[R.O. 2011 §110.040; CC 1974 §21.100; Ord. No. 018-2008, 10-27-2008]
A.
The
officers of this City shall consist of:
[R.O. 2011 §110.050; CC 1974 §21.110]
All appointive officers shall be appointed to serve at the pleasure
of the Mayor and the Board of Aldermen.
[R.O. 2011 §110.060; CC 1974 §21.120]
All Officers elected or appointed to offices under the City
Government shall be voters under the laws and Constitution of this
State and this Code; except, that appointed Police Officers, the City
Attorney and other employees having only ministerial duties need not
be voters of the City. No person shall be elected or appointed to
any office who shall at the time be in arrears for any unpaid City
taxes, or forfeiture or defalcation in office. All Officers, except
appointed Police Officers, the City Attorney, City Clerk, City Administrator
and other employees having only ministerial duties, shall be residents
of the City.
[R.O. 2011 §110.070; CC 1974 §21.130]
Every Officer of the City and his/her assistants, and every
Aldermen before entering upon the duties of his/her office shall take
and subscribe to an oath or affirmation before some person authorized
to administer oaths, that he/she possesses all qualifications prescribed
for his/her office by law; that he/she will support the Constitution
of the United States and of this State, the provisions of all laws
of this State affecting the City and the Code of Ordinances and other
ordinances of the City; and faithfully demean himself/herself while
in office, which oath or affirmation shall be filed with the City
Clerk. Every Officer of the City, when required by this Code or other
law or ordinance, shall, within fifteen (15) days after his/her appointment
or election, and before entering upon the discharge of the duties
of his/her office, give bond to the City in such sum and with such
sureties as may be designated by this Code or other ordinance, conditioned
upon faithful performance of his/her duty, and that he/she will pay
over all money belonging to the City and fully account for the same,
as provided by law, that may come into his/her hands. If any person
elected or appointed to any office shall fail to take and subscribe
such oath or affirmation, or to give bond as herein required, his/her
office shall be deemed vacant. For any breach of condition of any
such 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.
[R.O. 2011 §110.080; CC 1974 §21.140]
Upon filing of the oath of office and approval of bond, when
bond is required, the City Clerk shall deliver to the person elected
or appointed a commission signed by the Mayor, and under the Seal
of the City, duly countersigned by the Clerk, authorizing the person
therein named to discharge the duties of the Office therein named
for the term for which he/she was appointed or elected.
[R.O. 2011 §110.090; CC 1974 §21.150]
The Board of Aldermen shall have the power to fix the compensation
of all officers or employees of the City by ordinance. The salary
of an Officer shall not be changed during the time for which he/she
was elected or appointed. In addition to the fees allowed by this
Code or other law or ordinance the City Officers shall receive such
compensation for their services as the Board of Aldermen shall from
time to time provide.
[R.O. 2011 §110.095; Ord. No. 720 §§1 — 2, 12-7-1998]
A.
The
Board of Aldermen of the City of Cabool, Missouri, do hereby establish
as public policy that any additional compensation or benefits paid
or delivered to its officers and employees constitute expenditures
for public purposes and are not to be considered as extra compensation,
fees or allowances for services already rendered and performed by
said officers and employees.
B.
The
Board of Aldermen may, in their discretion, each calendar year allocate
monies from the general revenue of the City of Cabool for direct payment
or for payment for food or merchandise items to supplement and be
a part of any compensation paid to its officers and employees. Any
monetary consideration paid to said officers and employees shall be
reported by the same on W-2 employment forms, if applicable.
[R.O. 2011 §110.100; CC 1974 §21.160]
A.
The
Mayor, Municipal Judge and City Clerk are hereby empowered and authorized
to administer oaths or affirmations in the following cases:
1.
The Mayor, to witnesses or other persons concerned with any subject
under consideration by the Board of Aldermen in which the interest
of the City is involved.
2.
The Municipal Judge, to witnesses, jurors, or other persons relating
to any trial or other proceedings within the jurisdiction of his/her
court.
3.
The City Clerk, to any person certifying to any demand or claim against
the City concerning the correctness of the same.
A.
The
Mayor may, with the consent of a majority of all the members elected
to the Board of Aldermen, remove from office, for cause shown, any
elective officer of the City, such officer being first given opportunity,
together with his/her witnesses, to be heard before the Board of Aldermen
sitting as a Board of Impeachment. Any elective officer, including
the Mayor, may in like manner, for cause shown, be removed from office
by a two-thirds (2/3) vote of all members elected to the Board of
Aldermen, independently of the Mayor's approval or recommendation.
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.
The Board of Aldermen may pass ordinances regulating the manner of
impeachments and removals.
B.
Nothing
in this Section shall be construed to authorize the Mayor, with the
consent of the majority of all the members elected to the Board of
Aldermen, or the Board of Aldermen by a two-thirds vote of all its
members, to remove or discharge any "chief," as that term is defined
in Section 106.273, RSMo.
[R.O. 2011 §110.110; CC 1974 §21.170]
A.
Vacancies
shall be filled as follows:
1.
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 by appointment by the Mayor with the advice and
consent of a majority of the remaining members of the Board of Aldermen.
If the vacancy is in the office of Mayor, nominations of a successor
may be made by any member of the Board of Aldermen and selected with
the consent of a majority of the members of the Board of Aldermen.
The Board of Aldermen may adopt procedures to fill vacancies consistent
with this Section. The successor shall serve until the next regular
municipal 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.
2.
Immediately upon the suspension of an officer it shall be the duty
of the Mayor to appoint a competent and responsible person to discharge
the duties of such officer for the period of the suspension.
