[R.O. 2008 §115.010; Code 1968 §2-2; CC 1988 §2-81; Ord. No. 6488 §2-81, 3-13-1995; Ord. No. 16-2024, 7-22-2024]
A. 
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, except appointed officers, must be residents 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, forfeiture, or defalcation in office.
B. 
Officers Defined. The term "officers," whenever used in this Chapter, shall include any person holding any situation under the City Government or any of its departments, with an annual salary, or for a definite term of office, other than clerical or professional staff. Appointed committee, commission, or board members are not considered officers under this Chapter.
C. 
Definitions. As used in this Section, the following terms shall have these prescribed meanings:
CLERICAL STAFF
A person or persons employed in a public office, or as an officer of a court, whose duty is to keep records or accounts.
PROFESSIONAL STAFF
That person or persons whose knowledge, occupation, instructions, guidance or advisory position with regard to others is of such nature that it renders the person or persons in a unique category not ordinarily classified or available to those persons not already having acquired said skills.
[R.O. 2008 §115.020; Code 1968 §2-1; CC 1988 §2-82]
Every officer of the City and his/her assistants, and every Councilman, 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 in office; which official oath or affirmation shall be filed with the City Clerk. Every officer of the corporation, when required by law or ordinance, shall, within fifteen (15) days after his/her election or appointment, 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 shall be designated by ordinance, conditioned for the faithful performance of his/her duty, and that he/she will pay over all moneys 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 for the use of such person.
[R.O. 2008 §115.030; Code 1968 §2-3; CC 1988 §2-83; Ord. No. 6345 §1, 5-11-1987; Ord. No. 02-2013 §1, 3-11-2013; Ord. No. 28-2015 §1, 8-10-2015; Ord. No. 09-2023, 10-23-2023]
A. 
No Council member or Mayor shall perform any service for the City of Louisiana or any agency of the City of Louisiana for any consideration other than the compensation provided for the performance of his or her official duties, except as otherwise provided in Section 105.458.1, RSMo.
B. 
For the purpose of the Section, membership on the Volunteer Fire Department of the City shall not be considered to be employment or appointment.
[R.O. 2008 §115.050; Ord. No. 6563 §§1 — 4, 10-12-1998; Ord. No. 24-2007 §12, 12-13-2007; Ord. No. 29-2015 §1, 8-10-2015]
A. 
As used in this Section, these terms shall have these prescribed meanings:
EMPLOYEE
Any individual employed by the City of Louisiana, Missouri, on the date this Section is enacted, October 12, 1998, or at any time thereafter.
ESTABLISHED DRUG TEST
The collection and testing of bodily fluids administered in a manner equivalent to that required by the Mandatory Guidelines for Federal Workplace Drug Testing Programs (HHS Regulations, 53, Red. Reg. 11979, et seq., as amended) or other professionally valid procedures approved by the Mayor and City Council.
ILLEGAL DRUG
Controlled substances included in Schedule I or 11 of Section 195.017, RSMo,, except when used pursuant to a valid prescription or when used as otherwise authorized by State or Federal law.
B. 
City employees may be required to take an established drug test for illegal drugs at any time. The Mayor and the City Administrator shall devise a method for insuring that such employees are selected for testing on a random basis and adopt rules to establish:
1. 
Methods for assuring that privacy intrusions are minimized during collection of body fluid specimens; and
2. 
Methods for assuring that any body fluid specimens are stored and transported to testing laboratories at proper temperatures and under such conditions that the quality of the specimens shall not be jeopardized. The result of such test shall be filed in the employee's personnel file and made a part thereof.
C. 
City employees may be required to take a breath test by an evidential breath testing device approved by the National Highway Traffic Safety Administration for alcohol during each calendar year. The Mayor and City Administrator shall devise a method for insuring that such employees are selected for testing on a random basis. The results of such tests shall be filed in the employee's personnel file and made a part thereof. Two (2) breath tests shall be required to determine whether an employee has a prohibited alcohol concentration. A screening test is conducted first. Any result less than two-tenths of one percent (0.02%) alcohol concentration shall be considered a negative test. If the alcohol concentration is two-tenths of one percent (0.02%) or greater, a second, or confirmation, test shall be conducted. The employee and the individual conducting the test, who shall be certified to operate the evidential breath-testing device, shall complete the testing form to ensure that the results are properly recorded. The confirmation test, if required, must be conducted using an evidential breath-testing device that prints out the results, date and time, a sequential test number, and the name and serial number of the evidential breath-testing device to ensure reliability of the results. The confirmation test result will determine any actions taken.
D. 
Violations And Penalties. Should a test as provided for under this Section establish that a City employee has illegal drugs or alcohol in his/her blood, the employee shall be placed on immediate suspension pending resolution of the violation. The employee shall sign an acknowledgement indicating that they have been informed of the reason for the suspension and that they understand same. Said signature shall not, in any way, be constructed as an admission against interest by the signatory party. Thereafter, the violation shall be submitted to the City Council for hearing and resolution with the recommendations of the City Administrator and Mayor for resolution thereof. The City employee shall have the right to have counsel present at such hearing and shall be liable for any expense resulting therefrom. The determination of the City Council shall be final and may be appealed thereafter only to the Circuit Court of Pike County, Missouri, upon proper petition of the City employee.
[R.O. 2008 §115.060]
Personnel regulations not addressed in this Chapter shall be set out in the City's personnel handbook, and changed by the City Council from time to time; said handbook being on file in the office of the City Clerk.
[Ord. No. 19-2019, 10-28-2019]
A. 
Appointed Officers shall serve at the pleasure of the Mayor or Mayor Pro Tern and City Council. The Mayor, with a consent of a majority of the City Council, may remove the Appointive Officer from office at will, with or without cause and such Appointive Officer also may be removed by a two-thirds (2/3) majority vote of the City Council, independently of the Mayor's approval or disapproval.
B. 
If requested, the Mayor and City Council shall grant the Appointive Officer a public hearing within thirty (30) days following notice of such removal. During the interim, the Mayor, with approval of a majority of the City Council or by two-thirds (2/3) majority vote of the City Council without the Mayor's approval, may suspend the Appointive Officer from duty.
[1]
State Law Reference: As per Section 77.340. RSMo.