[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:
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; Ord. No. 3-2014, 8-24-2014; Ord. No. 8-2016, 8-9-2016; Ord. No. 5-2018, 7-24-2018; Ord.
No. 6-2020, 8-5-2020]
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.
