All powers of the City of Neosho shall be vested in the City Council except as otherwise provided by law or this Charter.
The Council shall provide for the exercise of such powers and for the performance of all duties and obligations imposed on the City by law or this Charter of all duties and obligations imposed on the City by law or this Charter.
The City Council shall consist of five (5) members elected at large by the voters of the City. Members of the Council shall be the elective officers of the City. Said members shall be nominated and elected as provided in Article IX of this Charter.
[Ord. No. 95-3 §2, 1-17-1995; passed in election 4-4-1995]
Any voter of the City who has reached the age of twenty-one (21) years prior to taking office shall be eligible to hold office on the Council. Members of the Council shall be elected for a term of three (3) years commencing on the third (3rd) Tuesday in April following their election and continuing until their successors are duly elected and qualified, or until their offices are vacated. Before assuming the duties of office, each Council member shall take an oath of office.
Each member of the Council shall receive ten dollars ($10.00) for each meeting of the Council attended, not to exceed twenty-five dollars ($25.00) per month. In addition, members shall receive the necessary actual expenses incurred in the performance of their duties of office.
[Ord. No. 472-2011 §1 (Proposition 1), 5-3-2011; passed in election 4-5-2011]
Selection. The Council, at the time of organization within twenty-one (21) days of County Clerk Certification, shall elect one (1) of its members as Mayor and another as Mayor Pro Tempore for a term of one (1) year. In case the members of the Council are unable to agree upon a Mayor or a Mayor Pro Tempore, or both, within five (5) days of the organizational meeting, said official shall be selected by lot from all the members of the Council.
Duties. The Mayor shall preside at all meetings of the Council and shall have a voice and vote in all proceedings, but no veto. This official shall appoint all committees, the appointment or election of which is not otherwise provided. The Mayor shall have no administrative duties but shall be recognized as the official head of City for civil, military, and ceremonial purposes, and shall perform such other duties imposed by this office or as may be assigned by the Council.
Mayor Pro Tempore. The Mayor Pro Tempore shall perform the duties of Mayor during the absence or disability of the Mayor. In the absence of both the Mayor and the Mayor Pro Tempore, the Council shall elect one (1) of their members to perform the duties of Mayor.
Holding Other Office. No former Council member shall hold any compensated appointive City office or employment until one (1) year after the expiration of the term for which elected to the Council.
Appointments and Removals. Neither the Council nor any of its members shall dictate the appointment or removal of any City Administrative Officer or employee whom the Manager or subordinates of the Manager are empowered to appoint, but the Council may express its views and fully and freely discuss with the Manager anything pertaining to appointment and removal of such officers and employees.
Interference with Administration. Except for the purpose of inquiries and investigations under provisions of Section 2.11, the Council or its members shall deal with City Officers and employees who are subject to the direction and supervision of the Manager solely through the Manager, and neither the Council nor its members shall give orders to any such officer or employee, either publicly or privately.
Coercion by Council Members. No member of the Council shall in any manner, directly or indirectly, by suggestion or otherwise, attempt to influence or coerce the City Manager in the making of purchases of supplies or equipment for the City.
Vacancies. The office of a Council member shall become vacant upon the death, resignation, removal from office in any manner authorized by law, or forfeiture of office of a member.
Forfeiture of Office. The office of a Council member shall be forfeited if the member:
Lacks at any time during the term any qualification for the office prescribed by this Charter or by law;
Violates any express prohibition of this Charter;
Is convicted of a crime involving moral turpitude;
Remains in default to the City after notice of such default;
Moves residency from the City;
Fails to attend three (3) consecutive regular meetings of the Council without being excused by the Council;
Fails to attend fifty percent (50%) of the meetings of the Council held during the preceding six (6) months.
[Ord. No. 95-3 §2, 1-17-1995; passed in election 4-4-1995]
By resolution passed by a majority vote, the remaining members shall fill any vacancy on the Council. A Council member so appointed shall hold office until the next regular City election, at which time a member shall be elected to serve the unexpired term, if any. The requirement for a quorum, as provided in Section 2.14 of this Charter shall govern only if sufficient members remain on the Council. If the Council fails to fill said vacancy within thirty (30) days following its occurrence, the City Clerk shall call a special election to fill the vacancy. Said election shall be held on the next available election date following the occurrence of the vacancy, except that no election shall be called for such purpose within ninety (90) days preceding the regular City election.
The Council shall be the judge of the election and qualifications of its members and of the grounds for forfeiture of their office, as provided in Section 2.07 and Article XI, and for that purpose shall have power to subpoena witnesses, administer oaths and require the production of evidence. A member charged with conduct constituting grounds for forfeiture of office shall, upon request, be entitled to a public or private hearing before the Council.
The Council shall provide for an independent audit of all City accounts at least annually. Such audit shall be made by a certified public accountant or by a public accountant who shall attest to his independence in regard to the fiscal affairs of the City Government. A copy of the audit report shall be available in the office of the City Clerk for public inspection.
The Council may make investigations into the affairs of the City and the conduct of any City Department, office or agency and for this purpose may subpoena witnesses, administer oaths, take testimony and require the production of evidence. Any person who fails or refuses to obey a lawful order issued in exercise of these powers by the Council shall be guilty of a misdemeanor and shall be punishable as provided by ordinance.
[Ord. No. 03-2014 §§1 — 4, 1-21-2014]
Ethic prohibitions. Council shall enact code provisions identifying prohibited conduct of its members including, but not limited to, Improper Use of Public Property; Conflicts of Interest; Influencing the City's business relationships with a business of which a council member has an interest in and/or is so employed; Appearing in a proceeding adverse to the City unless under subpoena; Disclose or use confidential information gained by reason of the members position on the Council; Having a financial or personal interest in pending legislation and participating in discussion unless such interest is disclosed on the record; Holds, directly or indirectly, any interest in real estate situated within the City and participates in discussion regarding the regulation or zoning of such real estate unless such interest is disclosed on the record; and Representing individual opinions as that being the opinion of the Council unless Council affirmatively voted and passed an ordinance, resolution or motion that states the expressed policy.
Ethics Board. Council shall establish by code an Ethics Board for the purpose of insuring the proper implementation of the code of ethics, determining violations of the code and advising the Council of appropriate penalties thereof. The board shall operate as a board only during the review of a specific complaint. No anonymous complaint shall be reviewed. Any complaint filed within fifteen (15) days of the general municipal election shall be reviewed subsequent to the election. Nothing in this Section shall limit any Missouri statutorily provided remedy for the filing of a frivolous complaint.
Penalty. Any councilmember who willfully violates any provision of this Section may thereby be admonished, reprimanded and/or forfeit his or her office or position with the City and unless otherwise punishable, may be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine not more than five hundred dollars ($500.00) or by imprisonment for not more than thirty (30) days, or both.
Editor's Note — Ord. no. 330-2008 §1, adopted May 6, 2008, abolished the position of "city treasurer" and the city clerk may perform the same duties as the city treasurer. As the city does not levy real or personal property tax, the requirement of this position is not necessary. The city has and will continue to utilize city officers to manage and account for city monies, all of which is reviewed annually by an independent auditor.
Editor’s Note: Ord. No. 18-2014 §§1 — 4, 5-6-2014, stated that the qualified voters of the City of Neosho, at a municipal election held 4-8-2014, passed the Charter amendment adopted by Ord. No. 03-2014.
The Council shall appoint a City Clerk who shall hold office at the pleasure of the Council and receive compensation as determined by it. The Clerk shall keep the journal of the proceedings of the Council and perform such other duties as may be assigned by Statute, this Charter or the City Council.
The Council may provide for the assignment or performance of duties by the Clerk under the supervision of the City Manager.
[Ord. No. 95-3 §2, 1-17-1995; passed in election 4-4-1995; Ord. No. 330-2008 §1, 5-6-2008; passed in election 4-8-2008]
Regular Meetings. The Council shall meet regularly at least once each month at such times and places as the Council may prescribe by rule. All meetings of the Council shall be open to the public, except as provided by the Statutes of Missouri.
Special Meetings. The Mayor may, or at the request of two (2) members of the Council, shall call a special meeting of the Council for a time not earlier than twelve (12) hours after notice is given to all members of the Council then in the City. Special meetings of the Council may also be held at any time by the consent of all the members of the Council. The City Manager shall receive notice of all special meetings of the Council.
Quorum. A majority of the Council (three (3) members) shall constitute a quorum for the transaction of business, but a smaller number may adjourn from day to day and compel the attendance of absent members in such manner and under such penalties as the Council may provide.
The Council shall provide for the keeping of a journal of its proceedings which shall be open to public inspection. Except as herein provided, the Council shall by ordinance determine its own rules and order of business.
[Referendum of 11-5-1991]
Unless otherwise provided by Statute or this Charter, all actions of the Council shall require an affirmative vote of three (3) members. Voting, except on procedural matters, shall be by roll call. In all roll call votes the names of the members of the Council shall be called in alphabetical order and the name to be called first (1st) shall be advanced one (1) position alphabetically in each successive roll call vote. Upon final passage of every ordinance or resolution, the "ayes" and "nays" shall be recorded in the journal.
[Ord. No. 96-17 §2, 5-21-1996; Ord. No. 330-2008 §1, 5-6-2008; passed in election 4-8-2008]
Introduction. Those legislative acts of the Council, permanent in nature, shall be by ordinance. An ordinance may be introduced by any member of the Council at any regular meeting, or at a special meeting, wherein said proposed ordinance appears on the agenda for the meeting. Every ordinance shall be by bill in written or printed form with the subject of the ordinance clearly expressed in its title. The enacting clause shall be "BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NEOSHO, MISSOURI."
Standard Codes. The Council may adopt any standard code of technical regulations by reference thereto without the necessity of setting forth the same in detail, provided however, the code of technical regulations shall be attached to the ordinance adopting the same and copies of the technical code adopted shall remain on file in the office of the City Clerk and shall be available for public inspection by all interested persons.
Reading of Bills. All bills shall be read three (3) times before final passage, with no more than two (2) readings (except readings of appropriation and emergency measures) at the same session. The readings of bills may be by title only unless reading in full is required by State Statute or court decision or requested by one (1) or more members of the Council. Except for appropriation ordinances for payment of obligation incurred by the City and emergency measures, at least seven (7) days shall elapse between the introduction and final passage of any bill. Appropriation ordinances and emergency measures may be read three (3) times and finally passed at the meeting at which presented.
Filed with Clerk. Every bill introduced shall be filed with the City Clerk, and shall be available in that office for public inspection until acted upon by the Council.
Public Hearings. Prior to the final passage of any bill, except as hereafter provided, all persons interested therein may be heard before the Council at regular or special meetings in accordance with such rules or regulations as the Council may establish.
Final Passage. After the third (3rd) reading of any bill and compliance with other provisions herein, the Council may pass a bill with or without amendment. If the bill is amended in such manner as to constitute a change in substance, as determined by the Council, final action shall be taken at a subsequent meeting.
Any ordinance, when passed by the Council, shall be signed by the Presiding Officer, attested by the City Clerk, properly indexed in a book kept for the purpose, filed and preserved as a public record in that office.
Effective Date. Unless an alternative date is specified therein, every ordinance shall become effective immediately after its final adoption.
Subject to Referendum. Except as otherwise provided in this Charter, any ordinance legislating a change in policy for the City, as distinguished from one administrative in nature, shall be subject to referendum as prescribed in Article X.
Note — Ord. no. 96-17 was passed by the voters in the election of August 6, 1996.
[Ord. No. 330-2008 §1, 5-6-2008; passed in election 4-8-2008]
An ordinance may be passed as an emergency measure on the day of the introduction of the bill if it contains the statement that an emergency exists and specifies distinctly the facts and reasons constituting the emergency. No ordinance granting, enlarging, or affecting any franchise shall be passed as an emergency measure. The emergency procedure shall be restricted to the following:
Bills concerning the immediate preservation of public peace, property, health, safety, or morals.
An appropriation for payment of principal or interest of the public debt.
An appropriation for the payment of current expenses of the city government or payment of compromise settlement of damage claims upon recommendation of the city attorney.
Calling an election or providing for the submission of a proposal to the people.
Any ordinance fixing any tax rate or assessment.
Any ordinance relating to the public improvement to be paid for by special assessment.
The Council may act on matters of a transitory nature by resolution. A resolution may be adopted at the meeting at which it is presented following the first (1st) reading.
The Council may, without the constraints imposed by this Charter for the enactment of an ordinance, act on such other incidental matters as it may see fit, with the "ayes" and "nays" to be recorded in the journal.
Within five (5) years after the effective date of this Charter, and thereafter as the Council may determine, all ordinances and resolutions having the force and effect of law shall be revised, codified and promulgated according to a system of continuous numbering and revision as specified by ordinance.