[CC 1988 §21.010]
[CC 1988 §21.020]
All appointive officers shall be appointed to serve at the pleasure
of the Mayor and the Board of Aldermen.
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 1988 §21.040]
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 court of record in the County
or the City Clerk, 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. The cost of
such bond shall be paid by the City of Lake Saint Louis; however,
should any person elected or appointed to any office be covered by
a blanket bond to same extent, such bond shall not be required. If
any person elected or appointed to any office shall fail to take and
subscribe such oath or affirmation, as herein required, his/her office
shall be deemed vacant. For any breach of condition of any such bond,
as herein required, 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 1988 §21.060]
Upon filing of the oath of office and approval of bond, when
bond is required, the City Clerk shall deliver to the person elected,
a commission signed by the Mayor and under the Seal of the City, duly
countersigned by the Clerk, authorizing the person therein named to
discharge the duties of the office therein named for the term for
which he/she was appointed or elected.
[CC 1988 §21.070]
The Board of Aldermen shall have the power to fix the compensation
of all officers of the City by ordinance. The salary of an elected
official shall not be changed during the time for which he/she was
elected. In addition, the fees allowed by this Code or other law or
ordinance of the City's elected officers shall receive such compensation
for their services as the Board of Aldermen shall from time to time
provide.
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.
[CC 1988 §21.190; Ord. No. 1172 §1, 4-7-1997; Ord.
No. 2201 §1, 8-15-2005]
A.
In
the interest of promoting professional growth, representing the City
at various functions and conducting official business, it is necessary
for elected and appointed officials and employees to travel out of
the area from time to time. It is intended that all reasonable costs
incurred as a result of authorized travel shall be reimbursed in accordance
with the following guidelines:
1.
Transportation. The least expensive but most direct
mode of transportation shall be used when traveling out of the area
for official business. City staff cars should be used whenever possible.
Reimbursement for use of a personal vehicle, when authorized, shall
be at the prevailing mileage permitted by the Internal Revenue Service.
No reimbursement shall be granted for damage, repairs or towing of
personal vehicles used for City business. When traveling by air, the
coach fare shall apply except in extreme cases when other timely options
are not available. Reimbursement may also be claimed for parking or
tolls but receipts should be obtained, if possible. Auto rentals and/or
use of taxicabs is permitted if alternate modes of local transportation
are not available.
2.
Lodging. When an overnight stay is required for
authorized travel, the City will reimburse for the actual cost of
such lodging for the official or employee. The employee must secure
the lowest rate available when reservations are made at the selected
hotel. Receipts are required for reimbursement.
3.
Meal expenses. Reimbursement for all meals, at a
reasonable rate, will be permitted. Receipts should be obtained. Banquets
and/or other meals that are included within the official program or
agenda are fully reimbursable. Reimbursement for meals is limited
to the Internal Revenue Service's per diem for the location of the
conference. No alcohol may be purchased or reimbursed with City funds.
4.
Other expenses and non-City officials. It is understood
that official travel requires expenditures for gratuities. A fifteen
percent (15%) allowance will be reimbursable for transportation and
meal tipping. Reasonable expenses incurred for stenographic fees,
baggage storage, telephone calls and rental of equipment or meeting
facilities necessary for the conduct of official business may be reimbursed
upon presentation of a receipt. Transportation, meals and lodging
expenses for non-City Officials, such as spouses or other such persons,
should be deducted from all receipts submitted for reimbursement.
Expenses incurred for personal entertainment are not reimbursable
under any circumstances.
5.
Registration fees. Expenses incurred for registration
fees for conferences, seminars, conventions or special meals may be
reimbursed. Attendance at such reimbursable functions must be for
the public purpose, i.e. training, education, legislation or technology
that can be directly or indirectly beneficial to the City of Lake
Saint Louis.
6.
Travel and expense claim. Any reimbursement due
must be requested on a travel and expense claim form which are available
in City Hall or from the Finance Director. All receipts should be
attached to this claim form.
7.
Travel advancement. The Finance Director shall approve
all advancement for estimated reimbursable travel or expenses. These
advancement requests shall be submitted in writing to the Finance
Director, with the City Administrator's approval, on an approved form
that is used for all official travel. These forms are available from
the Finance Director. Upon returning, the remaining reimbursable travel
will be approved and granted provided the proper expense receipts
are produced.
8.
Failure to attend. Any employee or public official
who is unable to attend a conference or function must make every effort
to minimize the cost to the City. Failure to attempt to cancel any
registration, lodging reservation or airline ticket may result in
the City assessing these costs to the employee or public official.
[CC 1988 §§21.1500 — 21.1502; Ord. No. 1293 §1, 4-6-1998; Ord. No. 2442 §1, 4-2-2007]
A.
Any
officer, whether elected or appointed, employee or agent of the City
or its boards of commissions or who was serving at the request of
the City on any other governmental board or commission, who is liable
for the payment of any claims or damages arising out of the course
and scope of employment or office shall be entitled to defense and
indemnification by the City to the extent permitted by the Constitution
and laws of the State of Missouri; provided, that it shall be presumed
that the acts or omissions resulting in such liability were committed
in good faith without malicious or felonious intent. No public funds
will be expended for non-public purposes in contravention of Article
X, Section 3 of the Missouri Constitution. In the event that a court
of competent jurisdiction shall render a final judgment which holds
or finds that the acts or omissions were not in good faith, or were
malicious or felonious, or that they arose outside of the course and
scope of the official duties or scope of employment of the official
or employee, the City shall not indemnify for such judgment, although
the officer or employee shall not be liable to repay the cost of any
defense which has been provided. Further, the City shall not use public
funds to indemnify any person for the payment of exemplary or punitive
damages. The City shall not be liable for any settlement of any such
claim or suit against the City effected without its consent and the
City reserves the right to assert any defense and make any settlement
of any claim or suit against the City that it deems expedient.
[Ord. No. 3913, 10-1-2018]
B.
The
City shall have the right and duty to provide legal representation
through the City Attorney, if the City Attorney is unable due to conflict
of interest to provide legal representation to the official or employee
through the selection of outside legal counsel, to any officer or
employee sued in connection with any claim for damages or other civil
action against such person arising out of the course and scope of
employment or office; provided, that such officer or employee is entitled
to indemnification as set forth in this Section. Such legal representation
shall be provided at no cost to the officer or employee, and any officer
or employee may have his/her own counsel assist in the defense at
the sole expense of the officer or employee. The officer or employee
shall cooperate fully with the City in preparation and presentation
of the case, and the failure to cooperate shall waive such officer's
or employee's right to representation.
C.
Any
person seeking indemnification from the City shall, in the event of
any occurrence and upon receipt of notice of any claim, suit, action
or proceeding, promptly notify in writing the City Administrator of
the City of the identity of the person seeking indemnification and
also reasonably obtainable information with respect to the time, place
and circumstance that give rise to the occurrence including the name
and address of the injured party and of any witnesses.
[CC 1988 §§21.1400 — 21.1450]
The Mayor may, with the consent of a majority of all members
of the Board of Aldermen, remove from office any appointed officer
at will, and any such appointed officer may be removed by a two-thirds
(2/3) vote of all members of the Board of Aldermen, independently
of the Mayor's approval or recommendation.
