[R.O. 1993 § 110.010; CC 1963 Ch. 2 Art. VI § 2-57]
All officers elected or appointed to offices under the City
Government shall be qualified voters under the laws and Constitution
of this State and the ordinances of the City, and, except the City
sextons, must be residents 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.
[R.O. 1993 § 110.020; R.O. of 1938, § 315;
CC 1963 Ch. 2 Art. VI § 2-64]
Every officer, whether elected or appointed, shall, upon receiving
his/her certificate and before entering upon the performance of the
duties of his/her office, take and subscribe to an oath or affirmation
before the Clerk of some Court of Record in Mississippi County, the
City Clerk, or the Municipal Judge, that he/she possesses all the
qualifications prescribed for his/her office by law; that he/she will
support the Constitution of the United States, and the Constitution
and the laws of the State of Missouri, the provisions of all the laws
of this State affecting cities of the Third Class, and the ordinances
of the City of Charleston, and will faithfully demean himself/herself
in office; which oath of office shall be filed with and faithfully
preserved by the City Clerk.
[R.O. 1993 § 110.030; Ord. No.
2229 §§ 1-6, 2-9-1993]
A. Definitions.
For the purposes of this Section, the following terms shall be construed
to have the meanings set forth below:
APPOINTED CITY OFFICIAL
The City Manager, Director of Public Safety, City Clerk,
City Assessor, City Treasurer, City Attorney, Director of Public Works
and Code Enforcement Officer.
RELATIVE
A spouse, father, mother, son, daughter, grandfather, grandmother,
grandson, granddaughter, brother, sister, half-brother, half-sister,
uncle, aunt, niece, nephew, father-in-law, mother-in-law, sister-in-law
or brother-in-law who is related within the fourth degree of consanguinity
or affinity to an elected City Official or appointed City Official.
B. Employment
Of Relatives Of Elected Officials Prohibited. No individual may be
hired by City as a full-time employee, defined as an individual who
routinely works at least thirty (30) hours per week, who is a direct
family member of any City-elected official while that elected official
is still serving his or her elected term of office. Seasonal and part-time
employees are excluded from this restriction.
C. Appointed
Officials Not To Employ Relatives. No individual may be hired by City
as a full-time employee, defined as an individual who routinely works
at least thirty (30) hours per week, who is a direct family member
of any appointed City official while that appointed official is still
serving in his or her appointed office, except with approval of City
Council. Seasonal and part-time employees are excluded from this restriction.
D. Nepotism — Forfeiture Of Office. Any elected City Official or appointed City Official who appoints or employs on behalf of the City his or her relative while said elected official or appointed official holds office for the City shall be deemed guilty of nepotism and shall immediately forfeit such office as provided in Article
VII, Section 6 of the Missouri Constitution.
E. Dismissal
Of Employee. Upon receipt of information that a relative of an elected
official or appointed official has been employed by the City in violation
of this Section, the Mayor shall notify said elected official or appointed
official and the relative within five (5) days. If after an investigation
the Mayor finds and determines that said relative was appointed or
employed in violation of this Section, then he/she shall order such
person dismissed immediately.
F. Exceptions.
The provisions of this Section shall not apply to a relative of an
elected City Official or appointed City Official who was employed
by the City prior to the election or appointment of said City Official.