[1]
Cross References — Animal control officer, §205.080 et seq.; duties of city officials toward the abatement of dangerous buildings, §505.060 et seq.; coordinator of local organization for disaster planning, §225.030; clerk of municipal court, §125.030; municipal judge, §125.050 et seq.; fire chief, §203.010 et seq.; annual report by librarian, §130.020; enforcement of parks chapter by city administrator, police and director of parks and recreation, §235.020; director of parks and recreation, §235.080 et seq.; chief of police, §200.070 et seq.; street construction under supervision of street superintendent, §510.010; city traffic engineer, §305.060.
The term "officer", whenever used in this Chapter,
shall include any person holding any situation under the City Government
or any of its departments, with an annual salary, or for a definite
term of office, other than clerical or professional staff.
All officers elected to offices or appointed to fill a vacancy
in any elective office under the City Government shall be voters under
the laws and constitution of this State and, except appointed officers,
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.
[Code 1974 §§110.030, 133.040, 145.020, 150.020;
CC 1984 §2-49; Ord. No. 1-9-A §1(145.020), 1-19-1981]
Every officer of the City and his/her assistants and every Councilman,
before entering upon the duties of his/her office, shall take and
subscribe to an oath or affirmation before some court of record in
the County, or the City Clerk, that he/she possesses all the qualifications
prescribed for his/her office by law; that he/she will support the
Constitutions of the United States and of the State, the provisions
of laws of the State affecting Cities of the Third Class, and this
Code and all other ordinances of the City, and faithfully demean himself/herself
while in office; which official oath or affirmation shall be filed
with the City Clerk.
Every officer of the corporation, when required by law or ordinance,
shall, within fifteen (15) days after his/her election or appointment,
and before entering upon the discharge of the duties of his/her office,
give bond to the City in such sum and with such securities as shall
be designated by ordinance, conditioned for the faithful performance
of his/her duty, and that he/she will pay over all moneys belonging
to the City, 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 for the use of such
person.
[Code 1974 §§110.050, 130.080; CC 1984 §2-51]
Upon the oath required in Section 115.030 being filed with the City Clerk, he/she shall deliver to the person elected or appointed the original of the oath he/she signed, which shall constitute a commission in the name of and signed by the Mayor, under the Seal of the City, authorizing and empowering the person therein named to take office for the time for which he/she is elected or appointed and until his/her successor shall have been elected or appointed and commissioned.
[Code 1974 §110.060; CC 1984 §2-55]
If any person elected or appointed to any office shall fail
to take and subscribe an oath or affirmation, his/her office shall
be deemed vacant. For any breach of the conditions 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 any such person.
[Code 1974 §110.090; CC 1984 §2-56]
If any officer of the City shall remove himself/herself therefrom with the intention of residing beyond the City limits or shall absent himself/herself therefrom for more than sixty (60) days without written permission of the City Council, his/her office shall be declared vacant, and it shall be filled as provided in Section 115.080. However, the City Council, for good cause, may remit any such forfeiture of office, except in case of change of residence.
[Code 1974 §110.120; CC 1984 §2-57]
Any officer of the City who shall refuse or willfully fail or neglect to perform any duty enjoined upon him/her by law, this Code or any ordinance of the City, or who shall, in the discharge of his/her official duties, be guilty of any fraud, extortion, oppression, favoritism, partiality, willful wrong or injustice shall be deemed guilty of an ordinance violation and, upon conviction thereof, shall be punished as provided in Section 100.110 and may be removed from office by the procedure set forth in Section 115.090.
[1]
Cross Reference — Ordinance violations concerning administration
of justice, §210.060 et seq.
If a vacancy occurs in any elective office other than the office
of Mayor, 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 Council. The Council may adopt procedures to fill vacancies
consistent with this Section. The successor shall serve until the
next available regular municipal April election. If a vacancy occurs
in any office not elective, the Mayor shall appoint a suitable person
to discharge the duties of the same until the first (1st) regular
meeting of the Council thereafter, at which time the vacancy shall
be permanently filled.
[Code 1974 §§110.190 — 110.290, 120.140,
133.070; CC 1984 §2-60]
A.
The
Mayor may, with the consent of a majority of all the members elected
to the City Council, remove from office, for cause shown, any elective
officer of the City, the officer being first given opportunity, together
with his/her witnesses, to be heard before the Council sitting as
a court of impeachment. Any elective officer may, in like manner,
for cause shown, be removed from office by a two-thirds (⅔)
vote of all the members elected to the City Council, independently
of the Mayor's approval or recommendation.
B.
The
Mayor may, with the consent of a majority of all the members elected
to the Council, remove from office any appointive officer of the City
at will; and any such appointive officer may be so removed by a two-thirds
(⅔) vote of all the members elected to the Council, independently
of the Mayor's approval or recommendation.
[Code 1974 §§110.100, 130.230, 150.240; CC 1984
§2-61]
Any outgoing officer shall, upon vacating his/her office, either
by reason of termination of his/her term of office, by resignation,
ouster or from any other cause, deliver over to his/her successor,
or to the Mayor, all books, papers, furniture and other things pertaining
to his/her office that are in his/her official possession or custody
which belong to the City.
