[CC 1999 §2-92; Ord. No. 90-33, 10-29-1990]
Any elected officer of the City may be removed from office by
a two-thirds (2/3) vote of all of the members of the City Council.
However, said officer shall first be given notice of these proceedings
and shall have the opportunity, together with his/her witnesses, to
be heard before the Council. The officer which is the subject of the
proceedings shall be disqualified from participating in any vote of
the Council pertaining to said removal. All other employees or officers
of the City shall be employees at will and subject to removal according
to the proceedings of the Personnel Policies Handbook.
[CC 1999 §2-93]
Any officer or employee of this City may be required, before
entering upon the duties of his/her office, to file bond, with sufficient
security, approved by the Mayor, in such sum as shall be required,
conditioned for the faithful discharge of his/her duties.
[CC 1999 §2-94; R.O. 1962 §137; Ord. No. 2001-39 §1, 4-9-2001]
It shall be the duty of the officers and employees of the City
before entering upon the duties of his/her office to take and subscribe
the following oath or affirmation:
OATH OF OFFICE
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STATE OF MISSOURI
COUNTY OF LIVINGSTON
CITY OF CHILLICOTHE
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I, ____________________________, resident of the City of Chillicothe,
do solemnly swear that I will support the Constitution of the United
States and State of Missouri; and that I will, to the best of my ability,
diligently and faithfully, without partiality or prejudice, discharge
the duties of ____________________________ in and for the City of
Chillicothe, according to the Charter and ordinances of said City
and the Constitution and the laws of the State of Missouri.
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Subscribed and sworn to before me this ______ day of __________________,
20____.
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City Clerk
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[Ord. No. 2003-107 §1(2-96), 10-28-2003]
A. Any
officer or employee who is liable for the payment of any claims or
damages arising out of the course and scope of employment shall be
entitled to indemnification by the City; provided that the acts or
omissions resulting in such liability were done in good faith and
without malicious or felonious intent and, further provided, that
the City is not prejudiced by any delay in notice of the act, omissions
or claim.
1. The City shall not be liable hereunder for any settlement of any
such claim or suit effected without the City's consent and the City
reserves the right to assert any defense and make any settlement of
any claim or suit that the City deems expedient and in the City's
best interest.
2. Whether the acts were done in good faith, without malicious or felonious
intent and within the course and scope of employment shall be determined
by the City, and such determination shall be final for the purposes
of the representation and indemnity of this Section.
3. The officer or employee will cooperate fully with the City in preparation
and presentation of the case and the failure to cooperate will waive
such officer's or employee's right to representation and indemnity
under this Section.
B. The
City shall have the right and duty to provide legal representation
through the City Attorney or, in the City's discretion through the
selection of outside legal counsel, to any officer or employee at
no cost to the officer or employee sued in connection with any claim
for damages or other civil action against such persons arising out
of the course and scope of employment, provided such officer or employee
is entitled to indemnification as set forth in this Section.
1. Any officer or employee may have his/her own counsel assist in the
defense at the sole expense of the officer or employee.
[Ord. No. 2000-74 §§1
— 5, 7-31-2000; Res. R3-2004 §§1
— 5, 8-9-04; Res. R4-2010 §§1 — 5, 8-9-10]
A. Declaration Of Policy. The proper operation of municipal
government requires that public officials and employees be independent,
impartial and responsible to the people; that government decisions
and policy be made in the proper channels of the governmental structure;
that public office not be used for personal gain; and that the public
have confidence in the integrity of its government. In recognition
of these goals, there is hereby established a procedure for disclosure
by certain officials and employees.
B. Conflicts Of Interest. The Mayor or any member of the City
Council who has a substantial personal or private interest, as defined
by the State law, in any bill shall disclose on the records of the
City Council the nature of his/her interest and shall disqualify himself/herself
from voting on any matters relating to this interest.
C. Disclose Reports. Each elected official, the City Administrator
and the general counsel (if employed full-time) shall disclose in
writing the following information 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 political subdivision,
other than compensation received as an employee or payment of any
tax, fee or penalty due to the political subdivision, and other than
transfers for no consideration to the political subdivision; and
2. The date and 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 political subdivision, other
than payment of any tax, fee or penalty due to the political subdivision
or transactions involving payment for providing utility service to
the political subdivision.
3. The City Administrator also shall 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 for
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 that 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
co-participant 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 and 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 partnership units; and the name of
any publicly traded corporation or limited partnership that 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;
c. The name and address of each corporation for which such person served
in the capacity of a director, officer or receiver.
D. Filing Of Reports. The reports, which are on file in the
City offices, shall be filed with the City Clerk and with the Missouri
Ethics Commission. The reports shall be available for public inspection
and copying during normal business hours.
E. When Filed. The financial interest statement shall be filed
at the following times, but no person is required to file more than
one (1) financial interest statement in any calendar year:
1. Each person appointed to office shall file that statement within
thirty (30) days of such appointment or employment.
2. Every other person required to file a financial interest statement
shall file the statement annually not later than May first (1st) and
the statement shall cover the calendar year ending the immediately
preceding December thirty-first (31st); provided that any member of
the City Council may supplement the financial interest statement to
report additional interest acquired after December thirty-first (31st)
of the covered year until the date of filing of the financial interest
statement.
F. Filing Of Resolution. The City Clerk shall send a certified
copy of this resolution to the Missouri Ethics Commission within ten
(10) days of its adoption.