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City of Berkeley, MO
St. Louis County
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Table of Contents
Table of Contents
[Ord. No. 2351 §1, 8-20-1979]
There shall be the following administrative departments: Finance, Police, Fire, Public Works, Parks and Recreation, and such other departments as may be created by ordinance.
Each administrative department shall be under the supervision and control of a Director appointed by the City Manager. Two (2) or more departments may be headed by the same individual, and the City Manager may himself serve as Director of one (1) or more departments.
The Council, after hearing the recommendations of the City Manager, shall have the power by ordinance to create, change, and abolish departments, offices or agencies, other than those established by this Charter, and to assign additional functions or duties to departments, offices or agencies established by this Charter. The Council may not discontinue or assign to any other department, office or agency, any function or duty assigned by this Charter to a particular department, office or agency.
This Section, however, shall not prevent the Council from authorizing the execution of any contracts between the City and any other public agency or governmental body for the administration of any service or function now assigned by this Charter to a department or agency of the City.
The Director of the Police Department shall be the Chief of Police. He shall be appointed by the City Manager on the basis of his administrative ability and his qualifications as a Law Enforcement Officer.
The Director of the Fire Department shall be the Fire Chief and Fire Marshal. He shall be appointed by the City Manager on the basis of his administrative ability and his qualifications for the fighting and prevention of fires.
[Ord. No. 2351 §1, 8-20-1979]
The Director of Public Works shall be a professional engineer, registered under the laws of the State of Missouri and qualified to perform the duties required of him by this Charter. He shall serve as City Engineer and shall have charge of:
1. 
The designing, construction, supervision and maintenance of all City buildings and structures.
2. 
The supervision of all public works and improvements undertaken by the City, including the grading, repair and maintenance of all streets, alleys, pavements, curbs and sidewalks.
3. 
The issuance and revocation of all building, plumbing and other construction permits.
4. 
The enforcement of all zoning ordinances and codes pertaining to the regulation of building construction and subdivision development.
5. 
Such other duties as may be prescribed by the City Manager.
[Ord. No. 2351 §1, 8-20-1979]
The Director of Finance shall have knowledge of municipal accounting and taxation, and shall have experience in budgeting and financial control. He shall have authority and be required to:
1. 
Maintain the books, records, and general system of accounts for the City and each of its departments and offices in accordance with accepted principles and practices of municipal accounting.
2. 
Collect all taxes, special assessments, license fees and other moneys due the City from any source whatsoever. All moneys collected by any other department or office of the City shall be promptly transmitted to the Director of Finance.
3. 
Have custody of all funds belonging to or under the control of the City, and promptly deposit all funds coming into his hands in such depositories as may be designated by resolution of the Council. All such funds shall be secured by the depositories in the manner required by law.
4. 
Certify, before any contract, order, or other document has been executed by which the City incurs financial obligation, that the expenditure is within the purpose of the appropriation ordinance and that an unencumbered balance, sufficient to pay the same, remains in the appropriation account against which such obligation is to be charged.
5. 
Invest all funds of the City under such regulation, if any, provided by the Council and invest funds held by the City in a fiduciary capacity in such securities and in such investments as is allowed by law.
6. 
Audit and approve before payment all bills, invoices, payrolls and other evidences of claims, demands or charges against the City, and issue warrants and draw checks in payment thereof, which checks shall be valid only when countersigned by the City Clerk, or in his temporary absence or disability, by some other officer of the City designated by the Council. Such countersignature shall be for the purpose only of attesting to the validity of the signature of the Director of Finance.
7. 
Perform such other duties as may be required by the City Manager.
There shall be within the Department of Finance, a division of purchases in charge of a Purchasing Agent. The Director of Finance or someone appointed by him with the approval of the City Manager shall serve in this capacity. The Purchasing Agent shall contract for, purchase, store, distribute, establish and enforce specifications, and account for all supplies, materials and equipment required by any department or office of the City.
Before the Purchasing Agent makes any purchase or contract for supplies, materials or equipment, ample opportunity for competitive bidding shall be given in accordance with such regulations and subject to such exceptions as the Council may prescribe by ordinance; provided, however, that the Council shall not except individual purchases or contracts from the requirement of competitive bidding.
Neither the Council nor any of its members shall direct or request the appointment of any person to office or his removal from office by the City Manager or any of his subordinates, nor in any way interfere with the appointment or removal of officers and employees in the administrative service of the City. Except for the purpose of inquiry, or as otherwise provided in this Charter, the Council and its members shall deal with the administrative officers and services solely through the City Manager, and neither the Council nor any member thereof shall give orders to the subordinates of the City Manager, either publicly or privately. Nothing in this Section shall prevent the City Manager, if he so desires, from consulting with the Council or members thereof as to the qualifications of prospective City employees. Any Councilman violating the provisions of this Section shall forfeit his office. Whether such violation has occurred shall be determined by the members of the Council and their decision shall be final.
The City Manager and Director of Finance shall, before entering upon the discharge of their duties, give bond with a surety company authorized to do business within the State of Missouri in such sums as may be prescribed by ordinance for the faithful and proper performance of the duties of their office, and for the prompt accounting for and paying over to the City of all City moneys that may come into their hands. Should the City Manager also serve as Director of Finance, the bond required by this Section shall cover him in such dual capacity.
Other officials and employees of the City shall be covered by a public employees faithful performance blanket bond in such amount as may be prescribed by ordinance. The City shall pay the premiums on all such bonds.
[Ord. No. 2351 §1, 8-20-1979]
There shall be a Park Board of five (5) members appointed by the Council for terms of four (4) years, except that of the members first appointed, two (2) shall be appointed to serve for two (2) years. All members of the Board shall be registered voters of the City, shall hold no elective or appointive office or position in the City Government, and shall serve without pay. The Board shall act in an advisory capacity to the Council, the City Manager, and the Director of Parks and Recreation in matters pertaining to parks and public recreation. The Board shall select its Chairman from among its membership.
[Ord. No. 2785 §1, 1-28-1986]
The City Manager shall, with the approval of the Council, appoint a City Attorney who shall have been licensed to practice law in the State of Missouri. He shall receive compensation as fixed by the Council. The City Manager shall have the power to remove the City Attorney, with the approval of the Council. The City Attorney shall:
1. 
Advise the Council, the City Manager, and all officers and department heads of the City concerning any question of law relating to their official duties or affecting the City's interests.
2. 
Examine and certify as to legality and form all contracts, deeds, bonds and other documents to be signed in the name of, or made to or with, the City.
3. 
Serve as Prosecuting Attorney of the Municipal Court.
4. 
Draft proposed ordinances at the request of the Council or any member thereof or the City Manager.
5. 
Represent the City in legal matters in which the City is a party or interested.
6. 
Perform such other duties of a legal nature as the Council may by ordinance or regulation require.
The Council may, by ordinance, on the recommendation of the City Manager, employ special counsel on a temporary basis as the need may arise.
[1]
Editor's Note — Ord. No. 4013 §§1 — 3, adopted October 17, 2011, sets out additional regulations concerning the City Attorney contained in section 115.040 of this Code.
[Ord. No. 2351 §1, 8-20-1979]
The Director of Parks and Recreation shall direct activities within the Department of Parks and Recreation. The Director shall be appointed by the City Manager on the basis of administrative ability and understanding of philosophies and experience in both parks and recreation. The Director of Parks and Recreation shall have charge of:
1. 
The supervision, maintenance and operation of all recreational facilities, public parks, playgrounds and swimming pools owned or operated by the City.
2. 
The creation and implementation of recreational programs designed to fill the leisure time needs of City residents.
3. 
Such other duties as may be prescribed by the City Manager.