City of Richmond Heights, MO
St. Louis County
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Table of Contents
Table of Contents
All powers of the City shall be vested in the Council unless specifically provided otherwise in this Charter. The Council shall provide for the exercise of these powers and for the performance of all duties and obligations imposed on the City by law.
[Ord. No. 4526 § 3.2.(d), 1-18-1994]
(a) 
Composition. The Council shall consist of a Mayor and eight (8) Council members.
(b) 
Representation. The Mayor shall represent the City at large. Two (2) Council members shall represent each of the four (4) districts established under Section 8.5.
(c) 
Eligibility. The Mayor and each Council member shall be a qualified voter of the City. The Mayor and each Council member shall be a resident of the City and shall have been a resident of the City for at least one (1) year prior to his or her election. Additionally, each Council member shall be a resident of the district which he or she represents.
(d) 
Terms. The Mayor and each Council member shall be elected for a four-year term, except as provided in Section 8.2.(d). The terms of the two (2) Council members representing each district shall be staggered so that only one (1) such Council member's term expires in each even-numbered year.
(e) 
Limitation on terms. There shall be no limit to the number of terms a person may serve as Mayor or Council member; provided, however, that no person shall be eligible to be elected to more than three (3) consecutive four (4) year terms as Mayor or Council member.
(a) 
Compensation. Each Council member shall receive fifty dollars ($50.00) for each regular or special session of the Council attended, but no Council member shall receive more than twelve hundred dollars ($1,200.00) in any one (1) year of service. In addition to his or her compensation as a Council member, the Mayor shall receive one thousand dollars ($1,000.00) annually.
(b) 
Change in Compensation. The Council may from time to time determine the compensation of the Mayor by ordinance, but no change in such compensation shall become effective until the commencement of the term of the Mayor elected at the next regular City election held at least six (6) months after the approval of such ordinance. The Council may from time to time determine the compensation of Council members by ordinance, but no change in such compensation shall become effective until the commencement of the terms of the Council members elected at the second (2nd) regular City election held after the approval of such ordinance.
(c) 
Expenses. In addition to their compensation, the Mayor and the Council members may receive reimbursement for their actual and necessary expenses incurred in the fulfillment of their office, provided that such expenses are supported by appropriate documentation.
[1]
Editor's Note — Ord. no. 4893, enacted 4-5-2004, amended the compensation for both the mayor and the council members as allowed in section 3.3(b) herein. The compensation for the mayor can be found at § 120.070(E) and the compensation for council members can be found at § 115.010(F).
(a) 
Holding other office. Except where authorized by law, or pursuant to an agreement between the City and another entity of government, no Council member shall hold any other City office or employment during the term for which he or she was elected, and no former Council member shall hold any compensated appointive City office or employment until one (1) year after the expiration of the term for which he or she was elected.
(b) 
Appointments and removals. Neither the Council nor any of its members shall in any manner dictate the appointment or removal of any City administrative officers or employees whom the City Manager or any of his or her subordinates are empowered to appoint, but the Council may express its views and discuss with the City Manager anything pertaining to appointment and removal of such offices and employees.
(c) 
Interference with administration. Except for the purpose of inquiries and investigations under Section 3.10, the Council or its members shall deal with City Officers and employees who are subject to the direction and supervision of the City Manager solely through the City Manager, and neither the Council nor its members shall give any orders to any such officer or employee, either publicly or privately.
(a) 
Vacancies. The office of a Council member shall become vacant upon his or her death, resignation, removal from office in any manner authorized by law, or forfeiture of his or her office.
(b) 
Forfeiture of office. A Council member shall forfeit his or her office if he or she (1) lacks at any time during his or her term of office any qualification for the office prescribed by this Charter or by law, (2) violates any express prohibition of this Charter, (3) is convicted of a crime involving moral turpitude, (4) is in default to the City, or (5) fails to attend three (3) consecutive regular meetings of the Council without being excused by the Council.
(c) 
Filling of vacancies. A vacancy in the Council shall be filled by the Council by a majority vote of all its remaining members for a period running to the next regularly scheduled City Council election unless such period exceeds one (1) year. In the latter case, the Council shall make arrangements for a special election to fill such vacancy for the unexpired term.
The Council shall be the judge of the elections and qualifications of its members, including the Mayor, and of the grounds for forfeiture of their office and for that purpose shall have power to issue subpoenas to compel the testimony of witnesses and production of evidence, and to administer oaths, both on its own behalf and on behalf of the affected member. Any person who willfully fails to comply with a subpoena issued hereunder or who willfully violates an oath administered hereunder shall be guilty of a misdemeanor subject to penalty as provided by ordinance.
The Council shall adopt by an affirmative vote of a majority of the unaffected members a preliminary resolution stating the reasons a member has not been elected, is not qualified, or has forfeited office and upon adoption of such resolution may suspend the affected member from duty for a period not to exceed forty-five (45) days. A copy of the resolution shall be delivered promptly to the affected member.
Within five (5) days after a copy of the resolution is delivered to the Council member affected, he or she may file with the Council a written request for a public hearing. This hearing shall be held at a Council meeting not earlier than fifteen (15) days nor later than thirty (30) days after the request is filed. The Council member affected may file with the Council a written reply not later than five (5) days before the hearing. The Council may adopt a final resolution of removal, which may be effective immediately, by affirmative vote of a majority of the unaffected members at any time after five (5) days from the date a copy of the resolution was delivered to the affected member in the event that a public hearing has not been requested, or at any time after the public hearing has been completed, if one has been requested. Decisions made by the Council under this Section shall be subject to review by courts of appropriate jurisdiction.
The Council shall appoint an officer who shall have the title of City Clerk. The Council shall by resolution fix the compensation and conditions of employment for such office. The City Clerk shall maintain the journal of Council proceedings, authenticate by signature of the City Clerk all ordinances and resolutions, and record them in full in a book maintained for that purpose. The City Clerk shall perform such other duties as may be required by law, by this Charter, or by the Council. The City Clerk shall be responsible to the Council and shall hold office at the pleasure of the Council.
[Ord. No. 4526 § 3.8.(c), 1-18-1994; Ord. No. 4906 § 1—3, 8-2-2004]
(a) 
Appointment and qualifications. The Council shall appoint an officer who shall have the title of City Attorney and who shall serve at the pleasure of the Council. The City Attorney shall be licensed to practice law in the State of Missouri.
(b) 
Duties. The City Attorney shall be the chief legal officer for the City and shall have such duties as may be assigned by law and the Council.
(c) 
Prosecuting Attorney. The Council shall appoint a Prosecuting Attorney for the prosecution of violations of City ordinances before the Municipal Judge. The Prosecuting Attorney shall have the same qualifications as the City Attorney.
(d) 
Compensation. The Council shall by resolution provide for the compensation of the City Attorney, Prosecuting Attorney, and any assistant attorneys.
(e) 
Assistants. Special assistant City Attorneys may be employed from time to time, as deemed necessary by the City Attorney or the City Council.
[Ord. No. 4526 § 3.9.(b), 1-18-1994; Ord. No. 4906 § 1—3, 8-2-2004]
(a) 
Appointment and qualifications. The Council shall appoint an officer who shall have the title of Municipal Judge and who shall serve at the pleasure of the Council. The Municipal Judge shall be licensed to practice law in the State of Missouri.
(b) 
Powers and duties. The Municipal Judge shall have such powers and duties as are conferred upon such officers by the laws of the State of Missouri, and may issue search warrants as authorized by ordinance to the extent permitted by laws of the State of Missouri.
(c) 
Provisional Municipal Judge. Pursuant to Section 4.1.(b)(10), the Mayor shall appoint a person to the position of provisional Municipal Judge who shall have the same qualifications as the Municipal Judge. The Provisional Municipal Judge shall serve as Municipal Judge, with the same powers as the Municipal Judge, in the event the Municipal Judge is unable to perform such duties of office due to absence, illness, vacancy in the office or disqualification to hear certain matters.
(d) 
Compensation. The Council shall by resolution fix the compensation of the Municipal Judge and Provisional Municipal Judge.
The Council may make investigations into the affairs of the City. In the event the Council determines to conduct a formal investigation, it may do so only upon the vote of a majority of the Council then in office setting forth with particularity the nature of the investigation. In the event the Council undertakes a formal investigation, it may conduct hearings, issue subpoenas to compel the testimony of witnesses and production of evidence, and it may administer oaths. Any person who willfully fails to comply with a subpoena issued hereunder shall be guilty of a misdemeanor subject to penalty as provided by ordinance.
The Council shall provide for an independent audit of all City accounts at least annually. Such audits shall be made by a certified public accountant or firm of such accountants having no personal interest, direct or indirect, in the fiscal affairs of the City Government or any of its officers. A copy of the report prepared by the certified public accountant or firm of such accountants shall be sent directly from the auditor to the Mayor and each Council member, and a copy shall be kept in the City Clerk's office and shall be open to public inspection.
(a) 
Meetings. The Council shall meet regularly at least once each month at such time and place as the Council may prescribe by rule. The Council may also hold additional regular meetings at such time and place as the Council may prescribe by rule. Notice of such regular meetings shall be posted at the City Hall. The Mayor may, or at the request of at least four (4) members of the 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 Council then in the City. Emergency meetings of the Council may also be held at any time by the consent of two-thirds (2/3) of all the members of the Council, and such consent may be given either prior to or during the emergency meeting. All meetings of the City Council shall be public meetings unless such meetings may be closed pursuant to law. No action of the Council shall take effect unless the motion for the action and the vote by which it is disposed of shall take place at proceedings open to the public; except, however, those matters which may now or which may hereafter by law be heard in a closed meeting, as for example, presently provided in Section 610.025 of the Missouri Revised Statutes.
(b) 
Rules and journals. The Council shall by resolution 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) 
Voting. Voting shall be by roll call except on procedural motions, and the ayes and nays shall be recorded in the journal. Roll call votes shall be taken in the order as prescribed by the rule of Council. A majority of members of the 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 Council. Except as otherwise provided in this Charter, the affirmative vote of a majority of the entire Council then in office shall be necessary to adopt any ordinance or resolution.
(d) 
Form of ordinances. Proposed ordinances and resolutions shall be introduced in the Council only in written or printed form. The enacting clause of all ordinances shall be:
Be It Ordained By the Council of the City of Richmond Heights
The enacting clause of all ordinances submitted by initiative shall be:
Be It Ordained By the People of the City of Richmond Heights
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.
An ordinance may incorporate or adopt by reference, without setting forth in full, the provisions of technical Codes, Statutes, prior ordinances, St. Louis County ordinances and other matters of public record, provided that at least three (3) copies of the material to be adopted are filed with the City Clerk at least fifteen (15) days prior to the passage of the ordinance adopting said material. The copies of material to be adopted by reference shall be retained by the City Clerk so long as the ordinance remains in effect.
(e) 
Procedure. Every proposed ordinance shall be read by title in an open Council meeting at least twice before final passage, and at least one (1) week shall elapse between its first (1st) reading and final passage. A copy of each proposed ordinance shall be provided for each Council member at the time of its introduction, and after it is introduced, copies of such proposed ordinance shall be available for public inspection in the office of the City Clerk. The Council shall provide by its rules the opportunity for persons interested in any proposed ordinance to be heard before the Council. If the Council adopts an amendment to a proposed ordinance which constitutes a change in substance, the proposed ordinance as amended shall be placed on file for public inspection in the office of the City Clerk for one (1) additional week prior to its final passage.
(f) 
Emergency ordinances. Notwithstanding the foregoing provision, an ordinance may be passed as an emergency measure on the day of its introduction if necessary for the immediate preservation of the public peace, health or safety and if it contains a declaration describing in clear and specific terms the facts and reasons constituting the emergency and receives the votes of two-thirds (2/3) of the members of the Council. All such ordinances shall be read in their entirety at least once before passage. An ordinance granting, reviewing or extending a franchise shall not be passed as an emergency ordinance.
(g) 
Effective date. Every adopted ordinance subject to referendum shall become effective at the expiration of thirty (30) days after adoption or at any later date specified in such ordinance. All other ordinances shall become effective upon adoption or at any later date specified in the ordinance.
(h) 
Authentication and recording. All ordinances and resolutions adopted by the Council shall be approved as to form by the City Attorney and 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 Council.
All ordinances and resolutions of the City of a general and permanent nature shall be codified and promulgated according to a system of continuous numbering and revision as specified by ordinance.