The elective officers of the City shall be those set out in Section 105.020 of this Code.
[CC 1974 §§115.160 — 115.190; Ord. No. 1077 §1, 4-7-1981; Ord.
No. 1110 §1, 9-6-1983]
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, Assistant City Attorney, Deputy City
Clerk, Street Commissioner, Water Superintendent, Water System Clerk,
Municipal Court Clerk and Office Manager 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.
A.
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.
B.
Nothing
in this Section shall be construed to authorize the Mayor, with the
consent of the majority of all the members elected to the Board of
Aldermen, or the Board of Aldermen by a two-thirds vote of all its
members, to remove or discharge any "chief," as that term is defined
in Section 106.273, RSMo.
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 Board of Aldermen shall fix the compensation of all the
officers and employees of the City by ordinance. The salary of an
officer shall not be changed during the time for which he/she was
elected or appointed.
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.
