[Ord. No. 89-14 §1, 12-19-1989; Ord. No. 94-05 §1, 2-1-1994]
The following officers shall be elected by the qualified voters
of the City of Albany, at a general election to be held for that purpose,
to-wit: Mayor and Board of Aldermen, who shall hold offices for a
term of two (2) years and until their successors are elected and qualified;
provided however, that the term of office of the persons now holding
said offices shall not be affected by the presence of this Section.
[Ord. No. 94-05 §1, 2-1-1994; Ord. No. 95-11 §1, 5-2-1995]
The following officers shall be appointed by the Mayor of the
City of Albany, by and with the consent and approval of the majority
of the members of the Board of Aldermen, and shall hold their respective
offices for the term of one (1) year and until their successors are
appointed and qualified unless sooner removed from said office as
hereinafter provided, to-wit: City Treasurer, City Attorney, Chief
of Police, City Collector, Municipal Judge, and such other officers
as may be appointed.
[RSMo. §79.260]
Every officer of the City and his assistants, and every Alderman,
before entering upon the duties of his office, shall take and subscribe
to an oath or affirmation before some court of record in the County,
or the City Clerk that he will support the Constitution of the United
States and of the State of Missouri, the provisions of all laws of
this State affecting the City of Albany, and all ordinances of the
City of Albany, that he possesses all qualifications prescribed for
his office by law, and faithfully demean himself while in office;
which oath or affirmation shall be in writing and filed with the City
Clerk. Every officer of the City of Albany, when required by law or
ordinance, shall, within fifteen (15) days after his appointment or
election, and before entering upon the discharge of the duties of
his office, give bond to the City in such sum and with such sureties
as may be designated by ordinance, conditioned upon the faithful performance
of his duty, and that he will pay over all monies belonging to the
City, as provided by law, that may come into his 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
office shall be deemed vacant. For any breach of condition of any
such bond, suit may be instituted thereupon by the City, or by any
person in the name of the City to the use of such person.
[Ord. No. 878 §4, 6-20-1978]
The City Clerk, City Collector and such other officers of the
City as shall be required by ordinance to do so, shall each execute
to the State of Missouri for the use and benefit of the City of Albany,
a good and sufficient surety bond, to be approved by the Board of
Aldermen, the premium of said bond to be paid by the City. The bonds
are to be in the following sums:
City Administrator: $50,000.00.
City Clerk: $10,000.00.
City Collector: $10,000.00.
City Treasurer: $10,000.00.
[Ord. No. 650 Ch. 3 Art. I §5, 11-15-1960]
Upon the filing of said oath and approval of bond, when bond
is required, with the City Clerk, he 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 was elected or appointed.
The term of all appointive officers of the City of Albany, Missouri,
shall begin on July first (1st) of each year and they shall serve
until their successors are duly appointed and qualified.
[Ord. No. 85-3 §2, 4-16-1985]
On or before the first (1st) Tuesday in June of each year, when
a meeting of the Board of Aldermen shall be held, the Mayor shall
send to the Board of Aldermen for their approval his nominations for
the several City offices which are required to be filled by appointment.
All nominations approved by a majority of the Board of Aldermen shall
be considered confirmed and all those failing to get such majority
approval shall be considered rejected, and in case of rejection, new
nominations shall be made.
[Ord. No. 10-04 §§1 —
2, 12-21-2010]
A. The
Board of Aldermen shall have the power to fix the compensation of
all the officers and employees of the City of Albany, by ordinance,
but the salary of an officer shall not be changed during the time
for which he was elected or appointed.
B. The
salary of the Mayor shall be set from time to time for each and every
regular and authorized special meeting of the Board of Aldermen which
he attends and participates in as said officer. The salaries of the
Board of Aldermen shall be set from time to time for each and every
regular and authorized special meeting of the Board of Aldermen which
he attends and participates in as said officer.
C. In
the event the elected Mayor does not attend or participate in a regular
or special meeting as Mayor, then the Alderman acting as Mayor shall
be entitled to a sum as set from time to time for each regular and
authorized special meeting of the Board in which he acts as Mayor.
D. That in addition to the compensation of the Board of Aldermen as referenced in Subsection
(A) of this Section, Board members (for purposes of this Section, "Board of Aldermen" shall include the Mayor) shall, in addition to any monetary compensation as referenced above, also receive either free family membership at the Albany Community Center (also to include a family pass for the Albany Aquatic Center) or the Albany Golf Club, or both, but if an Alderman elects to be members of both, they shall pay an annual one hundred dollar ($100.00) fee towards their golf membership. However, no member of the Board of Aldermen shall receive this additional compensation during the term of office for which he or she is already serving, but rather the same shall be effective after the next election for each respective Alderman position, including the Mayor.
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 of Albany, such officer being first
given opportunity, together with his 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 the office by a two-thirds (⅔) vote of all
the members elected to the Board of Aldermen, independently of the
Mayor's approval or recommendation. The Mayor may, with the consent
of the 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.
[Ord. No. 650 Ch. 3 Art. I §10, 11-15-1960]
Charges may be made by any officer of the City of Albany, in
writing, against the elective officer or officers sought to be removed
from office, which shall be filed with the Board of Aldermen of said
City, at some regular or special meeting called for that purpose,
and thereupon the Board of Aldermen shall cause a copy of such charge
or charges, together with a notice directed and delivered to the officer
named therein by either the Chief of Police or some person over the
age of twenty-one (21) years capable of making a return, who may be
appointed by the Board, requiring such officer to appear before the
Board of Aldermen at the City Hall of Albany on a certain day set
not less than five (5) days from the date said charge or charges are
filed with said Board, to present to the Board such evidence that
said officer by his witnesses may have to offer in his behalf, provided
however, that such proceedings herein shall be governed by the same
rules of evidence as are applicable to courts of record of the State
of Missouri. If the required number of the members of the Board of
Aldermen, sitting as a Board of Impeachment, after hearing the evidence
offered by both parties to the impeachment proceedings, find that
there is cause shown warranting the removal of such officer being
tried, they shall so state in their findings and shall thereupon enter
an order of record removing such officer from his office and declare
such office vacant.
[Ord. No. 794 §§1 —
5, 5-21-1974]
A. Any
person otherwise qualified under the ordinances of the City of Albany
to hold an elective or appointive office or to serve as an assistant
to such officer shall be subject to the provisions of this Section.
B. Any
person, firm, association or corporation otherwise qualified to receive
any license which the City of Albany is empowered to issue shall be
subject to the provisions of this Section. The term "license" shall include but not be restricted to: merchant's licenses, liquor
licenses and City auto licenses.
C. Any person under Subsection
(A) shall be denied office and any person, firm, association or corporation under Subsection
(B) shall be denied a license of any kind if said party is in arrears in payment to the City of Albany of personal property taxes, real estate taxes, utility charges, any ordinance violation, including traffic and parking violations, and all other taxes, debts, fines or special assessments consistent with the laws of the City of Albany.
D. The
amount of such taxes, charges, fines and assessments due shall be
that amount as shown on the books of the City Clerk and/or City Tax
Collector. The burden shall be on the person, firm, association or
corporation to show that the obligation has been satisfied.
E. Any
person who is serving as an officer or as an assistant or is the holder
of any license issued by the City at the time the obligation is shown
to be due shall have thirty (30) days in which to pay such obligation
unless it be at the time contested in a court of law. If not paid
in that time and there is no action contesting the obligation in a
court of law, then the Board of Aldermen shall have cause to remove
the officer or assistant from his position or to revoke the holder's
license.
[Ord. No. 99-15 §1, 7-6-1999]
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 filled by appointment by the Mayor with the advice and consent
of a majority of the members of the Board of Aldermen.