[R.O. of 1966 §201.010; Ord. No. 1575 §1, 2-12-2003; Ord. No. 1649 §1, 3-10-2004]
No person shall be elected or appointed to any elective office
of the City unless he or she is a resident of the City and a qualified
voter under the Constitution and laws of the State of Missouri and
the ordinances of the City. No person shall be appointed to or certified
as a candidate for a municipal office, nor shall such person's name
appear on the ballot as a candidate for such office, who shall be
in arrears for any unpaid City taxes or municipal user fees on the
last day to file a declaration of candidacy for the office. No person,
at the time of his or her election or appointment to office, shall
be subject to any action by the City for forfeiture or defalcation
in office.
[R.O. of 1966 §201.020; Ord. No. 1158, 2-25-1980]
The Mayor and Aldermen of the City shall be elected by the qualified
voters of this City and shall hold office for a term of two (2) years
or until their successors are elected and have qualified. The Mayor,
with the consent and approval of a majority of the members of the
Board of Aldermen, shall have power to appoint a City Treasurer, City
Attorney, City Collector and such other Officers as they deem it to
the best interests of the City to appoint. Such Officers shall hold
office during the pleasure of the Board, for a term of not to exceed
one (1) year.
[R.O. of 1966 §201.030]
Any Officer other than the Mayor or a member of the Board of
Aldermen, may, with the consent of the Board of Aldermen, appoint
a deputy or deputies for his office who will be vested with all the
power of the Officer and for whose conduct the Officer shall be responsible.
[R.O. of 1966 §201.040]
Every City Officer and every Deputy shall, before entering upon
the duties of his office, take and subscribe an oath before the City
Clerk.
[R.O. of 1966 §201.050]
The oath of office shall provide that the Officer possesses
all of the qualifications prescribed by law for his office, that he
will support the Constitution of the United States, the Constitution
of the State of Missouri, the provisions of all laws of this State
affecting Cities of the Fourth Class, the provisions of all ordinances
of the City of Plattsburg, and that he will faithfully demean himself
while in office.
[R.O. of 1966 §201.060]
Every Officer of the City and every Deputy shall, after duly
subscribing his oath, file the same with the City Clerk.
[R.O. of 1966 §201.070]
If any Officer shall fail within fifteen (15) days of the date
of his appointment or election, to execute his oath of office or if
required by ordinance, execute a bond, the Board may order his office
declared vacant.
[R.O. of 1966 §201.080]
Every Officer or Deputy, when required by law or ordinance,
shall within fifteen (15) days after his appointment or election,
and before entering upon the discharge of the duties of his office,
give a bond to the City in such sum as may be designated by ordinance.
[R.O. of 1966 §201.090]
The official bond shall be conditioned upon the faithful performance
of his duty, and shall provide that he will pay over all monies belonging
to the City, as provided by law, that may come into his hands.
[R.O. of 1966 §201.100]
The sureties of all Officers of this City, who are required
to give bonds, shall be residents of Clinton County, Missouri.
[R.O. of 1966 §201.110]
When it shall come to the knowledge of the Board of Aldermen
that a surety of any of the Officers has become a non-resident of
the County of Clinton, State of Missouri, has died, becomes insolvent
or otherwise insufficient, the Board shall make an order requiring
the Officer for whom any such surety executed the bond, to appear
and show cause why he should not give additional surety.
[R.O. of 1966 §201.120]
When the additional bond is given and approved, the former sureties
shall thereby be discharged from any misconduct of the principal after
the approval of said bond.
[R.O. of 1966 §201.130]
Whenever any Officer of this City shall be required by ordinance
to enter into any official bond he may elect, with the consent of
the Board of Aldermen to enter into a surety bond with a surety company
authorized to do business in the State of Missouri and the cost of
such surety bond shall be paid by the City.
[R.O. of 1966 §201.140]
Once each year, the Board of Aldermen shall examine the sufficiency
and solvency of the sureties of all of the bonds of City Officials
and shall briefly note thereon, or on the record thereof, the result
of such examination.
[R.O. of 1966 §§201.150-201.160]
If for any reason the bond of any City Officer shall be deemed
insufficient the principal therein shall be required by a notice in
writing to furnish a new and sufficient bond within thirty (30) days.
If such bond be not furnished and approved, the office shall at the
expiration of said thirty (30) days become vacant, and the vacancy
shall be filled as provided by law.
[R.O. of 1966 §201.170]
For any breach of condition of any official 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.
[RSMo. §115.517.3]
If two (2) or more persons receive an equal number of votes
for nomination or election to any office not otherwise provided for
in Sections 115.515 or 115.517 RSMo., and a higher number of votes
than any other candidate for nomination or election to the same office,
the officer with whom such candidates filed their Declarations of
Candidacy shall, immediately after the results of the election have
been certified, issue a proclamation stating the fact and ordering
a special election to determine which candidate is elected to the
office. The proclamation shall set the date of the election and shall
be sent by the officer to each election authority responsible for
conducting the special election. In his proclamation, the officer
shall specify the name of each candidate for the office to be voted
on at the election, and the special election shall be conducted and
the votes counted as in other elections.
[RSMo. §79.280]
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 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. of 1966 §201.210]
If a vacancy occurs in any appointive office 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 at which
time such vacancy shall be permanently filled.
[R.O. of 1966 §201.220]
Whenever the Mayor or any Aldermen shall be informed that sufficient
cause exists for the removal of an elective Officer of the City, he
shall present to the Board of Aldermen a complaint in writing, setting
forth specifically the cause or offense charged. The Board shall set
a time for the hearing of such complaint and shall cause a notice
of the time and place of hearing, together with a copy of the complaint,
to be served upon the accused; by the Sheriff of Clinton County, the
Chief of Police or any Policeman not less than three (3) days prior
to the time set for hearing. If the Officer accused be present before
the Board the complaint may be read and such Officer notified verbally
of the time and place of hearing and a copy of the complaint furnished
him.
Any elective Officer so charged shall be given an opportunity
to be heard before the Board of Aldermen, sitting as a Board of Impeachment,
and to present his witnesses thereto. If complaint is made against
the City Clerk, the Mayor shall appoint some suitable person to act
as Clerk during the pendency of the proceedings. The City Attorney
shall prosecute the complaint provided that if the complaint be against
the City Attorney the Mayor shall appoint someone to prosecute. The
Mayor or Acting President of the Board of Aldermen in cases of impeachment
of the Mayor, shall preside and shall decide all questions of law
or order that may arise during the trial. Provided that in cases of
impeachment of the Mayor, the "Acting President of the Board of Aldermen"
shall act in the Mayor's stead. Witnesses may be examined under the
rules governing the trial of civil cases before Magistrates and all
witnesses shall be sworn before testifying. The accused shall have
an opportunity to be heard in person or by counsel.
[R.O. of 1966 §201.240]
After the evidence and arguments have been heard the Presiding
Officer shall cause a ballot to be taken on the question: "Shall the
impeachment be sustained?" If a majority of all the Aldermen vote
in favor of sustaining the impeachment, the accused, shall, with the
approval of the Mayor, be removed, and his office shall be declared
vacant; and if two-thirds (2/3) of all the Aldermen shall vote to
sustain the impeachment the office shall be declared vacant without
the Mayor's approval.
[R.O. of 1966 §201.250]
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.
