Charter Reference — City council, art. II.
[Code 1962 §2-10; CC 1979 § 2-14]
No person shall be eligible to the office of Councilman who is not a voter of the City.
Charter Reference — Qualifications, §2.03.
[CC 1979 §2-15; Ord. No. 860 §II, 1-22-1974; Ord. No. 1225 §1, 6-19-1984]
The form of petition for nomination of candidates for City Council shall be the following:
Charter Reference — Council to provide for form of petition, §9.06.
[CC 1979 §2-16, Ord. No. 949 §§1, 2, 2-1-1977]
In the event of a disaster which renders unavailable all of the City Council, a new City Council shall be selected as hereinafter set out in order that Government of the City may continue uninterrupted until a new Council is selected according to law.
The City Clerk shall keep at her office a list of all former Council members who have served in the preceding five (5) years, and in the event of a disaster which renders all of the Council unavailable the City Clerk shall swear in as new members of the City Council, persons available for service who so indicate that they will serve, those persons having served last on the City Council being selected first.
[Code 1962 §2-11; CC 1979 §2-17]
Regular meetings of the City Council shall be held at least once each month.
[Code 1962 §2-12; CC 1979 §2-12]
Special meetings may be called by the Mayor at his/her own instance or upon written application of two (2) members of the Council. Notice of such meeting shall be given in conformance with Section 610.020, RSMo., provided that no business other than that specified in such written notice shall be transacted at such special meeting.
Charter Reference — Special meetings, §2.14.
[Ord. No. 74-2020, 3-21-2020]
Policy Statement. While it is legally permissible for members of the City's public governmental bodies to attend meetings and vote via videoconference transmission, a member's use of videoconference attendance should occur only sparingly. Because it is good public policy for citizens to have the opportunity to meet with their elected officials face-to-face, elected members of a public governmental body should endeavor to be physically present at all meetings unless attendance is unavoidable after exercising due diligence to arrange for physical presence at the meeting. The primary purpose of attendance by videoconference connection should be to accommodate the public governmental body as a whole to allow meetings to occur when circumstances would otherwise prevent the physical attendance of a quorum of the body's members. A secondary purpose of attendance by videoconference should be to ensure that all members may participate in business of the public governmental body that is emergency or highly important in nature and arose quickly so as to make attendance at a regular meeting practically impossible. Except in emergency situations, all efforts should be expended to ensure that a quorum of the members of the public governmental body be physically present at the normal meeting place of the body.
Videoconference Defined. For purposes of this section " videoconference" or "videoconferencing" shall refer to a means of communication where at least one member of a public governmental body participates in the public meeting via an electronic connection made up of three components: (1) a live video transmission of the member of the public governmental body not in physical attendance; or (2) a live audio transmission allowing the member of the public governmental body not in physical attendance to be heard by those in physical attendance; or (3) a live audio transmission allowing the member of the public governmental body not in physical attendance to hear those in physical attendance at a meeting. If at any time during a meeting one or more of the elements of a videoconference becomes compromised(e.g., if any participants are unable to see, hear, or fully communicate), then the videoconference participant is deemed immediately absent, and this absence should be reflected in the minutes. A videoconference participant's absence may compromise a quorum in which case the applicable Missouri laws shall take effect regarding a broken quorum.
Frequency Of Use Of Videoconference Attendance. A member of a public governmental body shall not attend more than two (2) meetings via videoconference in a rolling twelve-month period, unless specifically waived and additional appearances be allowed by a majority of the City Council. In keeping with the policy stated in Subsection (A) above, attendance via videoconference should only occur sparingly and for good cause. Such good cause shall be at the discretion of the member seeking to attend by videoconference, but shall be for significant reasons, including, but not limited to, serious illness or injury of the member or a member of his or her immediate family, including father or mother, spouse, sibling, child, or grandchild and declared national or State of Missouri declaration of a state of emergency.
Physical Location. Members of the public may not participate in a public meeting of a governmental body via videoconference. The public wishing to attend a meeting, and elected officials not participating via videoconferencing of a meeting, shall participate at the physical location where meetings of the public governmental body are typically held, or as provided in a notice provided in accordance with the Sunshine Law.
Public Access. If the governmental body chooses to have a meeting by telephone or other electronic means and there exists no physical location of the meeting, the public governmental body shall include, in its meeting notice, information on how the public may access that meeting via telephone or other electronic means.
Quorum. Members of the governmental body must be at the physical location for the meeting or appearing by videoconference to be counted towards the quorum. Any member appearing solely by voice or conference call is not counted as present for quorum.
Participation. The public governmental body shall cause there to be provided at the physical location communication equipment consisting of an audio and visual display, and a camera and microphone so that the member(s) of the public governmental body participating via videoconferencing, the members of the public governmental body in physical attendance, and the public in physical attendance may actively participate in the meeting in accordance with rules of meeting decorum. The communication equipment at the physical location of the meeting must allow for all meeting attendees to see, hear, and fully communicate with the videoconferencing participant. This requirement shall be subject to social interaction limitations or restrictions as duly enacted by the Neosho City Council, State of Missouri or United States of America.
Voting. Elected members of a public governmental body attending a public meeting of that governmental body via videoconference are deemed present for purposes of participating in a roll call vote to the same effect elected members of a public governmental body in physical attendance at a public meeting of that governmental body are deemed present. As indicated in Subsection (B) above, if any component of the videoconference communication fails during the meeting, the member attending the meeting by videoconference whose connection failed shall be deemed absent immediately upon such failure, and if the public governmental body was in the act of voting, the voting shall stop until all of the components of videoconference attendance are again restored and the videoconference participant's presence is again noted in the minutes.
Closed Meetings. In a meeting where a member of a public governmental body is participating via videoconferencing and the meeting goes into a closed session, all provisions of Missouri law and City ordinances relating to closed sessions apply. Upon the public governmental body's vote to close the meeting, all members of the general public shall not be present. Likewise, a member of a public governmental body participating via videoconferencing must ensure there are no members of the public present at their location to see, hear, or otherwise communicate during the closed session. The member must also take all reasonable precautions to guard against interception of communication by others. Failure to ensure the requirements of this subsection may result in corrective action by the full public governmental body in accordance with the City of Neosho ordinances and regulations.
Minutes. In the meeting, whether in open or in closed session, the minutes taken should reflect the member, if any, participating via videoconference; the members in physical attendance; and members, if any, absent.
Emergency Meetings. In the event that emergency circumstances create impossibility for the members of a public governmental body to physically attend, the body as a whole may meet and, if necessary, vote pursuant to Section 610.015, RSMo., by telephone, facsimile, internet or any other voice or electronic means. Examples of such emergency circumstances include, but are not limited to, declaration of national emergency, war, riot, terrorism, widespread fire, or natural disaster such as earthquake, tornado, hurricane, flood, or blizzard. To the extent possible in such circumstances, the public governmental body shall use reasonable efforts to cause a physical location to be provided for public attendance and participation.
[Code 1962 §2-13; CC 1979 § 2-13]
The Council shall consist of five (5) members elected at large by the voters of the City. The terms of Councilmen shall be three (3) years.
Charter Reference — Composition, §2.02.
[Code 1962 §2-14; CC 1979 § 2-20]
Should a vacancy occur in the office of Councilmen by death, resignation or otherwise, the remaining members shall fill the vacancy by resolution passed by a majority vote. The appointee shall hold office until the next regular City election at which time a member shall be elected to fill the unexpired term, if any.
Charter Reference — Filling of vacancies, §2.08.
[Code 1962 §2-15; CC 1979 § 2-21]
All Councilmen shall be elected at large, but for voting purposes the Council shall divide the City into voting precincts.
[Code 1962 §2-16; CC 1979 § 2-22]
Three (3) members of the Council shall constitute a quorum to do business; but no action thereof shall be valid unless at least three (3) members shall vote in favor of such action. Upon every vote the "ayes" and "nays" shall be called and recorded and every motion, resolution and ordinance shall be reduced to writing before the vote is taken thereon. Every resolution and ordinance passed by the Council must be signed by the Mayor or in his/her absence by the Mayor Pro Tem, or by two (2) members of the Council before the same shall be effective.
Charter Reference — Ordinances, §2.17.
[Code 1962 §2-19; CC 1979 § 2-23]
No member of the City Council shall be permitted to vote for or against any ordinance appropriating money, or for the allowance of any account or claim, or for the award or approval of any contract in which such member is directly or indirectly interested.
Charter Reference — Personal financial interests, §11.02.
[Ord. No. 435-2010 §1, 7-20-2010]
Definitions. For the purposes of this Section the following definitions shall apply:
- Any corporation, partnership, sole proprietorship, firm, enterprise, franchise, self-employed individual, consultant, holding company, joint stock company, receivership, trust or any legal entity organized for profit.
- 1. Any business in which the official, or a member of the official's immediate family is a director, officer, shareholder of ten percent (10%) or more of the aggregate number of shares issued, or owner of ten percent (10%) or more of the total beneficial ownership interest.
- 2. Any business with which the official has a contractual relationship, except contracts involving obligations of five hundred dollars ($500.00) or less, commercially reasonable loans made in the ordinary course of business, or contracts for commercial retail sales.
- Every individual elected or appointed to the City Council.
- IMMEDIATE FAMILY
- The husband, wife, son, daughter, father, mother, brother, sister, father-in-law, mother-in-law or any other relative or significant other living in the official's household.
- Any direct or indirect monetary or material benefit accruing to a City Official as a result of contracts or transactions which are or may be the subject of an official act or action by or with the City, except contracts or transactions which confer similar benefits to all other persons and/or property similarly situated.
Improper use of public property. No City Official, except when acting on the behalf of the City, shall use or possess any property unless such use is available to the public generally.
Conflict of interest. No City Official shall engage in any act which is in conflict with the performance of official duties. No official or immediate family member shall:
Receive, acquire or possess any financial interest in the sale of any service or property to the City when the financial interest was acquired with prior knowledge that the City intended to purchase such property or obtain such service;
Solicit or receive any gift, loan, favor, entertainment or other thing of monetary value if the gift, loan, favor, entertainment or other thing of monetary value was solicited, received or given with the intent to give or obtain special consideration or influence as to any job-related action by the official. Provided, this Section shall not apply to:
Attendance at a hosted meal provided in conjunction with a meeting, seminar, conference, etc., which relates directly to City business, or which is attended as a staff representative,
An award publicly presented in recognition of public service, or
Any gift which would have been offered or given to the official regardless of City position.
Influence the City's selection of, or its conduct of business with which the official is associated as an officer, director, official, agent or stockholder or has an ongoing contractual relationship;
Engage in, accept private employment or render services for a private interest when such employment or service is incompatible with the proper discharge of the official's duties, or tends to impair his or her independence of judgment or action in the performance of official duties;
Appear on behalf of any other private person or business, except as a witness under subpoena, before any regulatory governmental agency or court of law in an action or proceeding directly adverse to the City or in which the City or a City Officer in an official capacity is a party. This Section shall not apply to any proceeding in which the official has a personal interest which is disclosed to the City at a regular or special meeting of the City Council on the record;
Disclose or use any information gained by reason of position for the immediate or anticipated benefit of the official, or any other person; or advance a private interest with respect to any contract or transaction which is or may be the subject of official action of the City. Provided, nothing shall prohibit the disclosure or use of information which is a matter of public knowledge, or which is available to the public on request;
Have a financial or personal interest in any legislation pending before the City Council and participate, discuss or give an official opinion to the City Council, or any committee of the Council, unless the nature and extent of such interest is disclosed, on the record, to the Council;
Hold, directly or indirectly, for the purpose of personal financial gain, investment or speculation, any interest in real property situated within the City, if such official performs any function requiring the exercise of discretion on behalf of the City in regard to the regulation of land use or development pertaining to that property, unless the nature and extent of such interest is disclosed, on the record, to the Council;
Represent that opinions stated by a Council member are those of the Council unless the Council has voted and passed an ordinance, resolution or motion that so states the expressed policy or opinion;
Deliberate in a matter when such matter is determined to be a conflict of interest. To avoid the appearance of impropriety, after an official is determined to have a conflict of interest or a potential conflict of interest in any matter, and once all questions relating to the conflict of interest have been answered, the official shall immediately leave the meeting room, except that if the matter is being considered at a public meeting, the official may remain in the area of the room occupied by the general public. If an official who has a conflict of interest in a matter is present as a member of a body which is to consider the matter, the public servant shall leave his or her regular seat as a member of the body, and not return to it until deliberation and action on the matter is completed;
Divulge to any unauthorized person confidential information acquired in the course of holding his or her position in advance of the time prescribed by the Governing Body, administrators, or other applicable law for its release to the public.
Former Officials. No former official shall, during the period of one (1) year after leaving City office:
Disclose, divulge or use any information gained by reason of his or her City employment for his or her gain or anticipated gain, or for the gain or anticipated gain of any person, unless the information is a matter of public knowledge or is available to the public on request;
Assist any person in proceedings involving any department of the City with which the former official was officially involved while a City Official; or
Represent any person as an advocate in any matter in which the former official was officially involved while a City Official.
Political activities. No official or his or her immediate family shall solicit funds on City property.
Ethics Board created.
There is created an Ethics Board for the purpose of insuring the proper implementation of the conduct of ethics, determining violations of this Code and recommending appropriate penalties. The Board shall operate as a Board only during the review of a specific complaint.
The Board shall be composed of three (3) citizen members at large who are appointed by the Mayor and confirmed by a majority vote of the City Council.
The initial Board shall be appointed for the following term: one (1) Board member shall be appointed for a three (3) year term, one (1) Board member for a two (2) year term and one (1) Board member for a one (1) year term. Thereafter, Board members shall be appointed for two (2) year terms.
Removal. Board members may be removed from office by the City Council for cause. Absence from three (3) consecutive meetings of the Board shall be deemed a resignation of the absent Board member and said Board position shall be deemed vacant by the Board and a new Board member appointed by the Mayor and confirmed by a majority vote of the City Council.
Board authority/duties. The Board shall:
Adopt, amend and rescind rules and regulations necessary to carry out the provisions of this Section and govern the conduct of the Board. The Board may authorize investigations and hold hearings in accordance with such administrative rules and proceedings as may be adopted by it in furtherance of its purposes;
Make expenditures in accordance with the annual budget adopted by the City Council and utilize the services of the City Attorney as the Board may deem necessary or advisable for assistance in carrying out its duties;
Make recommendations to the City Council for amendments to this Section and such other legislation affecting the subject matter of this Section as the Board may deem necessary or desirable.
Complaints and investigations.
Any person may file a complaint alleging a violation of this Code. If such complaint is filed by a member of the Ethics Board, he or she is then disqualified from participating in any proceeding that may arise from the complaint.
The complaint shall be in writing and shall be signed by the complainant. The written complaint shall state the nature of the alleged violation(s), the date(s), time and place of each occurrence, and the name of the person(s) charged with the violation(s). The complaint shall be filed with the Board that shall provide a copy to the person charged with the violation(s). The complaint shall provide the Board with all available documentation or other evidence to demonstrate a reason for believing that a violation has occurred.
Within thirty (30) days after receipt of a complaint, the Ethics Board shall conduct a preliminary investigation.
If the Ethics Board determines, after preliminary investigation, that there are no reasonable grounds to believe that a violation has occurred, the Ethics Board shall dismiss the complaint. If the complaint is dismissed, it shall be done in writing, setting forth the facts and the provisions of this Section upon which the dismissal is based, and shall provide a copy of the written dismissal to the complainant, to the official charged with the violation and to the City Council members.
If, after a preliminary investigation, the complaint is not dismissed, the Ethics Board shall set the matter for hearing within thirty (30) days.
Conduct of hearings — oath — subpoenas.
Within thirty (30) days from the date a complaint is set by the Ethics Board for hearing, the Board shall hold a hearing and issue a written determination stating whether the Code has been violated and setting forth the facts and the provisions of law upon which this determination is based. A copy of said determination shall be delivered to the complainant, to the official charged with the violation and to the City Council members.
All hearings that are held to determine whether the provisions of this Section have been violated shall be conducted in conformance with Ethics Board rules and regulations except as otherwise provided in this Section.
Oaths. In the performance of the duties imposed upon the Board by this Code, the Chairperson shall have the power, and is authorized, to administer oaths and affirmations and examine witnesses.
The Board or the Chairperson thereof may request that the City Council issue administrative subpoenas to compel the attendance of persons, and the production of documents, papers, books, accounts, letters and records.
Counsel. Any person summoned to appear before the Board to give evidence shall have the right to be represented by counsel, at his or her expense.
Decisions — violations.
If the Board determines that a City Official has violated the provision of this Code, the Board may recommend to the City Council that the official be subject to disciplinary action. In addition to any other penalty herein or otherwise provided by law, a violation shall be cause for suspension, discharge or removal of office or such other disciplinary action as may, by the appropriate City authority, be deemed necessary and proper, and consistent with the City Charter, Code and/or State law. A written report of the disciplinary action taken as a result of the Board's recommendation shall be made by the appropriate City authority to the Board within fourteen (14) calendar days after receipt of the Board's recommendation.
Upon receipt of the written report of the disciplinary action taken, or in the event no report is received, the Board shall review such matter and make such further recommendations as may be appropriate.
Penalties. Violation of a provision of this Section is an infraction. Any person who knowingly violates any provision of this Section shall be punished by a fine not to exceed five hundred dollars ($500.00).
[Code 1962 §2-20; CC 1979 §2-24]
Resignations of Councilmen shall be in writing, and addressed to the Mayor.
[Code 1962 §2-21; CC 1979 §2-25; Ord. No. 907 §1, 9-16-1975]
Regular Meetings. After the minutes of the preceding meeting shall have been read and approved, the business of regular meetings shall be disposed of in the following order:
Visitors recognized for the purpose of stating the subject of business before the Council.
Reading and hearing petitions and other communications.
Introduction of new ordinances.
Introduction of new resolutions.
Reports of City Officers.
Allowance of accounts and claims.
Communications From Mayor. Communications from the Mayor may be read at any time, but no business shall be taken up or considered until the class to which it belongs shall be declared in order.
Charter Reference — Authority to establish order of business, §2.15.
[Code 1962 §2-17; CC 1979 §2-26]
Except as otherwise provided by this Chapter, the Council of the City shall have all of the powers not denied by the Constitution or Statutes of the State or the City Charter.
It shall be the duty of the City Council to pass all ordinances and other measures conducive to the welfare of the City and to the proper carrying out of the provisions of law. It shall appoint a suitable person not a member of the Council to be the administrative head of the City Government whose official Title shall be "City Manager." The Council shall also provide for all offices and positions in addition to those specified by this Article which may become necessary for the proper carrying on of the work of the City, and shall fix the salary and compensation of all Officers and employees of the City not herein provided for. All Officers of the City shall be paid in equal monthly installments for their services and all employees of the City shall be paid monthly or at such shorter periods as the Council shall determine. The creation of all offices and salaries attached thereto, which may be provided for by the Council shall be by ordinance, and shall be for an indefinite term. The Council shall also provide office rooms at the City Hall or at some other convenient and suitable place in the City for the transaction of the business of the City and for the convenience of its Officers.
Charter Reference — Council's powers, §1.03.
[Code 1962 §2-18; CC 1979 §2-27; Ord. No. 556 §2, 8-20-1963; Ord. No. 92-48 §§1, 2, 10-20-1992]
The Council shall appoint a City Manager, a City Clerk, a City Treasurer and a City Attorney. Once appointed, the Officers so appointed shall continue to serve at the pleasure of the Council. The Council shall evaluate the Officers so appointed at the first (1st) regularly scheduled Council meeting in September, or whenever the Council deems appropriate.
[Code 1962 §2-22; CC 1979 §2-28]
The title of every bill shall indicate the purpose or objects sought to be accomplished thereby.
[Code 1962 §2-23; CC 1979 §2-29]
When a bill is put upon its final passage and, failing to pass, a motion is made to reconsider the vote by which it was defeated, the vote upon such motion to reconsider shall be immediately taken, and the subject finally disposed of before the Council proceeds to any other business.