The Mayor may, with the consent of a majority of all the members
elected to the Board of Aldermen, remove from office, for cause shown,
any elective officer of the City, such officer being first given opportunity,
together with his/her witnesses, to be heard before the Board of Aldermen
sitting as a Board of Impeachment. Any elective officer, including
the Mayor, may in like manner, for cause shown, be removed from office
by a two-thirds (2/3) vote of all members elected to the Board of
Aldermen, independently of the Mayor's approval or recommendation.
The Mayor may, with the consent of a majority of all the members elected
to the Board of Aldermen, remove from office any appointive officer
of the City at will, and any such appointive officer may be so removed
by a two-thirds (2/3) vote of all the members elected to the Board
of Aldermen, independently of the Mayor's approval or recommendation.
The Board of Aldermen may pass ordinances regulating the manner of
impeachments and removals.
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 the ordinances of the
City except that appointed officers need not be voters 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 or forfeiture or
defalcation in office. All officers, except appointed officers, shall
be residents of the City.
[CC 1979 §21.130]
Every officer of the City and his/her assistants, and every
Alderman before entering upon the duties of his/her office shall take
and subscribe to an oath or affirmation before some person authorized
to administer oaths, that he/she possesses all qualifications prescribed
for his/her office by law; that he/she will support the Constitution
of the United States and of this State, the provisions of all laws
of this State affecting the City and the Code of Ordinances and other
ordinances of the City; and faithfully demean himself/herself while
in office, which oath or affirmation shall be filed with the City
Clerk. Every officer of the City, when required by this Code or other
law or ordinance, shall, within fifteen (15) days after his/her appointment
or election, 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 may be designated by this Code or other ordinance, conditioned
upon faithful performance of his/her duty, and that he/she will pay
over all money belonging to the City and fully account for the same,
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 affirmations, 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 to the use of such person.
[CC 1979 §21.150]
The Board of Aldermen shall have the power to fix the compensation
of all officers or employees of the City by ordinance. The salary
of an officer shall not be changed during the time for which he/she
was elected or appointed. In addition to the fees allowed by this
Code or other law or ordinance the City Officers shall receive such
compensation for their services as the Board of Aldermen shall from
time to time provide.
[CC 1979 §21.160]
A.
The
Mayor, Municipal Judge and City Clerk are hereby empowered and authorized
to administer oaths or affirmations in the following cases:
1.
The Mayor, to witnesses or other persons concerned with any subject
under consideration by the Board of Aldermen in which the interest
of the City is involved.
2.
The Municipal Judge, to witnesses, jurors, or other persons relating
to any trial or other proceeding within the jurisdiction of his/her
court.
3.
The City Clerk, to any person certifying to any demand or claim against
the City concerning the correctness of the same.
If a vacancy occurs in any elective office, the Mayor or the
person exercising the duties of the Mayor shall cause a special meeting
of the Board of Aldermen to convene where a successor to the vacant
office shall be selected by appointment by the Mayor with the advice
and consent of a majority of the remaining members of the Board of
Aldermen. If the vacancy is in the office of Mayor, nominations of
a successor may be made by any member of the Board of Aldermen and
selected with the consent of a majority of the members of the Board
of Aldermen. The Board of Aldermen may adopt procedures to fill vacancies
consistent with this Section. The successor shall serve until the
next regular municipal election. If a vacancy occurs in any office
not elective, the Mayor shall appoint a suitable person to discharge
the duties of such office until the first (1st) regular meeting of
the Board of Aldermen thereafter, at which time such vacancy shall
be permanently filled.
