City of Oakland, MO Article II Court Clerk

Section 125.270 Office Established.

There is hereby established the office of Court Clerk for the City of Oakland Municipal Division of the St. Louis County Circuit Court.

Section 125.280 Selection and Term of Court Clerk.

The Court Clerk shall be appointed by the Mayor with the consent of a majority of the members of the Board of Aldermen to serve for an unspecified term at the will of the Mayor and Board of Aldermen.

Section 125.290 Hours and Authorization of Compensation.

The Court Clerk shall attend all sessions of the Oakland Municipal Division of the 21st Judicial Circuit Court and perform the duties of the office at such additional times as the Mayor or Board of Aldermen may specify. Compensation for the Court Clerk shall be established by ordinance from time to time.

Section 125.300 Duties — Powers — Fines.

[CC 1997 §17-25(c — e); Ord. No. 333 §2, 12-11-1978; Ord. No. 391 §§1 — 5, 9-12-1988; Ord. No. 571 §1, 10-26-1998]

A. Duties. The duties of the Clerk of the Municipal Court shall be to:

1. Prepare, under the supervision of the City Attorney, complaints under this Code or other City ordinances, trial dockets, all necessary appeal and recognizance forms, transcripts of records and any and all other forms necessary in any action pending in the Municipal Court;

2. Maintain permanent files and records of the Municipal Court proceedings and have the care and custody of same;

3. Prepare, under the supervision of the Municipal Judge, all reports required of the Municipal Judge or of the Municipal Court by State Statutes, this Code or other City ordinances;

4. Keep complete records regarding fines, penalties, costs and any other charges arising out of any action in the Municipal Court;

5. Assist the Police in the preparation of any reports or records required of the Police Chief in connection with the operation of the Municipal Court;

6. Tax all costs, make out all bills and executions and make out and issue all processes of the Municipal Court;

7. Keep an appeal docket in which shall be recorded the proceedings in any case appealed to the Circuit Court;

8. Prepare statistics and summaries regarding tickets issued by the City and money received in Municipal Court as requested by the Board of Aldermen or the Mayor;

9. Coordinate City's responses to periodic State and City audits of the Municipal Court as required by law;

10. Fulfill such other duties as may be assigned to him/her by the Mayor or Board of Aldermen.

B. Fines — Disposition. The Court Clerk shall collect all fines paid in conformity with any judgment of the Municipal Court and, immediately following each court session held, shall pay into the City Treasury the full mount of all fines collected during the preceding Court session.

C. Powers. The Clerk of the Municipal Court shall be and is hereby authorized to:

1. Take oaths and affirmations;

2. Accept and sign complaints signed and sworn to or affirmed before him/her;

3. Sign and issue warrants;

4. Sign and issue commitments to jail;

5. Sign and issue subpoenas requiring the attendance of a witness and sign and issue subpoenas duces tecum;

6. Fix the amount of bail and admit to bail;

7. Accept the appearance, waiver of trial and plea of guilty and payment of fine and costs in Traffic Violations cases or as directed by the Municipal Judge; generally act as Violations Clerk of the Traffic Violations;

8. Perform such other duties as provided for by ordinance, by rules of practice and procedure adopted by the Municipal Judge, and as provided for by the Missouri Rules of Practice and Procedure in Municipal and Traffic Courts.

Section 125.310 Bond.

Within fifteen (15) days after appointment and before entering upon the discharge of the above-described duties of office, the Court Clerk shall give bond to the City in the sum of twenty thousand dollars ($20,000.00) conditioned upon the faithful performance of said duties and the said Court Clerk will pay over all monies belonging to the City, as provided by law, that may come into the Court Clerk's hands.