[1]
State Law Reference — Removal of officers, §77.340, RSMo.
[R.O. 2009 §2-98; Code 1975 §130.900]
A. 
Any elective officer of the City may be removed from office for any of the following reasons:
1. 
Violation of official obligations;
2. 
Official negligence;
3. 
Dereliction of duty;
4. 
Misbehavior in office;
5. 
Conduct inconsistent with his/her official character and duty;
6. 
Official incompetency;
7. 
Failure or refusal to discharge the official duties of his/her office;
8. 
Violation of the provisions of this Code or other ordinances of the City or the laws of the State or the United States while in office;
9. 
Violation of his/her official oath.
[R.O. 2009 §2-99; Code 1975 §130.910]
The Mayor may file written charges with the Council against any elective officer of this City requesting the Council to remove such elective officer from his/her office. Such charges shall specifically state the separate and distinct charges on the grounds of which the removal of such officer is sought by the Mayor.
[R.O. 2009 §2-100; Code 1975 §130.920]
The Clerk of the Council shall prepare a true copy of the charges filed by the Mayor with the Council pursuant to Section 115.250 and the elective officer sought to be removed from office shall be personally served with written notice of the time and place that he/she is to appear before the Council and, at the time of the service of such notice, there shall be delivered to him/her a copy of the charges against him/her as prepared by the Clerk as provided by Section 115.250. Such notice may be served by the Chief of Police, any deputy or Police Officer or by any other person qualified to serve writs under the laws of this State and selected by the Council such officer serving such notice and copy of charges shall make a return to the Clerk of the Council showing how, where and the date that he/she served such notice and copy of charges on the elected officer.
[R.O. 2009 §2-101; Code 1975 §130.930]
A. 
At the time and place mentioned in the notice to the elective officer described in Section 115.260, the Council shall by motion resolve itself into a court of impeachment. The Mayor shall preside over such court and the then acting Clerk of the Council shall act as Clerk of the court. In the case of the absence of the Mayor or the disability for any reason of the Mayor to preside, then the President Pro Tem of the Council shall preside over the court of impeachment.
B. 
The court of impeachment shall be sworn by some officer qualified and authorized under the Statutes of the State to administer oaths before any evidence is offered either for or against the accused elective officer. The court of impeachment shall first hear evidence offered in support of the charges filed against such elective officer and at the close of such evidence in support of such charges, the court of impeachment shall then proceed to hear evidence offered in defense of the accused elective officer.
C. 
The elective officer may, if he/she so wishes, be represented by counsel before such court of impeachment and the Mayor, if he/she so wishes, may be represented by the City counselor or in case the City counselor is unable, refuses or fails to act or is the elective officer against whom the charges are filed, then the Mayor may employ other counsel to prosecute the charges against the accused elective officer before the court of impeachment.
D. 
After hearing the evidence both in support of the charges and in defense of the accused elective officer, the court of impeachment shall proceed to vote by "aye" and "nay" vote upon each specific count of the charges against the elected officer as to his/her guilt or innocence, and if such "aye" and "nay" vote shall disclose that a majority of all the members of the Council elected sitting as a court of impeachment shall vote "aye", then such elective officer shall be deemed guilty of the charges and his/her office shall be declared vacant and the Mayor is authorized to remove such elective officer by resolution of the Council and such office shall be filled as provided by this Code, other ordinances of the City and Statutes of the State.
[R.O. 2009 §2-102; Code 1975 §130.940]
A. 
Any member of the Council may file charges against any elective officer of this City with the Council in like manner as provided for the filing of charges by the Mayor in Section 115.250 and notice and a copy of such charges shall be prepared and personally served on the elective officer against whom the charges are filed and return on such notice made in like manner as provided for in Section 115.260.
B. 
The Council shall resolve itself into a court of impeachment and hear the evidence in support of the charges and in defense of the accused in like manner as provided for in Section 115.270, the accused elective officer may if he/she so wishes be represented by counsel and the member of the Council who filed the charges may, if he/she so wishes, be represented by counsel and such counsel shall be provided in the same manner in which counsel is provided for the Mayor as described in Section 115.270.
C. 
After the hearing of the evidence in support of the charges and the evidence in defense of the accused elective officer, the Council sitting as a court of impeachment shall vote by "aye" and "nay" on each specific charge as to the guilt or innocence of the accused elective officer and should such "aye" and "nay" vote show that two-thirds (2/3) of all the members elected to the City Council sitting as such court of impeachment have voted "aye", then the elective officer shall be deemed guilty of the charges filed against him/her and his/her office shall be declared vacant by resolution of the Council and such vacancy shall be filled in the manner prescribed by the provisions of this Code, other ordinances of the City and the Statutes of the State.