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.
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.
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.