition to any additional requirements which may restrict voting on an issue, where applicable.
[CC 1997 §2-14]
City Officers shall report annually to the Board of Aldermen, which report shall embrace a full statement of the receipts and expenditures of their respective offices, and such other matters as may be required by the Board of Aldermen.
[1]:
State Law Reference — Similar provisions, §79.340, RSMo.
[CC 1997 §2-15]
Any failure on the part of any City Officer to pay into the Treasury of the City any balance reported by the Mayor to be due from him/her to the City upon the adjustment of his/her account shall cause a forfeiture of his/her office, and such balance shall bear interest at eight percent (8%) from the time it should have been accounted for until it shall have been paid into the Treasury.
[CC 1997 §2-16]
The Mayor shall immediately order suit to be commenced in the proper court against the delinquent officer or his/her bondsmen for such balance as shall be due under Section 115.090.
[CC 1997 §2-17]
The Board of Aldermen shall have the power to fix the compensation of all the officers and employees of the City; but the salary of an officer shall not be changed during the time for which he/she was elected or appointed.
[1]:
State Law Reference — Salaries fixed by ordinance, §79.270, RSMo.
[Ord. No. 1248 §2-19, 1-14-2003; Ord. No. 58-2008 §1, 8-12-2008; Ord. No. 96-2010 §1, 8-16-2010; Ord. No. 9-2012 §1, 8-14-2012]
A. 
The City's elected officials and the City Administrator shall disclose in writing the following described transactions by May first (1st), if any such transactions were engaged in during the previous calendar year:
1. 
For such person, and all persons within the first degree of consanguinity or affinity of such person, the date and the identities of the parties to each transaction with a total value in excess of five hundred dollars ($500.00), if any, that such person had with the City, other than compensation received as an employee or payment of any tax, fee or penalty due to the City, and other than transfers for no consideration to the City; and
2. 
The date and the identities of the parties to each transaction known to the person with a total value in excess of five hundred dollars ($500.00), if any, that any business entity in which such person had a substantial interest, had with the City, other than payment of any tax, fee or penalty due to the City or transactions involving payment for providing utility service to the City, and other than transfers for no consideration to the City.
3. 
The City Administrator shall also disclose in writing by May first (1st) for the previous calendar year the following information:
a. 
The name and address of each of the employers of such person from whom income of one thousand dollars ($1,000.00) or more was received during the year covered by the statement;
b. 
The name and address of each sole proprietorship which he/she owned; the name, address and the general nature of the business conducted of each general partnership and joint venture in which he/she was a partner or participant; the name and address of each partner or coparticipant for each partnership or joint venture unless such names and addresses are filed by the partnership or joint venture with the Secretary of State; the name, address and general nature of the business conducted of any closely held corporation or limited partnership in which the person owned ten percent (10%) or more of any class of the outstanding stock or limited partners' units; and the name of any publicly traded corporation or limited partnership which is listed on a regulated stock exchange or automated quotation system in which the person owned two percent (2%) or more of any class of outstanding stock, limited partnership units or other equity interests; and
c. 
The name and address of each corporation for which such person served in the capacity of director, officer or receiver.
B. 
Duplicate disclosure reports made pursuant to this Section, on forms provided by the Missouri Ethics Commission, shall be filed with the Ethics Commission and the City Clerk by May first (1st) and the statement shall cover the calendar year ending the immediately preceding December thirty-first (31st). The City Clerk shall maintain such disclosure reports available for public inspection and copying during normal business hours.
[1]:
State Law Reference — Public officers and employees — miscellaneous provisions, §105.483, RSMo.
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.