[CC 1990 §105.040; CC §21.100; Ord. No. 2004.29 §1, 12-13-2004]
A. The
officers of this City shall consist of
1. The following elective officers:
b. Aldermen (two (2) from each ward)
2. and the following appointive officers:
h. and such other agents as may be appointed from time to time.
[CC 1990 §105.050; CC §21.110]
All appointive officers shall be appointed to serve at the pleasure
of the Mayor and the Board of Aldermen.
Except as otherwise provided for in this Code, 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.
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
the qualifications prescribed for his/her office by law; that he/she
will support the Constitution of the United States and of the State
of Missouri, the provisions of all laws of this State affecting Cities
of this class, and the ordinances of the City, and faithfully demean
himself/herself while in office; which official oath or affirmation
shall be filed with the City Clerk. Every officer of the corporation,
when required by 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 ordinance,
conditioned upon the faithful performance of his/her duty, and that
he/she will pay over all moneys belonging to the City, 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 affirmation, 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 1990 §105.080; CC §21.135]
The oath required by the preceding Section shall be as follows:
"I do solemnly swear (or affirm) that I possess all the qualifications
prescribed for my office by law; that I will support the Constitution
of the United States and of the State of Missouri, the provisions
of all laws of this State affecting Cities of the Fourth Class and
the Ordinances of Desloge, Missouri, and will faithfully demean myself
while in office"
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Subscribed and sworn to before me this ____ day of ____________________,
____.
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[CC 1990 §105.090; CC §21.140]
Upon filing of the oath of office and approval of bond, when
bond is required, the City Clerk shall deliver to the person elected
or appointed 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 1990 §105.100; CC §21.145]
The commission shall be as follows:
State of Missouri
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County of St. Francois
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City of Desloge
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The City of Desloge to all Who Shall See These Presents: Greetings
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Know ye that in pursuance of _______________________________
and in pursuance of the State law and the ordinances of the City of
Desloge made and provided, and by virtue of the power and authority
in me vested, I do hereby appoint and commission to the office of
_________________________ and he/she is hereby authorized and empowered
to discharge the duties of said office, with all the privileges and
emoluments to the same right pertaining, unto him/her the said__________________________
for and during the term of two (2) years from the date of this commission
and until his/her successor in said office shall be duly qualified.
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[CC 1990 §105.110; CC §21.150]
The Board of Aldermen shall have the power to fix the compensation
of all officers or employees of the City by ordinance. 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 1990 §105.120; CC §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 proceedings 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.
[CC 1990 §105.130; CC §21.170]
A. 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. 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 regular meeting of the Board of Aldermen thereafter,
at which time such vacancy shall be permanently filled.
B. Immediately
upon the suspension of an officer it shall be the duty of the Mayor
to appoint a competent and responsible person to discharge the duties
of such officer for the period of the suspension.
[CC 1990 §105.140; CC §21.180]
No person occupying the position of Mayor, Alderman, or any
other elective City office shall hold any other elective or appointive
office, or be an employee of the City.
[CC 1990 §105.150; CC §21.190]
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
setting 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 the 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.
[CC 1990 §105.160; CC §21.195]
The Mayor or Board of Aldermen shall have power as often as
they may deem it necessary, to require any officer of the City to
exhibit his/her accounts or other papers, or records, and to make
report to the Board of Aldermen, in writing, touching any matter relating
to his/her office.