[R.O. 2014 §115.010]
The following officers shall be elected by the qualified voters
of the City, and shall hold office for the term of two (2) years,
except as otherwise provided in this Section, and until their successors
are elected and qualified, to wit: Mayor and Board of Aldermen.
[R.O. 2014 §115.020; Ord. No. 1938, 7-23-2020]
The Mayor, with the consent and approval of the majority of
the members of the Board of Aldermen, shall have power to appoint
a Municipal Judge, City Collector, Chief of Police, City Attorney,
City Assessor, Street Commissioner and Night Watchman and such other
officers as he/she may be authorized by ordinance to appoint, and
if deemed for the best interests of the City, the Mayor and Board
of Aldermen may, by ordinance, employ special counsel to represent
the City, either in a case of a vacancy in the office of City Attorney
or to assist the City Attorney, and pay reasonable compensation therefor,
and the person elected Marshal may be appointed to and hold the office
of Street Commissioner.
A.
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
sitting 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 vote of all 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 vote of all the members elected to the Board of Aldermen,
independently of the Mayor's approval or recommendation. The
Board of Aldermen may pass ordinances regulating the manner of impeachments
and removals.
B.
Nothing in this Section shall be construed to authorize the Mayor,
with the consent of the majority of all the members elected to the
Board of Aldermen, or the Board of Aldermen by a two-thirds vote of
all its members, to remove or discharge any Chief, as that term is
defined in Section 106.273, RSMo.
A.
CHIEF
JUST CAUSE
a.
b.
c.
d.
e.
f.
For
the purposes of this Section, the following terms shall mean:
Any non-elected chief law enforcement officer of the City.
Exists when the Chief:
Is unable to perform his or her duties with reasonable competence
or reasonable safety as a result of a mental condition, including
alcohol or substance abuse;
Has committed any act, while engaged in the performance of his
or her duties, that constitutes a reckless disregard for the safety
of the public or another law enforcement officer;
Has caused a material fact to be misrepresented for any improper
or unlawful purpose;
Acts in a manner for the sole purpose of furthering his or her
self-interest or in a manner inconsistent with the interests of the
public or the Chief's Board of Aldermen;
Has been found to have violated any law, statute, or ordinance
which constitutes a felony; or
Has been deemed insubordinate or found to be in violation of
a written established policy, unless such claimed insubordination
or violation of a written established policy was a violation of any
Federal or State law or local ordinance.
B.
The
Chief shall be subject to removal from office or employment by the
appointing authority or the Board of Aldermen of the political subdivision
employing the Chief if:
1.
The Board of Aldermen issues a written notice to the Chief whose
removal is being sought no fewer than ten (10) business days prior
to the meeting at which his or her removal will be considered;
2.
The Chief has been given written notice as to the Board of Aldermen's
intent to remove him or her. Such notice shall include:
3.
The Chief is given an opportunity to be heard before the Board of
Aldermen, together with any witnesses, evidence and counsel of his
or her choosing; and
4.
The Board of Aldermen, by two-thirds (2/3) majority vote, finds
just cause for removing the Chief.
C.
Upon the satisfaction of the removal procedure under Subsection (B) of this Section, the Chief shall be immediately removed from his or her office, shall be relieved of all duties and responsibilities of said office, and shall be entitled to no further compensation or benefits not already earned, accrued, or agreed upon.
[R.O. 2014 §115.040]
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.
[R.O. 2014 §115.050]
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 City, 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 monies 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.
[R.O. 2014 §115.060]
The Board of Aldermen shall fix the compensation of all the
officers and employees of the City by ordinance. The salary of an
officer shall not be changed during the time for which he/she was
elected or appointed.
[R.O. 2014 §115.070]
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.
[R.O. 2014 §115.080]
The duties, powers and privileges of officers of every character
in any way connected with the City Government, not herein defined,
shall be prescribed by ordinance. Bonds may be required of any such
officers for faithfulness in office in all respects.
