[CC 2001 §110.010; Ord. No. 1380 §1, 1-13-2011; Ord. No. 1425 §1, 12-12-2013]
No person shall be an Aldermen unless he/she shall be at least
eighteen (18) years of age, a citizen of the United States, and an
inhabitant and resident of the Ward which he/she represents for one
(1) year prior to his/her election and during the entire time that
he/she serves in such office. In addition, an Alderman shall be an
inhabitant and resident of the ward which he/she represents for at
least one (1) year prior to his/her election and during the entire
time that he/she serves in such office. For purposes of this Section, "inhabitant and resident" shall mean a person who both maintains
a residence where he/she sleeps, cooks, and carries on a household
and maintains a physical presence so as to clearly exclude the possibility
or appearance of any other perceived place of residence.
[CC 2001 §110.020; Ord. No. 1380 §2, 1-13-2011]
No person shall be Mayor unless he/she be at least twenty-five
(25) years of age, a citizen of the United States, and an inhabitant
and resident of the City for one (1) year prior to his/her election
and during the entire time that he/she serves in such office. For
purposes of this Section, "inhabitant and resident" shall mean a person who both maintains a residence where he/she sleeps,
cooks, and carries on a household and maintains a physical presence
so as to clearly exclude the possibility or appearance of any other
perceived place of residence.
The Board shall elect one (1) of their own number who shall
be styled "Acting President of the Board of Aldermen" and who shall serve for a term of one (1) year.
When any vacancy shall happen in the office of Mayor by death,
resignation, removal from the City, removal from office, refusal to
qualify, or from any other cause whatever, the Acting President of
the Board of Aldermen shall, for the time being, perform the duties
of Mayor, with all the rights, privileges, powers and jurisdiction
of the Mayor, until such vacancy be filled or such disability be removed
or, in case of temporary absence, until the Mayor's return.
[CC 2001 §110.050; Ord. No. 1297 §1, 4-26-2007]
A. The Mayor
and Board of Aldermen shall have the care, management and control
of the City and its finances and shall have power to enact and ordain
any and all ordinances not repugnant to the Constitution and laws
of this State, and such as they shall deem expedient for the good
government of the City, the preservation of peace and good order,
the benefit of trade and commerce, and the health of the inhabitants
thereof, and such other ordinances, rules and regulations as may be
deemed necessary to carry such powers into effect and to alter, modify
or repeal the same.
B. In addition,
it shall be the duty of the Mayor and the members of the Board of
Aldermen to:
1. Attend
all meetings of the Board of Aldermen, committees to which they are
assigned and boards and commissions to which they are assigned;
2. Review
the agenda and other pertinent documents prior to such meetings;
3. Make
themselves available to constituents by attendance and attention during
the public comments session of all Board meetings.
C. Misfeasance, malfeasance or non-feasance with regard to the duties set forth in this Section, including failure to attend meetings of the Board of Aldermen or other committees, boards or commissions to which such person is assigned, may subject the official to censure by the Board of Aldermen, sanctions as may be deemed appropriate and imposed by the Board of Aldermen or removal from office in accordance with Section 79.240, RSMo., and Section
115.030 of the Municipal Code.
[Ord. No. 1291 §1, 1-11-2007]
A. As part
of the Mayor's statutory duties to enforce the laws and ordinances
of the City, the Mayor shall oversee the daily operation of the City
and ensure that all laws and ordinances of the City are carried out
and properly enforced. As part of that function, the Mayor shall be
responsible for the administration of the organization including oversight
and supervision of personnel of the City. The Mayor may administrate
the organization by delegation of certain responsibilities to department
heads and other supervisors; however, the ultimate duty to oversee
and supervise the daily operations of the City shall be the responsibility
of the Mayor.
B. All communications
from the Board of Aldermen to any department head, employee or other
City Officer (not including other members of the Board of Aldermen)
shall be conveyed solely through the Mayor. No individual member of
the Board of Aldermen shall give orders, directions, or instruction
to any such department head, employee or other City Officer, either
publicly or privately. Breach of the provisions of this Section by
an individual member of the Board of Aldermen may be grounds for removal
from office or other sanctions as may be deemed appropriate by the
Board of Aldermen. "Other sanctions" may include monetary penalties
imposed by the Board.
The Mayor shall have a seat in and preside over the Board of
Aldermen but shall not vote on any question except in case of a tie,
nor shall he/she preside or vote in cases when he/she is an interested
party. He/she shall exercise a general supervision over all the officers
and affairs of the City and shall take care that the ordinances of
the City, and the State laws relating to such City, are complied with.
[CC 2001 §110.065; Ord. No. 972 §11, 1-4-1993; Ord. No. 1141 §2, 3-8-2001]
The Mayor shall receive as compensation a sum as provided by
ordinance. There shall be no expense allowance. Should any Mayor resign
or be removed from office during any month, he/she shall be paid at
the same rate per month on a prorated basis.
[CC 2001 §110.067; Ord. No. 972 §12, 1-4-1993; Ord. No. 1141 §1, 3-8-2001; Ord. No. 1297 §2, 4-26-2007]
The members of the Board of Aldermen shall receive as compensation
a sum as provided by ordinance. There shall be no expense allowance.
Should any member resign from office during any month, such member
shall be paid at the same rate per month on a prorated basis. Should
any member be removed from office during any month, such member shall
not receive compensation for the month during which he/she was removed.
Should any member miss a meeting of the Board of Aldermen or other
board or commission to which such member is assigned, the Mayor shall
determine if the absence was for good cause and, therefore, "excused".
Should any member have two (2) unexcused absences during such member's
current two (2) year term of office, then, thereafter, that member
shall not receive the monthly compensation for any month during the
same term in which such member has another unexcused absence.
The style of the ordinances of the City shall be: "Be it ordained
by the Board of Aldermen of the City of Edmundson, as follows:" No
ordinance shall be passed except by bill, and no bill shall become
an ordinance unless on its final passage a majority of the members
elected to the Board of Aldermen shall vote for it, and the "ayes"
and "nays" be entered on the journal. Every proposed ordinance shall
be introduced to the Board of Aldermen in writing and shall be read
by title or in full two (2) times prior to passage, both readings
may occur at a single meeting of the Board of Aldermen. If the proposed
ordinance is read by title only, copies of the proposed ordinance
shall be made available for public inspection prior to the time the
bill is under consideration by the Board of Aldermen. No bill shall
become an ordinance until it shall have been signed by the Mayor,
or person exercising the duties of the Mayor's office, or shall have
been passed over the Mayor's veto as herein provided.
Every bill duly passed by the Board of Aldermen and presented
to the Mayor and by him/her approved shall become an ordinance, and
every bill presented as aforesaid, but returned with the Mayor's objections
thereto, shall stand reconsidered. The Board of Aldermen shall cause
the objections of the Mayor to be entered at large upon the journal
and proceed at its convenience to consider the question pending, which
shall be in this form: "Shall the bill pass, the objections of the
Mayor thereto notwithstanding?" The vote on this question shall be
taken by "ayes" and "nays" and the names entered upon the journal,
and if two-thirds (2/3) of all the members-elect shall vote in the
affirmative, the City Clerk shall certify the fact on the roll, and
the bill thus certified shall be deposited with the proper officer
and shall become an ordinance in the same manner and with like effect
as if it had received the approval of the Mayor. The Mayor shall have
power to sign or veto any ordinance passed by the Board of Aldermen;
provided that should he/she neglect or refuse to sign any ordinance
and return the same with his/her objections, in writing, at the next
regular meeting of the Board of Aldermen, the same shall become a
law without his/her signature.
The Board of Aldermen shall cause to be kept a journal of its
proceedings, and the "ayes" and "nays" shall be entered on any question
at the request of any two (2) members. The Board of Aldermen may prescribe
and enforce such rules as it may find necessary for the expeditious
transaction of its business.
The Board of Aldermen shall semi-annually each year, at times
to be set by the Board of Aldermen, make out and spread upon their
records a full and detailed account and statement of the receipts
and expenditures and indebtedness of the City for the half year ending
with the last day of the month immediately preceding the date of such
report, which account and statement shall be published in some newspaper
in the City.
In the event the financial statement of the City is not published as required by Section
110.100, the Treasurer of the City shall not pay out any money of the City on any warrant or order of the Board of Aldermen after the end of the month in which such financial statement should have been published until such time as such financial statement is published. Any Treasurer violating the provisions of this Section shall be deemed guilty of an ordinance violation.
The Board of Aldermen shall have power to compel the attendance
of witnesses and the production of papers and records relating to
any subject under consideration in which the interest of the City
is involved and shall have power to call on the proper officers of
the City, or of the County in which such City is located, to execute
such process. The officer making such service shall be allowed to
receive therefor such fees as are allowed by law in the Circuit Court
for similar services, to be paid by the City. The Mayor or Acting
President of the Board of Aldermen shall have power to administer
oaths to witnesses.
The Mayor shall sign the commissions and appointments of all
City Officers elected or appointed in the City and shall approve all
official bonds unless otherwise prescribed by ordinance.
The Mayor shall be active and vigilant in enforcing all laws
and ordinances for the government of the City, and he/she shall cause
all subordinate officers to be dealt with promptly for any neglect
or violation of duty; and he/she is hereby authorized to call on every
male inhabitant of the City over eighteen (18) years of age and under
fifty (50) to aid in enforcing the laws.
The Mayor shall, from time to time, communicate to the Board
of Aldermen such measures as may, in his/her opinion, tend to the
improvement of the finances, the Police, health, security, ornament,
comfort and general prosperity of the City.
The Mayor shall have power to remit fines and forfeitures and
to grant reprieves and pardons for offenses arising under the ordinances
of the City; but this Section shall not be so construed as to authorize
the Mayor to remit any costs which may have accrued to any officer
of said City by reason of any prosecution under the laws or ordinances
of such City.
[CC 2001 §110.170]
The Board of Aldermen of the City of Edmundson, Missouri, shall
meet in regular session in the City Hall at 7:00 P.M. on the second
(2nd) Thursday of each month, unless by majority vote of the Aldermen
the meeting date is changed.
[CC 2001 §110.180]
Special meetings may be called by the Mayor or by any three (3) members of the Board by written request filed with the City Clerk who shall thereupon prepare a notice of such special meeting in conformance with Chapter
120, Open Meetings and Records Policy, of this Code.
At the hour appointed, the Mayor, or in his/her absence the
Acting President of the Board of Aldermen, shall call the Board to
order, the Clerk shall call the roll of members and announce whether
or not a quorum is present. A majority of the members elected to the
Board shall constitute a quorum. If a quorum not be present, a smaller
number may lawfully adjourn the meeting from day to day until a quorum
is present.