Jefferson County, MO Article III Legislative Branch

Section 3.1 General Powers and Duties; Name.

All legislative powers of Jefferson County are vested in a body whose official name is "Jefferson County, Missouri, Council".

Section 3.2 Council Members.

3.2.1. Until January 1, 2011, the County Council is to consist of three Council Members. These three Council Members are to be the two Persons who were elected as Associate Commissioners of Jefferson County at the general election in November, 2008, and the person who was the Presiding Commissioner of Jefferson County when this Charter was adopted. The terms of all three of these Council Members expire on January 1, 2011.

3.2.2. Beginning on January 1, 2011, the County Council is to consist of seven Council Members. One Council Member is to be elected from each of the initial seven Council Districts. The number of Council Members and Council Districts may change after each decennial census as provided in this Charter.

3.2.3. Council Members are to be elected at every general election commencing with the general election in November, 2010. The terms of all Council Members elected at a general election are to commence on the January 1st immediately following the election.

3.2.4. The terms of Council Members are staggered as follows:

3.2.4.1. All Persons who are elected at the general election in November, 2010, from even numbered Council Districts are to serve for terms of two years each. All Persons who are elected at a general election after November, 2010, from even numbered Council Districts are to serve for terms of four years each.

3.2.4.2. All persons who are elected from odd numbered Council Districts are to serve for terms of four years each.

Section 3.3 Qualification Requirements For Council Members.

To be qualified to be elected as a Council Member, a Person must meet the general qualification requirements in Section 12.2 at the time of filing for election and must be a resident of his or her Council District for the twelve months before he or she files for election. To be qualified to serve as a Council Member, a Person must meet the same requirements throughout his or her period of service.

Section 3.4 Legislative Powers.

3.4.1. The powers of the County Council conferred by this Charter are limited only as provided elsewhere in this Charter and by the Missouri Constitution.

3.4.2. The County Council has all legislative powers conferred by Missouri Law upon counties of the State of Missouri of whatever class and all offices, agencies and departments of counties of the State of Missouri of whatever class. The County Council also has all executive and other powers conferred by Missouri Law upon counties of the State of Missouri of whatever class and all offices, agencies and departments of counties of the State of Missouri of whatever class that are not conferred by this Charter upon the County Executive or other County Officers. The powers of the County Council include but are not limited to powers granted elsewhere in this Charter and the following:

3.4.2.1. Exercise all powers and duties now or hereafter conferred upon counties, County courts, County governing bodies and County Officers by Missouri Law and by this Charter and determine and make provision for any matter of County Government not otherwise provided in this Charter.

3.4.2.2. Set the compensation of members of boards and commissions and of all County Officers and County employees not under the Merit System as provided in this Charter and establish a basic monthly pay plan, including monthly flat rates for full time and part time personnel and session rates, for employees under the Merit System.

3.4.2.3. Appropriate money for the payment of debts and expenses of the County for any public purpose; and adopt an annual budget in accordance with the terms of this Charter.

3.4.2.4. Assess, levy, equalize, remit, and collect all taxes now or hereafter authorized by Missouri Law and prescribe a method or system to facilitate the assessment, calculation, extension and collection of taxes, including the design of books and forms and the purchase and installation of necessary mechanical devices and data processing systems.

3.4.2.5. Establish and collect fees for licenses, permits, inspections and services performed by County Officers and County employees; require all fees to be accounted for and paid into the County treasury.

3.4.2.6. Within the unincorporated areas of the County and, with the consent or agreement of the governing body of the affected Municipality or Special District, in the incorporated areas of the County, license, tax, and regulate all businesses, occupations, professions, vocations, activities, and other things that counties of the first class, including first class charter counties, are permitted to license, tax, or regulate by Missouri Law. Nothing in this Charter preempts the power of any Municipality or Special District to license, tax, and regulate businesses, occupations, professions, vocations, activities, and other things that they are permitted to license, tax, or regulate by Missouri Law.

3.4.2.7. Borrow money in anticipation of the collection of taxes and revenues for the current calendar year, but not in excess of ninety percent of the estimated collectible taxes and revenues for such year yet uncollected; determine the amount and terms of such loans, and authorize the County Executive to execute and issue warrants of the County to the lenders for all money borrowed as evidence of the loans and of the terms of the obligation of the County to repay the loans.

3.4.2.8. Acquire in the name of the County by purchase, gift, donation or otherwise, real and personal property, in fee simple title or otherwise; and acquire property by eminent domain in accordance with Missouri Law, subject to the limitations on the exercise of eminent domain elsewhere in this Charter, together with any easements, licenses and privileges over property in excess of that actually to be occupied by the public improvement as may be reasonably necessary to achieve the public purpose of the condemnation; and upon condemnation and payment of compensation and expenses as required by Missouri Law and this Charter, cause the title to the property condemned to vest in the County.

3.4.2.9. Rent or lease County properties and rent or lease other property for County use.

3.4.2.10. Dispose of any real property owned by the County, including but not limited to property acquired by condemnation as excess property, to the highest and best bidder by open and public competition unless made to a former or abutting owner or to the United States of America or any of its agencies or to the State of Missouri or any of its political subdivisions or municipalities; and authorize County Officers to dispose of personal property upon terms advantageous to the County.

3.4.2.11. Take and hold property in trust and provide for its administration.

3.4.2.12. Collect and dispose of sewage, offal, ashes, garbage and refuse, and license and regulate the collection and disposal of sewage, offal, ashes, garbage and refuse, and impose a charge for this service.

3.4.2.13. Provide for the disposal of any liquid, solid, semi-solid or gaseous waste, including but not limited to sewage, garbage, refuse, hazardous and toxic substances; license and regulate such disposal including discharge, deposit, injection, dumping, spilling, leaking or placing of any such waste or special waste into or on any land or water, or discharged into the air, or which may enter the environment; provide for a manifest identifying quantity, origin, routing and destination of hazardous, toxic and special waste during its transportation from the point of generation to the point of disposal, treatment or storage, according to applicable Law. The expenses of regulation and licensing under this Section are to be defrayed by fees from the licenses prescribed under this Section and to the extent that the license fees are not sufficient to fund the regulation and licensing, the difference is to be financed by County general revenue funds or grants from the State of Missouri or the United States of America.

3.4.2.14. Issue bonds as general obligations of the County or as obligations payable only from designated project revenues as authorized by Missouri Law.

3.4.2.15. Call elections to submit to the voters propositions for the issuance of bonds of the County.

3.4.2.16. Call elections for any lawful purpose, and establish election procedures consistent with applicable law.

3.4.2.17. Acquire, establish, construct, equip, improve, extend, repair, maintain, manage, and operate public hospitals, sanitariums, health centers, institutions and clinics, provided that no patient who is otherwise entitled to admission and treatment in any institution is to be denied medical care because of his or her inability to pay for it.

3.4.2.18. Acquire, establish and provide for the planning, development, construction, maintenance and operation of a system of parks, parkways, recreation, conservation, forest, scenic and historic sites and facilities, and establish reasonable charges for the use of the facilities.

3.4.2.19. Establish, open, locate, relocate and vacate public easements, rights of way, streets, alleys, public roads, highways and bridges; and construct, reconstruct, maintain and repair highways, streets, roads, sidewalks, bridges and culverts located in the County.

3.4.2.20. Provide for the location, relocation and establishment of highways and bridges into and through the County and for connecting highways within the County; and construct and maintain highways and bridges in the County.

3.4.2.21. Adopt codes, standards, or regulations relating to traffic, building, planning, electrical installations, fire prevention, food products, air and water pollution, and all other subjects which the County has power to regulate, provided that a copy of every code, standard or regulation as adopted and in effect must be kept in the Department of the County Clerk and open to public inspection.

3.4.2.22. Cooperate or join by contract or otherwise with any Municipality or Special District or agency thereof, or with the United States of America or any agency thereof, for the planning, development, construction, acquisition or operation of any public improvement or facility, or for a common service; and accept, in the name of the County, gifts, devises, bequests and grants-in-aid from any Municipality or Special District or agency thereof, or from the United States of America or any agency thereof.

3.4.2.23. Provide the terms upon which the County will perform any services and functions of any Municipality or Special District in the County by agreement of the Municipality or Special District.

3.4.2.24. Furnish or provide within the part of the County outside incorporated cities any service or function of any Municipality or Special District; provide for the creation of Special Districts or other districts in the unincorporated areas of the County within which may be provided police protection, fire protection, public water supply, streets, sidewalks, street lighting, sewers, sewage disposal facilities, garbage and refuse collection and disposal, and similar services and facilities as the voters in those districts approve by a majority of the votes cast on the proposition; and provide that the facilities are to be paid for from funds raised by any combination of special assessments, general taxation, sales taxes or service charges within those districts; and when authorized by Missouri Law, provide for assistance in consolidation of such functions with those now performed in existing districts when requested to do so by the districts. Nothing in this Section is to be construed as giving the County Council the ability to provide services or create districts that are in direct competition or conflict with any existing Municipality or district.

3.4.2.25. Grant exclusive and non-exclusive franchises in the name of the County, provided that the period of any franchise is not to exceed twenty years.

3.4.2.26. Adopt Ordinances, rules and regulations that are necessary or appropriate to effectuate the provisions of this Charter and adopt rules and regulations that are necessary or appropriate to effectuate the provisions of Ordinances; and provide for the enforcement of Ordinances, rules and regulations by penalties not exceeding for any one offense the penalties provided under Missouri Law for Class A Misdemeanors.

3.4.2.27. Establish procedures for the conduct of investigations by the County Council or any of its committees of any question or matter on which the County Council may lawfully take action, including but not limited to the power to issue subpoenas for witnesses and subpoenas duces tecum for books, records and documents; provide penalties for the failure to answer any subpoena or subpoena duces tecum, and provide for the service of subpoenas and subpoenas duces tecum by the Sheriff or any of the deputies of the Sheriff.

3.4.2.28. Establish a County municipal court with jurisdiction to hear and determine such cases involving violations of this Charter and violations of Ordinances, subject to appeal by any party to the circuit court in the same manner as provided by Missouri Law for appeals from associate circuit courts in criminal cases; and authorize the municipal court to accept jurisdiction to hear and determine cases involving violations of ordinances of any Municipality in the County.

3.4.2.29. Establish uniform procedures governing purchases of property by the County and contracts for providing property or services to the County, all of which must be based upon competitive bids in accordance with Missouri Law except in those instances authorized by Ordinance and permitted by Missouri Law.

3.4.2.30. Provide for disaster planning and civil defense as required by Law or deemed appropriate for the County by the County Council.

3.4.2.31. Provide for long range plans for the future physical development of the County while conserving its natural resources, insuring the efficient expenditure of public funds and promoting the health, safety, convenience, prosperity and general welfare of the Citizens of the County. Every long range plan must state the policies and goals of the County regarding the matters covered by that plan. Long range plans must include the following, as relevant to the particular plan: policies and goals regarding residential, recreational, agricultural, commercial, and industrial uses and other uses of real property in the unincorporated parts of the County; policies and goals that influence private and public investment so as to achieve desirable patterns of development in the County; policies and goals regarding development and improvement of the highway and road system in the County; policies and goals regarding the development of airports, parks, playgrounds and other public open spaces in the County; policies and goals regarding the general location, relocation and improvement of public buildings; policies and goals, formulated in cooperation with affected public and private utilities, regarding the general location and extent of public utilities and terminals, whether publicly or privately owned, for water, sewerage, light, power, transit and other purposes; policies and goals regarding adequate drainage facilities and storm water control; and policies and goals regarding such other matters as may be beneficial to the County. Every long range plan must contain a statement of the objectives, standards and principles on which it is based. Every long range plan must be based on well-designed studies of physical, social, economic and governmental conditions and trends and must be designed to assure the coordinated development of the County and to promote the general welfare and prosperity of its Citizens. Every long range plan approved by the County Council must be made available in paper or Electronic Form upon request at a cost fixed by the County Council. The County Council must from time to time review the long range plans to assure that they conform to the current policies and goals of the County. This review must occur before January 1, 2012, and thereafter not less frequently than once every five years.

3.4.2.32. Establish a land use plan for the unincorporated parts of the County that conforms to the long range plans; provide for limitations on the uses of parcels of real property in the unincorporated parts of the County according to zoning districts established by the County Council in conformity with the long range plans; provide for the regulation of subdivisions of real property in unincorporated parts of the County and establish requirements and standards for improvements to be built in subdivisions of real property in unincorporated parts of the County; provide for the protection of public health; and provide for law enforcement and the regulation of traffic.

3.4.2.33. Establish a pension and retirement plan, including death benefits, for employees of the County and the spouses and minor children of deceased employees.

3.4.2.34. Determine and make provision for any matter of County Government not otherwise provided for in this Charter, including transition to the form of government provided by this Charter from the form of government that existed prior to the adoption of this Charter.

3.4.2.35. If any doubt exists among County Officers or members of commissions or boards regarding which Department, Division, County Officer, commission or board of the County existing when this Charter was adopted is to exercise or perform any power or duty conferred or imposed by Missouri Law or by this Charter, specify which Department, Division, County Officer, or board or commission is to have that power or duty.

3.4.2.36. Enact and adopt Ordinances, resolutions, rules and regulations that are necessary or appropriate to the exercise of any the foregoing powers.

3.4.3. In addition to the other powers conferred upon the County Council by this Charter, the County Council has the power, by order or resolution, to do the following:

3.4.3.1. Correct errors in assessment records and tax records and compromise taxes as provided by Missouri Law;

3.4.3.2. If the resolution or order so providing is adopted by a majority of All Council Votes, subpoena witnesses and order the production of books and papers relating to any subject matter within its jurisdiction, in furtherance of which the County Council may command the Sheriff or any of the deputies of the Sheriff to execute its process and to arrest any person refusing to obey its subpoena or order. Each day a person refuses to obey its subpoena or order is a separate offense; and

3.4.3.3. Exercise and perform any and all other powers of a non-legislative nature which it may possess and any and all other duties which it may need to or be required to perform by Law or this Charter.

Section 3.5 Legislative Procedures.

3.5.1. Bills and resolutions are to be introduced by a member or members of the County Council or by the County Council as a whole. Each must be in written or printed form. Except for items on the consent agenda as provided in this Charter, Bills must be read three times. At least two of the readings must be at separate meetings unless the Bill is treated as an emergency Bill as provided in this Charter. Resolutions need be read only once. If a Bill or resolution is not more than two pages long, it must be read aloud in its entirety the first time. If it is more than two pages long, the first reading may be by title only if written copies are made available to the public at least thirty-six hours prior to the time scheduled for the first reading. Each may be referred to by title only for the second and third reading and for final passage. The enacting clause of all Ordinances must read: "Be It Enacted By The Jefferson County, Missouri, Council."

3.5.2. The affirmative vote of a majority of the Council Members present is necessary to pass any resolution. Unless this Charter requires otherwise in a particular instance, the affirmative vote of a majority of All Council Votes is necessary to pass any Bill or to consent to or approve any action of the County Executive for which this Charter requires the approval or the advice and consent of the County Council.

3.5.3. Unless a Bill is treated as an emergency Bill as provided in this Charter, no final vote by the County Council may be taken until ten days elapses from the time that a Bill is first introduced. A Bill which has been introduced may be amended after introduction and prior to its final passage, but any amendment must be germane to the original purpose of the Bill. No section of any Ordinance may be amended unless the section amended is stated in full as amended in the Bill by which the amendment is to be made. Upon the final passage of any Bill or resolution, and on any other question put to a vote, the "Yes" or "No" vote of each Council Member voting must be entered in the journal of the County Council. All Bills, Ordinances, resolutions, orders, journals and proceedings of the County Council are public records and must be available for public inspection.

3.5.4. The County Council must specify the effective date of each Ordinance. The effective date of an Ordinance may be any time after its approval by the County Executive, except that no Ordinance providing a penalty for its violation may be effective sooner than thirty days after its publication in full in a legal publication, or in a newspaper of general circulation in the County, and posted in a public place in each Council District and on a County sponsored web page on the internet in Electronic Form.

3.5.5. All Ordinances providing a penalty for their violation must specify whether enforcement of the Ordinance is to be the responsibility of the County Counselor or the Prosecuting Attorney.

3.5.6. All bills passed by the County Council must be presented to the County Executive within five days after the date of passage. If the County Executive approves the Bill and signs it, the Ordinance is to be deemed enacted. If not so approved and signed by the County Executive, the Bill is to treated as a vetoed Bill and must be returned to the County Council with the written objections of the County Executive. The County Council must enter the objections of the County Executive in its journal. If a Bill is not returned by the County Executive within twenty days after it has been presented to him or her, the bill is to be deemed approved by the County Executive, as if signed.

3.5.7. The County Council may reconsider a vetoed Bill provided that it does so within thirty days after the Bill is returned. A reconsidered Bill must be read at least once and may be read by title only if it is more than two pages in length and written copies are made available to the public at least thirty-six hours prior to the time scheduled for the first reading.

3.5.8. After reconsideration, a vetoed Bill may be passed over the objections of the County Executive by an affirmative vote of 2/3rds of All Council Votes.

3.5.9. To meet a public emergency that will immediately and adversely affect life, the public peace, health, property, safety or welfare, emergency Bills may be introduced to enact emergency Ordinances. An emergency Bill is to be introduced in the same form and manner prescribed for non-emergency Bills, except that it must be plainly designated as an emergency Bill. An emergency Bill must contain in its body a declaration that an emergency exists and state the facts supporting that conclusion in clear and specific terms. To pass, an emergency Bill must either (1) receive the affirmative vote of at least 2/3rds of All Council Votes, or (2) receive the affirmative vote of at least a majority of All Council Votes and be signed by the County Executive. If passed as provided in clause (1), the Ordinance is to take effect immediately upon its enactment. If passed as provided in clause (2), the Ordinance is to take effect immediately when it is signed by the County Executive.

3.5.10. The County Executive must prepare an agenda for every meeting of the County Council. The form of the agenda must conform to the procedural rules adopted by the County Council as provided in this Charter. The first item of business listed on every agenda must be consideration and approval of the agenda itself. The County Council by majority vote may add or remove items on any agenda prepared by the County Executive, or direct the County Executive to add or remove items on the agenda for the next ensuing meeting, provided that the requirements of this Charter and the procedural rules adopted by the County Council as provided in this Charter for the publication, reading and consideration of Bills, resolutions and orders are complied with. The County Executive may also prepare a consent agenda listing Bills or resolutions pertaining to the award or acceptance of agreements, contracts, bids, change orders or addenda to contracts. Items on the consent agenda may be adopted without a second or third reading.

3.5.11. The County Executive is to preside at all meetings of the County Council. In that capacity, the County Executive is to preserve order at the meetings and enforce the procedural rules adopted by the County Council as provided in this Charter.

3.5.12. The County Executive may speak at County Council meetings concerning any matter on the agenda, but may not vote on any matter except to break a tie vote on the adoption of a resolution.

3.5.13. At its first meeting in January of every year, the County Council must elect a Chair and a Vice-Chair from among the Council Members. The Chair and the Vice-Chair are to serve at the pleasure of the County Council. The Chair is to perform the functions of the County Executive at meetings of the County Council in the County Executive's absence. The Vice-Chair is to perform the functions of the County Executive at meetings of the County Council in the absence of the County Executive and the Chair. The Chair and the Vice-Chair do not have any other powers of the County Executive, including but not limited to the power to veto a Bill or to vote to break a tie on any matter.

3.5.14. The County Council must meet regularly, no less than twice each month, on the dates and at the places it prescribes by resolution. Special meetings may be held on the call of the County Executive, the Chair or a majority of the serving Council Members. Special meetings are to be called on no less than twenty-four hours' notice to each Council Member. All meetings must be open to the public except as explicitly permitted otherwise by Missouri Law and must commence no earlier than 6:00 p.m. except in the case of an emergency.

3.5.15. A majority of the serving Council Members constitutes a quorum for the conducting of its business. If a quorum is not present at a Council Meeting, the only matter upon which the County Council may act is to adjourn the meeting to its next regularly scheduled date and time.

3.5.16. The County Council must adopt by resolution its own rules of procedure that are consistent with this Charter to govern the conduct of its business and meetings.

3.5.17. The agenda for each meeting of the County Council, other than an emergency meeting, and all Bills to be considered at the meeting must be posted not less than 72 hours before the meeting in paper form in a conspicuous place near the chamber where the County Council is to meet and also on a County sponsored web page on the internet in Electronic Form.

3.5.18. The County Council must provide for the keeping by the County Clerk of a journal of the proceedings of the County Council and all Ordinances, resolutions and orders adopted by it. The journal is to be a public record.