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:
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Be It Ordained By the Council of the City of Richmond Heights
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The enacting clause of all ordinances submitted by initiative
shall be:
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Be It Ordained By the People of the City of Richmond Heights
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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.
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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.
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(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.
