[Ord. No. 2505 §§1 —
2, 4-12-2012]
A. An elected
officer of the City may be impeached or removed from office "for cause
shown". "For cause shown" means a legally sufficient
ground or reason that relates to and affects the administration of
the officer's office and that is something of a substantial nature
that directly affects the rights and interests of the public. The
cause must be one touching upon the performance of an officer's duties
showing that he or she is not fit to hold the office. Such cause for
removal or impeachment may include any ground or reason deemed sufficient
as a matter of law in this State and may include, but is not limited
to, any one (1) of the following:
1. Willful
violation of any of the officer's official duties or the willful violation
of City ordinances or State Statutes;
2. Culpable
official negligence or dereliction of official duties;
3. Any
conduct inconsistent with the officer's official character and duties;
4. Official
incompetency or misconduct, oppression or corruption in office, or
moral turpitude; and
5. Intoxication
while in the performance of any official act or duty, or intoxication
so as to render the officer incapacitated to perform any official
act or duty at the time or in the manner required by law.
[Ord. No. 2505 §§1 —
2, 4-12-2012]
A. Impeachment
proceedings shall commence by a motion of any Alderman, approved by
a majority of the Board of Aldermen, present and voting, to issue
Articles of Impeachment against any accused elected officer.
B. When
Articles of Impeachment shall be approved by a majority of the Board
of Aldermen, the Mayor or the President of the Board of Aldermen,
if the Mayor is the accused elected officer, shall immediately appoint
some day and time, not less than twenty (20) days after the approval
of the Articles of Impeachment by the Board of Aldermen, for appearance
of the accused elected officer and cause summons to be issued, signed
by the issuing official, with a copy of the Articles of Impeachment
annexed, requiring the accused elected officer to appear in the City
Hall on the day appointed for that purpose, and answer the charges
exhibited against him. Such summons and Articles of Impeachment shall
be filed with the City Clerk and served on the accused as provided
herein.
C. When
the elected officer against whom the Articles of Impeachment have
been approved by a majority of the Board of Aldermen is the Mayor,
or if the office of the Mayor is vacant, the President of the Board
of Aldermen shall act in place of the Mayor and in like manner as
hereinbefore set forth.
[Ord. No. 2505 §§1 —
2, 4-12-2012]
A. At any
time after the approval of the Articles of Impeachment, the Board
of Aldermen, by majority vote of those present and voting, may make
an order suspending the accused officer. Said suspension shall remain
in effect until the accused officer is duly acquitted of the charges
in the Articles of Impeachment or is otherwise reinstated by the Board
of Aldermen.
B. When
an Order of Suspension has been authorized, the President of the Board
of Aldermen shall forward a copy of such order to the City Clerk to
be served on the accused as provided herein.
[Ord. No. 2505 §§1 —
2, 4-12-2012]
A. The summons,
Articles of Impeachment, and Order of Suspension, if any, shall be
served by a member of the Police Department. The accused elected officer,
if he can be found, shall be personally served with the summons and
Articles of Impeachment; and if the accused cannot be found, then
by leaving a copy of such summons and Articles of Impeachment at his
dwelling house or usual place of abode, with some member of the family
above the age of fifteen (15) years. Upon personally serving the notice
and copy of the charges on the accused officer, the Law Enforcement
Officer serving said notice and charges shall prepare and file with
the City Clerk a return of service that sets forth the identity of
the person or persons served as well as the location and time of said
service.
B. If for
any reason the accused officer cannot be served with the notice and
copy of the charges within three (3) days after the date said charges
and notice were filed with the City Clerk, the City Clerk shall thereafter
promptly mail the notice of filing, together with a copy of the charges,
to the accused officer at his or her last known address by certified
mail, return receipt requested, and by regular mail. The City Clerk
shall make and keep a permanent record of the service (return of service)
in this manner setting forth the identity of the person or persons
to whom such notice and copy of charges were mailed and of the addresses
to which the notice and charges were sent and of the time when mailed.
[Ord. No. 2505 §§1 —
2, 4-12-2012]
A. Issuance And Service Of Subpoenas And Subpoenas Duces Tecum. The Mayor, or if he or she be the accused, then the Mayor Pro Tem
of the Board of Aldermen shall — upon request of the City Attorney,
the special City Attorney, the accused or the attorney of the accused
— issue subpoenas for the attendance of witnesses who may be
called to testify at the removal or impeachment hearing or at deposition,
and in the proper case, shall issue subpoenas duces tecum for the
production of papers related to any subject matter under consideration
at the removal or impeachment hearing. Subpoenas shall be served and
returned as in civil actions filed in Circuit Courts of this State
and witnesses shall be entitled to the same fees and same tender of
fees for travel and attendance for witnesses in civil actions filed
in the Circuit Courts of this State.
B. Enforcement Of Subpoenas. The Board of Aldermen, or the
party at whose request a subpoena is issued, shall enforce subpoenas
in accordance with Section 536.077, RSMo., by applying to a judge
of the Circuit Court of the County of the hearing or of any County
where the witness resides or may be found for an order to show cause,
which shall be directed to any witness who fails to obey a subpoena,
why such subpoena should not be enforced. A copy of the order to show
cause and a copy of the application therefor shall be served upon
the witness in the same manner as a summons in a civil action. If
the Circuit Court shall, after hearing, determine that the subpoena
should be sustained and enforced, said court shall proceed to enforce
said subpoena in the same manner as though said subpoena had been
issued in a civil case in the Circuit Courts of this State.
C. Conduct Of The Hearing. The City Attorney or, in the case
he or she be the accused or deemed biased, some special City Attorney
selected by the Board of Aldermen shall conduct the prosecution of
the charges against the accused officer and the accused officer shall
be entitled to be represented by an attorney that he or she may employ
to conduct his or her defense to the charges.
D. Aldermen To Hear Evidence. At the time set for the removal
or impeachment hearing provided for herein, and if due notice has
been given to the accused officer, the Board of Aldermen, sitting
as a court of impeachment, shall hear the evidence against and in
favor of the accused and may adjourn from time to time, if necessary,
until all the evidence is heard.
E. Evidence At The Hearing. All oral evidence shall be taken
only on oath or affirmation. Each party shall have the right to call
and examine witnesses, to introduce exhibits, to cross-examine opposing
witnesses on any matter relevant to the issues even though the matter
was not the subject of direct examination, to impeach any witness
regardless of which party first (1st) called the witness to testify
and to rebut evidence against him or her.
1. A party
who does not testify in his or her own behalf may be called and examined
as if under cross-examination.
2. Records
and documents of the City which are to be considered at the removal
or impeachment hearing shall be offered in evidence so as to become
part of the record, the same as any other evidence.
3. Evidence
to which an objection is sustained shall, at the request of the party
seeking to introduce the same, nevertheless be preserved in the record,
together with any cross-examination with respect thereto and any rebuttal
thereof, unless such evidence is wholly irrelevant, repetitious, privileged
or unduly long.
4. Any
evidence received without objection that has probative value shall
be considered by the Board of Aldermen. The rules of privilege shall
be effective to the same extent that they are now or may hereafter
be in civil actions filed in Circuit Courts of this State. Irrelevant
and unduly repetitious evidence shall be excluded.
F. Right Of The Accused Officer To Be Heard. At any hearing under Chapter
107 of the Municipal Code, the accused officer, his witnesses and his counsel shall be entitled to be heard in defense of the charges.
G. Burden Of Proof. The burden of proof is on the City Attorney
or the special City Attorney to cause the Board of Aldermen, sitting
as a Board of Impeachment, to believe by clear and convincing evidence
that the accused officer committed the charges of impeachment that
have been filed against him or her.
[Ord. No. 2505 §§1 —
2, 4-12-2012]
Deposition of witnesses may be taken and used in the same manner,
upon and under the same conditions and upon the same notice as is
provided for taking and using depositions in civil actions in the
Circuit Courts of this State.
[Ord. No. 2505 §§1 —
2, 4-12-2012]
As soon as all of the evidence at the removal or impeachment hearing has been heard, the case shall be submitted to the Board of Aldermen for vote upon the charges and specifications separately. The question upon each charge shall be "Is the accused guilty?" If the accused is found guilty, in accordance with the provisions of Section
107.010 of the Municipal Code, of one (1) of the charges that has been preferred against him or her, the Board of Aldermen may by resolution remove him or her from office and the office shall thereupon be vacant.
[Ord. No. 2505 §§1 —
2, 4-12-2012]
The proceedings of the Board of Aldermen acting under Chapter
107 of the Municipal Code shall be recorded by a certified court reporter selected by the Board of Aldermen. Said certified court reporter shall be a duly authorized notary public in this State and he or she shall be responsible for administering oaths to all witnesses called at the removal or impeachment hearing, taking down and recording all witness testimony heard at the hearing, labeling documentary evidence presented at the hearing and, if requested, providing transcripts to the Board of Aldermen and the accused.
[Ord. No. 2505 §§1 —
2, 4-12-2012]
With respect to any removal or impeachment hearing under Chapter
107 of the Municipal Code, the Board of Aldermen shall retain a duly licensed attorney in the State of Missouri to act as hearing officer who shall preside over the hearing and who shall make rulings on whether certain testimony and exhibits should be admitted into evidence at the hearing.
[Ord. No. 2505 §§1 —
2, 4-12-2012]
A. Upon
the receipt of competent information, from any source, that provides
the Board of Aldermen with reasonable suspicion that an elective officer
of the City has committed acts for which impeachment may be warranted,
the Board of Aldermen, by majority vote of those present and voting,
may make an order suspending the suspected officer for a period not
to exceed thirty (30) days while an investigation is conducted or
Articles of Impeachment are prepared. In suspending the suspected
officer, the Board shall provide a general description of the alleged
acts for which investigation is to be conducted or for which Articles
of Impeachment are to be drafted, and shall identify the person(s)
responsible for conducting the investigation or drafting the Articles
of Impeachment.
B. When
an Order of Suspension has been authorized, the President of the Board
of Aldermen shall forward a copy of such order to the City Clerk to
be served on the accused as provided herein.
[Ord. No. 2505 §§1 —
2, 4-12-2012]
If the accused shall not appear after being notified as provided
in this Chapter, the Board of Aldermen and Mayor may proceed ex parte.