[Ord. No. 1524 §III, 5-15-2006]
No person shall be Mayor unless he or she be at least twenty-five (25) years of age, a citizen of the United States and a resident of the City of Bowling Green at the time of and for at least one (1) year next preceding his or her election.
[CC 1996 §115.080; CC 1977 §21.040; Ord. No. 685 §1, 11-7-1983; Ord. No. 715 §1, 2-10-1986; Ord. No. 1290 §I, 5-20-2002; Ord. No. 1305 §I, 7-15-2002]
The Mayor shall have a seat in and preside over the Board of Aldermen, but shall not vote on any question except in case of a tie, nor shall he/she preside or vote in cases when he/she is an interested party. He/she shall exercise a general supervision over all the Officers and affairs of the City and shall take care that the ordinances of the City and State laws relating to such are complied with. He/she shall sign the appointments and commissions of all City officers elected or appointed in the City and shall approve all official bonds unless otherwise prescribed by ordinances. The Mayor shall prepare, make and release all announcements in behalf of the City to the public in any form. No other officer or employee of the City shall make any such public announcements. Public records which are available to the public under Missouri Statutes are not "press releases" or "announcements" which are required to go through the Mayor. Nothing in this Section shall be construed to limit or restrict the availability to the public of otherwise public information. The Mayor shall devote such time to the duties of his/her office as may, from time to time, be necessary to properly and efficiently carry out those duties. The Mayor shall have the power with the advice and consent of the Board of Aldermen to appoint the City Attorney, City Treasurer and the Chief of Police and it shall be his/her duty to see that all officers of the City before entering upon their official duties are duly commissioned and qualified.
[CC 1996 §115.090; CC 1977 §21.050]
The Mayor shall have the power and authority, whenever he/she deems it necessary, to require any officer of the City to exhibit his/her accounts and any and all books, papers and records appertaining to his/her office and to require any such officer to report in writing to the Board of Aldermen touching any subject or matter relating to his/her office.
[CC 1996 §115.100; CC 1977 §21.060]
The Mayor shall, from to time to time, communicate to the Board of Aldermen such measures as may, in his/her opinion, tend to the improvement of the finances, the Police, health, security, ornament, comfort and general prosperity of the City.
[CC 1996 §115.110; CC 1977 §21.070]
The Mayor shall be active and vigilant in enforcing all laws and ordinances for the government of the City and he/she shall cause all subordinate officers to be dealt with promptly for any neglect or violation of duty; and he/she is hereby empowered to call on every male inhabitant of the City over eighteen (18) years of age and under fifty (50) to aid in enforcing the laws.
[CC 1996 §115.120; CC 1977 §21.080]
The Mayor shall have power to remit fines and forfeitures and to grant reprieves and pardons for offenses arising under the ordinances of the City; but this Section shall not be construed as to authorize the Mayor to remit any costs which have accrued to any officer of the City by reason of any prosecution under the laws or ordinances of the City.
[CC 1996 §115.130; Ord. No. 685 §2, 11-7-1983; Ord. No. 1031 §I, 12-8-1997; Ord. No. 1418 §I, 4-13-2004; Ord. No. 1798, 3-21-2016]
The Mayor shall receive as compensation the sum of six hundred dollars ($600.00) per month.
[CC 1996 §115.050; CC 1977 §21.100; Ord. No. 828 §I, 5-6-1991; Ord. No. 871 §II, 3-8-1993; Ord. No. 872 §I, 3-8-1993; Ord. No. 1087 §I, 4-5-1999]
The Mayor, by and with the consent and approval of the majority of the members of the Board of Aldermen, shall have power to appoint a City Treasurer, City Attorney, Chief of Police and a City Administrator.
[CC 1996 §115.075; Ord. No. 1273 §I, 3-18-2002]
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 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.
[Ord. No. 1731 §1, 7-15-2013]
The Mayor shall have the power and authority, whenever he or she deems it necessary, after consultation with the City Emergency Management Director, to close City Hall during severe winter weather. If the Mayor decides to close City Hall, the following shall apply:
All employees who work in City Hall will have that day as a regular paid workday; and
All City Police Officers and dispatchers who are scheduled to work that day, and who do in fact work that day, will be compensated with a paid day off, to be used within thirty (30) days of the date City Hall is closed pursuant to this Section.
If a City employee is not scheduled to work that day, or has previously taken that day as a vacation or sick day, no compensation shall be provided.
If the Mayor, after consultation with the City Emergency Management Director, determines not to close City Hall, an employee who feels they cannot safely make it to work that day shall be allowed to use a vacation or personal day for that date, except for police personnel who are required to work. The City, at its discretion, may provide lodging for police personnel who are required to work.
[Ord. No. 1744 §§I –– II, 12-17-2013]
No person shall be an Alderman unless he or she is at least eighteen (18) years of age, a citizen of the United States, and an inhabitant and resident of the City for one (1) year next preceding his or her election, and a resident, at the time he or she files and during the time he or she serves, of the ward from which he or she is elected.
[CC 1996 §110.030; CC 1977 §24.040]
At the first (1st) regular meeting of the Board of Aldermen following the general election of officers, the Board of Aldermen shall elect one (1) of their number as the "Acting President of the Board of Aldermen" who shall preside at all meetings of the Board of Aldermen in the absence of the Mayor and in case of a vacancy in the office of Mayor, for any cause whatever, the Acting President of the Board of Aldermen shall preside at all meetings of the Board of Aldermen and perform the duties of the Mayor until such vacancy is filled or in case of the temporary absence of the Mayor until he/she returns; and the journal of proceedings kept of all such meetings presided over by him/her shall be signed by him/her as such Acting President of the Board of Aldermen and attested by the City Clerk and Collector.
[CC 1996 §110.040; CC 1977 §24.050; Ord. No. 1077 §I, 2-9-1999; Ord. No. 1162 §I, 8-7-2000; Ord. No. 1187 §I, 12-18-2000; Ord. No. 1620 §I, 1-26-2009]
The meeting of the Board of Aldermen of the City of Bowling Green shall be held on the third (3rd) Monday of each month at 5:30 P.M. at the City Hall. The Board of Aldermen at any such regular meeting may adjourn said meeting to a later date; provided however, no regular meeting shall be adjourned for a length of time greater than thirty (30) days from the date for the regular meeting. Attendance at all meetings of the Board of Aldermen is an essential and necessary part of service as an Alderman. Therefore, any Alderman who fails to attend three (3) consecutive regularly scheduled monthly meetings of the Board of Aldermen or fails to attend six (6) or more meetings, whether regular or special, of the Board of Aldermen during any twelve (12) month period of time shall be subject to impeachment for dereliction of duty.
[CC 1996 §110.050; CC 1977 §24.060; Ord. No. 872A §I, 4-5-1993]
A special meeting of the Board of Aldermen may be called by the Mayor or, in the event of the absence or disability of the Mayor, by the Acting President of the Board of Aldermen or by three (3) Aldermen of the City as hereinafter provided. The Mayor, Acting President of the Board or at least three (3) Aldermen, desiring to call a special meeting, shall file with the City Clerk a written notice thereof indicating the date, time and purpose of such special meeting, which said writing shall be signed by the person or persons calling said meeting. This notice must be given to the City Clerk during regular business hours and not less than twenty-four (24) hours prior to the date and time of such meeting. The City Clerk shall immediately upon receipt of such notice post same for public inspection on the public bulletin board in the City Hall and shall have a true copy thereof delivered to each Alderman and shall make copies of such notice available to any representative of the news media who requests notice of meetings. In the event of an emergency, a special meeting of the Board of Aldermen may be called by said persons with less than twenty-four (24) hours' notice, but the emergency reason must be noted in the written call for meeting and the minutes thereof and a majority of the Board of Aldermen must vote at the beginning of said meeting that they believe it is an emergency and that they waive the twenty-four (24) hour notice requirement.
[CC 1996 §110.070; CC 1977 §24.080; Ord. No. 1032 §I, 12-8-1997; Ord. No. 1297 §I, 6-17-2002; Ord. No. 1352A §I, 11-17-2003; Ord. No. 1835 § 1, 3-20-2017]
Each Alderman shall receive the sum of one hundred fifty dollars ($150.00) for his/her attendance at the regular monthly meeting of the Board of Aldermen and the sum of one hundred fifty dollars ($150.00) for his/her attendance at each general committee meeting during the month up to a maximum total aggregate compensation from all sources of three hundred dollars ($300.00) per month per Alderman. However, each Alderman shall be allowed to miss a maximum of three (3) meetings of either the Board of Aldermen or the general committee with pay each fiscal year of the City.
[CC 1996 §110.090; Ord. No. 1054 §I, 10-5-1998; Ord. No. 1192 §§I — II, 12-18-2000]
Conflicts Of Interest. No member of the Board of Aldermen 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. Any ordinance, resolution or motion having passed by the vote of such interested member shall be deemed illegal and of no effect.
Resignations. Resignations of Aldermen shall be in writing and shall be filed with the Mayor.
Sergeant At Arms. The Chief of Police shall be ex officio sergeant at arms of the Board of Aldermen and shall attend its meetings and execute all its orders. He/she shall keep the Board Chamber in order. Sergeant at arms shall be allowed to carry weapons.
General Rules Or Procedure. The following of procedure shall govern the conduct of all meetings of the Board of Aldermen, although these rules, other than those prescribed by Statute, may be suspended at any time by the consent of a majority of the Board present at any meeting.
Rule 1. The Mayor shall decide all questions of order, subject to appeal to a majority of the Board.
Rule 2. A member of the Board discussing a question shall address his/her fellow members and no member has the floor until recognized by the Mayor. He/she shall respectfully address himself/herself to the Chair, but shall not proceed with his/her remarks until recognized and named by the Chair. When two (2) or more members ask to be recognized at the same time, the Mayor shall name the person who is to speak first (1st), the other having preference next to speak.
Rule 3. All roll call votes of "yeas" and "nays" shall be taken and recorded on the journal of proceedings for all ordinances or propositions which create any liability against or obligation on the part of the City or for the expenditure or appropriation of its money and in all other instances where request therefor is made by any member of the Board.
Rule 4. All motions and amendments shall be reduced in writing at the request of any Alderman and shall be handed to the City Clerk who shall read the same to the Board.
Rule 5. No vote or action of the Board shall be rescinded at any special meeting unless there be present at such meeting as many members of the Board as were present when such vote or action was taken.
Rule 6. All meetings of the Board shall be open to the public, except as to portions of such meetings from which the Board may, by majority vote of the members present and voting, exclude the public as permitted under the Sunshine Act (Sections 610.010 et seq., RSMo.) as amended.
Rule 7. Any person in attendance at an executive session is honor-bound not to violate the confidentiality of the discussion taking place during the session, except as to any portions thereof which may clearly transgress the Sunshine Act (Sections 610.010 et seq., RSMo.).
Rule 8. The Mayor shall set the agenda for each regular meeting and each special meeting, except that no ordinance or resolution shall be placed upon the agenda unless two (2) members of the Board of Aldermen shall have communicated their sponsorship of said ordinance or resolution to the Mayor or in his/her absence the City Clerk; provided however, that upon said communication, the Mayor or in his/her absence the City Clerk shall cause to be placed upon the agenda the ordinance or resolution sponsored. The Mayor may place an ordinance or resolution on the agenda without said sponsorship.
Rule 9. The general public shall be afforded an opportunity to address the Board during the portion of the order of business set aside for public forum. Any person desiring to address the Board shall be required to identify himself/herself, state his/her home address or place of business and to address his/her remarks to the Mayor. Aldermen desiring further information or comment from the speaker from any other person in the audience may request the same. Protracted, repetitive, irrelevant or abusive remarks from the public may be closed off at any time by direction of the Mayor or Board of Aldermen.
Rule 10. In all discussions disrespectful language or personalities shall be avoided.
Rule 11. When the Mayor is putting any questions or addressing the Board, no person shall walk across or out of the room in which the Board is sitting; nor in such case or when a member is speaking or the Clerk is reading the minutes or any other paper, shall any member engage in private discourse or otherwise interrupt the speaker.
Rule 12. Every member who shall be present when a question is stated by the Chair shall vote thereupon, unless excused by the Board or unless he/she has a conflict of interest, in which case he/she shall not vote.
Rule 13. When a written motion or resolution is made or seconded, it shall be read aloud before it is debated and no motion or resolution shall be stated or debated until the same is seconded.
Rule 14. After a motion or resolution is stated by the Mayor or read, it shall be deemed to be in possession of the Board, but may be withdrawn at any time before a decision or amendment; but afterwards, only by consent of the Board.
Rule 15. Every resolution shall be reduced to writing and also every motion at the request of the Mayor or of any Alderman.
Rule 16. No new motion or proposition shall be admitted under color of an amendment or as a substitute for the pending motion or proposition, which does not relate to the subject matter of the original motion or proposition.
Rule 17. The Chairman of the various boards, commissions and advisory committees established by Statutes or ordinance may, upon the approval of a majority of the Board of Aldermen, render an oral report. Reports may be received in written form and made part of the record.
Quorum — Lesser Number Compelling Attendance. A majority of the members elected to the Board of Aldermen shall constitute a quorum to do business, but any two (2) members, including the Mayor, may have a roll call of the Board, send for and compel the attendance of absent members and make an order for the censure or fine.
Motion To Adjourn. A motion to adjourn shall always be in order except:
Proper Motions During Debate. When a question is under debate, no motion or proposition shall be entertained except a motion for the previous question, to postpone indefinitely, to amend, to refer to a standing or special committee or to an officer of the City, to lay on the table or to adjourn.
Reconsideration Of Motions. When a motion has once been made and carried in the affirmative or negative, it shall be in order for any member who voted on that side which prevailed to move for a reconsideration thereof at the same meeting or at the next succeeding meeting, but not thereafter; no question shall be reconsidered after the papers or question shall have passed from possession of the Board of Aldermen.
Effect Of Certain Motions. A motion for the previous question, to lay the question on the table or to commit, until decided, shall preclude all amendments and debate on the main question. A motion to amend or to postpone the question indefinitely or to adjourn it to a certain day shall, until decided, preclude all further amendment to the main question.
Order Of Questions. All questions, whether in the Board of Aldermen or committee of the whole, shall be put in the order in which they are made except privileged questions.
Division Of Question. If a question in debate contains several distinct propositions, any member may have the same divided.
Debate On Priority Of Business. All questions relating to priority of business to be acted on shall be decided without debate.
Whenever any information permitted to be held in executive session is received from the Mayor, the room shall be cleared of all persons except the members, the Clerk, the City Attorney, the City Administrator and the sergeant at arms and shall be so continued during the reading of such information and unless otherwise decided by the Board of Aldermen, during all debates and proceedings to be held thereon.
When the Mayor or any member shall inform the Board of Aldermen that he/she has a communication to make, which he/she conceives ought to be made in executive session, the Board shall, in like manner, cause the room to be cleared until the communication is made; the Board shall then determine whether the matter communicated requires executive session and take action accordingly.
Actions When Member Called To Order. A member called to order shall immediately cease speaking unless permitted to explain. If there be no appeal, the decision of the Chair shall be conclusive, but if the member appeals to the Board from the decision of the Chair, the Board shall decide the question without debate.
Smoking. It shall be unlawful for any person to smoke in the Chamber during a Board meeting.
Visitor's Conduct. No person visiting a Board of Aldermen meeting shall engage in any private discourse or speak to the Board or any member thereof without leave of the Mayor.
[CC 1996 §115.260; Ord. No. 614 §9, 12-10-1979; Ord. No. 1289 §I, 5-20-2002]
No member of the Board of Aldermen shall directly interfere with the conduct of any department or duties of any officer or employee of the City, except at the express direction of the Board of Aldermen or with the approval of the Mayor.
[Ord. No. 1272 §I(115.300), 3-18-2002]
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 (⅔) 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 (⅔) vote of all the members elected to the Board of Aldermen, independently of the Mayor's approval or recommendation.