[R.O. 1996 § C-3.1]
Except as this Charter provides otherwise,
all powers of the City shall be vested in the City Council. The City
Council shall provide for the exercise of these powers and for the
performance of all duties and obligations imposed on the City by law.
[R.O. 1996 § C-3.2; Ord. No. 4502 § 1 (Charter
Amendment No. 2014-01), 8-18-2014, approved
at election 11-4-2014; Ord. No. 4812, 4-15-2019, adopting amendments approved at election 4-2-2019]
There shall be a City Council of the Mayor and six (6) City Councilmembers, two (2) from each of the three (3) districts, elected by the registered, qualified voters of their respective districts, as provided by Section 3.4.
District boundaries shall be established
by ordinance following each Federal decennial census. Districts shall
be compact and contiguous and contain, as nearly as possible, an equal
number of inhabitants. The City Council shall approve any new district
boundaries by majority vote.
[R.O. 1996 § C-3.3; Ord. No. 4502 § 1 (Charter
Amendment No. 2014-01), 8-18-2014, approved
at election 11-4-2014; Ord. No. 4812, 4-15-2019, adopting amendments approved at election 4-2-2019]
A City Councilmember shall be at
least twenty-five (25) years of age prior to the election, a citizen
of the United States, an inhabitant and a registered, qualified voter
of the City for two (2) years next preceding election and shall be
an inhabitant of the district one hundred eighty-two (182) days next
preceding election.
No City Councilmember shall be delinquent
in paying any County, or Blue Springs income, personal property, real
property or sales taxes, nor have been removed from an elected public
office, nor be a convicted felon, nor be a registered sex offender,
except that a person recalled from office may again run for the office
from which recalled following the expiration of the term from which
they were recalled, or may at any time run for a different office.
[R.O. 1996 § C-3.4; Ord. No. 4502 § 1 (Charter
Amendment No. 2014-01), 8-18-2014, approved
at election 11-4-2014; Ord. No. 4812, 4-15-2019, adopting amendments approved at election 4-2-2019]
City Councilmembers shall be elected
to serve staggered three (3) year terms.
[R.O. 1996 § C-3.5; Ord. No. 4812, 4-15-2019, adopting
amendments approved at election 4-2-2019]
The City Council shall determine
the annual compensation, allowances, and expenses of City Councilmembers
by ordinance. Beginning in 1995, and at least every (5) years thereafter,
compensation shall be reviewed by the City Council which may adjust
compensation and allowances by ordinance. No ordinance increasing
compensation shall become effective for a City Councilmember until
the commencement of a new term of office.
[R.O. 1996 § C-3.6; Ord. No. 4502 § 1 (Charter
Amendment No. 2014-01), 8-18-2014, approved
at election 11-4-2014; Ord. No. 4812, 4-15-2019, adopting amendments approved at election 4-2-2019]
The City Council shall elect annually
from among the City Councilmembers a Mayor Pro Tempore. The Mayor
Pro Tempore shall assume the powers and duties of the Mayor during
the absence or disability of the Mayor and, if a vacancy occurs, shall
become Mayor until the next regular municipal election. The election
shall occur in accordance with the election laws of the State of Missouri.
[R.O. 1996 § C-3.7; Ord. No. 4502 § 1 (Charter
Amendment No. 2014-01), 8-18-2014, approved
at election 11-4-2014; Ord. No. 4812, 4-15-2019, adopting amendments approved at election 4-2-2019]
A.
Holding Other Office. Except where authorized
by law, or pursuant to an agreement between the City and another entity
of government, no City Councilmember shall hold any other City office,
City employment or other elected public office during the term for
which the City Councilmember was elected to the City Council, and
no former Councilmember shall hold any compensated appointive City
office or City employment until two (2) years after the expiration
of the term for which the City Councilmember was elected to the City
Council.
B.
Appointments And Removals. No City Councilmember
shall in any manner dictate the appointment or removal of any City
administrative officers or employees whom the City Administrator or
any subordinates are empowered to appoint, but the City Council as
a group may express its views and fully and freely discuss with the
City Administrator anything pertaining to appointment and removal
of such officers and employees.
C.
Interference With Administration. Except
for the purpose of inquiry, information or investigation, unless specifically
otherwise provided in this Charter, the City Councilmembers shall
deal with the City administrative officials and employees solely through
the City Administrator or their designee, and no City Councilmember
shall give orders to the subordinates of the City Administrator, either
publicly or privately.
[R.O. 1996 § C-3.8; Ord. No. 4502 § 1 (Charter
Amendment No. 2014-01), 8-18-2014, approved
at election 11-4-2014; Ord. No. 4812, 4-15-2019, adopting amendments approved at election 4-2-2019]
The office of a City Councilmember
shall become vacant upon the death, resignation, forfeiture, or removal
from office in any manner authorized by law.
[R.O. 1996 § C-3.9; Ord. No. 4502 § 1 (Charter
Amendment No. 2014-01), 8-18-2014, approved
at election 11-4-2014; Ord. No. 4812, 4-15-2019, adopting amendments approved at election 4-2-2019]
A City Councilmember shall forfeit
office:
[R.O. 1996 § C-3.10; Ord. No. 4502 § 1 (Charter
Amendment No. 2014-01), 8-18-2014, approved
at election 11-4-2014; Ord. No. 4812, 4-15-2019, adopting amendments approved at election 4-2-2019]
A vacancy of a City Councilmember
shall be filled by appointment by the Mayor and approval by the City
Council. This shall occur at the next regular City Council meeting
and shall be decided by approval of the City Council by a majority
of the remaining City Council members. The person appointed to fill
the vacancy shall hold the appointed position until the next regular
municipal election for which the filing period has not closed and
shall serve until the end of the current term.
[R.O. 1996 § C-3.11; Ord. No. 4502 § 1 (Charter
Amendment No. 2014-01), 8-18-2014, approved
at election 11-4-2014; Ord. No. 4812, 4-15-2019, adopting amendments approved at election 4-2-2019]
The City Council shall be the judge
of the election and qualifications of its members and of the grounds
for forfeiture of their office and for that purpose shall have power
to subpoena witnesses, administer oaths and require the production
of evidence. A City Councilmember charged with conduct constituting
grounds for forfeiture of office shall be entitled to a public hearing
within thirty (30) days. Decisions made by the City Council under
this Section shall be subject to review by the courts.
[R.O. 1996 § C-3.12; Ord. No. 4502 § 1 (Charter
Amendment No. 2014-01), 8-18-2014, approved
at election 11-4-2014; Ord. No. 4812, 4-15-2019, adopting amendments approved at election 4-2-2019]
A.
Meetings. The City Council shall meet regularly
at least once each month at such times and places as the City Council
may prescribe. The Mayor upon their own motion may, or at the request
of two (2) members of the City Council shall, call a special meeting
of the Council for a time not earlier than twenty-four (24) hours
after notice is given to all members of the City Council then in the
City. Special meetings of the City Council may also be held with less
than twenty-four (24) hours' notice by the consent of all the members
of the City Council then in the City, and such consent may be given
either prior to or during the special meeting.
B.
Rules And Journals. The City Council shall
determine its own rules and order of business. It shall cause a journal
of its proceedings to be kept, and this journal shall be open to public
inspection.
C.
Quorum. A majority of members of the entire
City Council shall constitute a quorum for its business, but a smaller
number may meet and compel the attendance of absent members in the
manner and subject to the penalties prescribed by the rules of the
City Council.
D.
Voting. Voting shall be by roll call for
the second reading of an ordinance, for approval of minutes, for approval
of a consent agenda containing items that are considered to be routine,
or at the request of the Mayor or any Councilmember, and the ayes
and nays shall be recorded in the journal. In each roll call vote,
the names of the City Councilmembers shall be called in seating order
and the name to be called first shall be advanced one position, then
the name of the Mayor shall be called. Except as otherwise provided
in the Charter, the affirmative vote of a majority of the entire City
Council shall be necessary to adopt any ordinance or resolution.
E.
Overriding Mayor's Veto. Every ordinance
or resolution adopted by the City Council shall be presented to the
Mayor for their approval; and if the Mayor shall sign the same, it
shall be deemed approved and adopted. The Mayor may return an ordinance
or resolution with objections to the City Council unsigned prior to
the beginning of the next regular meeting; and such ordinance or resolution
shall stand vetoed and shall not take effect without the approval
of the Mayor unless adopted over their veto in the following manner:
At the regular meeting next following
receipt of a disapproved ordinance or resolution, the City Clerk shall
cause the objection of the Mayor to be entered upon the journal of
the City Council and the Mayor Pro Tempore shall put to the City Council
the question, "Shall the ordinance or resolution take effect, the
objections of the Mayor notwithstanding?" The question may not be
tabled, and after debate, the City Clerk shall proceed to call the
roll. Should two-thirds (2/3) of the City Councilmembers cast their
votes in favor of overriding the Mayor's veto, the ordinance or resolution
shall take effect; otherwise it shall not take effect. The Mayor shall
not vote on any action to override the Mayor's veto.
Should the Mayor neither sign nor
return with objections any ordinance or resolution prior to the beginning
of the next regular meeting of the City Council, it shall be deemed
approved and adopted.
F.
Form Of Ordinances. Proposed ordinances
and resolutions shall be introduced in the City Council only in written
or printed form. The enacting clause of all ordinances shall be:
Be it Ordained By the City Council
of the City of Blue Springs. . .
The enacting clause of all ordinances
submitted by initiative shall be:
Be It Ordained By the people of the
City of Blue Springs . . .
No ordinance, except those making
appropriations of money and those codifying or revising existing ordinances,
shall contain more than one (1) subject, which shall be clearly expressed
in its title. Ordinances making appropriations shall be confined to
the subject matter of the appropriations.
H.
Procedure. Except in the case of emergency
ordinances, every proposed ordinance shall be read by title in open
City Council meeting two (2) times before passage. These readings
may occur at the same meeting. A copy of each proposed ordinance shall
be provided for each City Council member and a copy shall be provided
for public inspection in the office of the City Clerk until it is
adopted or fails adoption. Persons interested in a proposed ordinance
shall be given an opportunity to be heard before the City Council
in accordance with such rules and regulations as the City Council
may adopt. If the City Council adopts an amendment to a proposed ordinance
that constitutes a change in substance, any member of the City Council
may require that the proposed ordinance, as amended, be placed on
file for public inspection in the office of the City Clerk for an
additional one (1) week before passage. In the absence of such a request,
the City Council may consider the amended ordinance at the same meeting.
I.
Emergency Ordinances. All emergency ordinances
shall be read in full in open City Council meetings. An ordinance
may be passed as an emergency measure on the day of its introduction
if it contains a declaration describing in clear and specific terms
the facts and reasons constituting the emergency and receives the
vote of two-thirds (2/3) of the members of the City Council. An ordinance
granting, reviewing or extending a franchise shall not be passed as
an emergency ordinance.
J.
Effective Date. Every adopted ordinance
shall become effective immediately upon passage, adoption and approval
by the Mayor, or any later date specified therein.
K.
Authentication And Recording. All ordinances
and resolutions adopted by the City Council shall be authenticated
by the signature of the Mayor and City Clerk. The City Clerk shall
record in a properly indexed book kept for the purpose all ordinances
and resolutions adopted by the City Council.
[R.O. 1996 § C-3.13; Ord. No. 4812, 4-15-2019, adopting
amendments approved at election 4-2-2019]
The City Administrator shall appoint
a City Clerk with the advice and consent of the City Council. The
City Clerk shall keep the journal of the City Council proceedings,
authenticate by signature all ordinances and resolutions, and record
them in full in a book kept for that purpose. The City Clerk shall
perform such other duties as may be required by law, by this Charter,
by ordinance, or by the City Administrator.
[R.O. 1996 § C-3.14; Ord. No. 4502 § 1 (Charter
Amendment No. 2014-01), 8-18-2014, approved
at election 11-4-2014; Ord. No. 4812, 4-15-2019, adopting amendments approved at election 4-2-2019]
A City Attorney shall be appointed
by the Mayor with the advice and consent of a majority of the entire
City Council, and may be removed by the Mayor with the consent of
a majority of the entire City Council, or by five-sevenths (5/7) majority
of the City Council. The City Attorney shall be a licensed member
of the bar of this State and shall have been in active practice for
at least five (5) years. The City Attorney shall receive compensation
as determined by ordinance.
The City Attorney shall represent
the City in all legal matters in which it is a party or is interested.
The City Attorney shall advise the City Council, any committee or
member thereof, the Mayor, the City Administrator, department directors,
and the boards and commissions concerning any legal questions affecting
the City's interest and shall perform such other legal services as
may be requested by the City Council.
[R.O. 1996 § C-3.15; Ord. No. 4502 § 1 (Charter
Amendment No. 2014-01), 8-18-2014, approved
at election 11-4-2014; Ord. No. 4812, 4-15-2019, adopting amendments approved at election 4-2-2019]
A City Prosecutor shall be appointed
by the Mayor with the advice and consent of a majority of the entire
City Council, and may be removed by the Mayor with the consent of
a majority of the entire City Council, or by five-sevenths (5/7) majority
of the City Council. The City Prosecutor shall be a licensed member
of the bar of this State and shall have been in active practice for
at least five (5) years. The City Prosecutor shall receive compensation
as determined by ordinance.
The City Prosecutor shall prosecute
and defend all actions originating or pending before the Municipal
Court.
[R.O. 1996 § C-3.16; Ord. No. 4502 § 1 (Charter
Amendment No. 2014-01), 8-18-2014, approved
at election 11-4-2014; Ord. No. 4812, 4-15-2019, adopting amendments approved at election 4-2-2019]
The Municipal Judges shall be appointed
by the Mayor with consent of the majority of the entire City Council.
The term of the Municipal Judge shall be for three (3) years. The
Municipal Judges shall be licensed members of the bar of this State
and shall have been in active practice for at least five (5) years,
in addition to the other requirements imposed by State law. The Municipal
Judges shall receive compensation as determined by ordinance. If a
Municipal Judge is absent, sick, or disqualified from acting, the
Presiding Municipal Judge may request the Presiding Judge of the Circuit
Court to designate some competent, eligible person to act as Special
Municipal Judge until such absence or disqualification shall cease;
provided, however, that should a Municipal Judge resign from office,
that vacancy shall be filled by an appointment in the same manner
as a Municipal Judge is appointed, with a consent of the majority
of the entire City Council. The Presiding Municipal Judge may, by
written directive, designate a written procedure delegating authority
by which the Municipal Court Administrator or the Municipal Court
Clerk is authorized to notify and request the Presiding Judge of the
Circuit Court to designate a Special Municipal Judge.
Municipal Judges shall have such
powers and duties as are conferred upon such officers by the laws
of the State of Missouri.
[R.O. 1996 § C-3.17]
The City Council may make investigations
into the affairs of the City and the conduct of any City department,
office or agency and for this purpose may subpoena witnesses, administer
oaths, take testimony and require the production of evidence. Any
person who fails or refuses to obey a subpoena issued in the exercise
of these powers by the City Council shall be guilty of a misdemeanor
and punished as may be prescribed by ordinance.
[R.O. 1996 § C-3.18]
The City Council shall provide for
an independent audit of all City accounts and a management report
at least annually. Such audits shall be made by a certified public
accountant or firm of such accountants who have no personal interest,
direct or indirect, in the fiscal affairs of the City Government or
any of its officers. A copy of the audit report prepared by the certified
public accountant or firm of such accountants and management report
shall be kept in the City Clerk's office, received and filed by the
City Council, and shall be open to public inspection.
[R.O. 1996 § C-3.19; Ord. No. 4812, 4-15-2019, adopting
amendments approved at election 4-2-2019]
Each year, all ordinances of the
City of a general and permanent nature shall be reviewed. Recodification
shall be periodically supplemented and updated at the discretion of
the City Clerk.
