No person shall be an Alderman unless he/she be 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/her election, and a resident, at the time he/she files and during the time he/she serves, of the ward from which he/she is elected.
State Law Reference: As to when Aldermen may be elected at large, §79.060, RSMo.
No person shall be Mayor unless he/she be at least twenty-five (25) years of age, a citizen of the United States, and a resident of the City at the time of and for at least one (1) year next preceding his/her election.
The Board of Aldermen shall elect one (1) of its own number who shall be styled "Acting President of the Board of Aldermen" and who shall serve for a term of one (1) year.
When any vacancy shall happen in the office of Mayor by death, resignation, removal from the City, removal from office, refusal to qualify, or from any other cause whatever, the Acting President of the Board of Aldermen shall, for the time being, perform the duties of Mayor, with all the rights, privileges, powers and jurisdiction of the Mayor, until such vacancy be filled or such disability be removed; or, in case of temporary absence, until the Mayor's return.
The Mayor and Board of Aldermen of each City governed by this Chapter shall have the care, management and control of the City and its finances and shall have power to enact and ordain any and all ordinances not repugnant to the Constitution and laws of this State, and such as they shall deem expedient for the good government of the City, the preservation of peace and good order, the benefit of trade and commerce, and the health of the inhabitants thereof, and such other ordinances, rules and regulations as may be deemed necessary to carry such powers into effect and to alter, modify or repeal the same.
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 the State laws relating to such City, are complied with.
The style of the ordinances of the City shall be "Be it ordained by the Board of Aldermen of the City of Hallsville, as follows: . . . ." No ordinance shall be passed except by bill, and no bill shall become an ordinance unless on its final passage a majority of the members elected to the Board of Aldermen shall vote for it, and the "ayes" and "nays" be entered on the journal. Every proposed ordinance shall be introduced to the Board of Aldermen in writing and shall be read by title or in full two (2) times prior to passage; both readings may occur at a single meeting of the Board of Aldermen. If the proposed ordinance is read by title only, copies of the proposed ordinance shall be made available for public inspection prior to the time the bill is under consideration by the Board of Aldermen. No bill shall become an ordinance until it shall have been signed by the Mayor, or person exercising the duties of the Mayor's office, or shall have been passed over the Mayor's veto as herein provided.
The provisions of this Section shall not apply to ordinances proposed or passed under Section 79.135, RSMo.
Every bill duly passed by the Board of Aldermen and presented to the Mayor and by him/her approved shall become an ordinance, and every bill presented as aforesaid, but returned with the Mayor's objections thereto, shall stand reconsidered. The Board of Aldermen shall cause the objections of the Mayor to be entered at large upon the journal and proceed at its convenience to consider the question pending, which shall be in this form: "Shall the bill pass, the objections of the Mayor thereto notwithstanding?" The vote on this question shall be taken by "ayes" and "nays" and the names entered upon the journal, and if two-thirds (2/3) of all the members-elect shall vote in the affirmative, the City Clerk shall certify the fact on the roll, and the bill thus certified shall be deposited with the proper officer and shall become an ordinance in the same manner and with like effect as if it had received the approval of the Mayor. The Mayor shall have power to sign or veto any ordinance passed by the Board of Aldermen; provided that should he/she neglect or refuse to sign any ordinance and return the same with his/her objections, in writing, at the next regular meeting of the Board of Aldermen, the same shall become a law without his/her signature.
The Board of Aldermen shall cause to be kept a journal of its proceedings, and the "ayes" and "nays" shall be entered on any question at the request of any two (2) members. The Board of Aldermen may prescribe and enforce such rules as it may find necessary for the expeditious transaction of its business.
The Board of Aldermen shall semiannually each year, at times to be set by the Board of Aldermen, make out and spread upon their records a full and detailed account and statement of the receipts and expenditures and indebtedness of the City for the half year ending with the last day of the month immediately preceding the date of such report, which account and statement shall be published in some newspaper in the City.
In the event the financial statement of the City is not published as required by Section 110.100, the Treasurer of the City shall not pay out any money of the City on any warrant or order of the Board of Aldermen after the end of the month in which such financial statement should have been published until such time as such financial statement is published. Any Treasurer violating the provisions of this Section shall be deemed guilty of a ordinance violation.
The Board of Aldermen shall have power to compel the attendance of witnesses and the production of papers and records relating to any subject under consideration in which the interest of the City is involved and shall have power to call on the proper officers of the City, or of the County in which such City is located, to execute such process. The officer making such service shall be allowed to receive therefor such fees as are allowed by law in the Circuit Court for similar services, to be paid by the City. The Mayor or Acting President of the Board of Aldermen shall have power to administer oaths to witnesses.
The Mayor shall sign the commissions and appointments of all City Officers elected or appointed in the City and shall approve all official bonds unless otherwise prescribed by ordinance.
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 authorized 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.
The Mayor shall, from 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.
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 so construed as to authorize the Mayor to remit any costs which may have accrued to any officer of said City by reason of any prosecution under the laws or ordinances of such City.
[Ord. No. 148 §§2, 4, 7 1-5-1981]
The Mayor shall be the chief executive officer of the City, shall preside over the meetings of the Board or Board of Aldermen, and shall perform such duties as may be required of the Mayor by statute or ordinance. The Mayor shall have supervision over all of the executive officers and employees of the City, and shall have the power and authority to inspect all books and records pertaining to City affairs and kept by any officer or employee of the City at any reasonable time.
Whenever there is a dispute as to the respective duties or powers of any appointed officer of the City, this dispute shall be settled by the Mayor after consultation with the City Attorney. The Mayor shall have the power to delegate to any appointed officer any duty which is to be performed when no specific officer has been directed by statute or ordinance to perform that duty.
The Mayor shall act for and on behalf of the City on formal occasions and receptions; but in the Mayor's absence or inability to attend any such function, the Board or Board of Aldermen may select any other City officer to so act. Before entering upon the duties of the office, the Mayor shall execute a bond in such amount and with such sureties as may be required by the Board or Board of Aldermen, conditioned upon the faithful performance of the duties of the office of Mayor, and further conditioned as may be provided by statute and ordinance.
[Ord. No. 12-7, 6-11-2012]
The meetings of the Board of Aldermen of the City of Hallsville shall be held on the second Monday of each month at 7:00 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 meetings, whether regular or special, of the Board of Aldermen during any twelve-month period of time may be subject to reprimand from the Board for dereliction of duty.
[Ord. No. 12-7, 6-11-2012]
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 two (2) Aldermen of the City as hereinafter provided. The Mayor, Acting President of the Board or at least two (2) 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 and the Aldermen must vote at the beginning of said meeting that they believe it is an emergency and that they waive the twenty-four-hour notice requirement.
[Ord. No. 12-7, 6-11-2012]
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 members be deemed illegal and 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.
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.
No vote or action of the Board shall be rescinded at any special meeting unless there be present at such meetings as many members of the Board as were present when such vote or action was taken.
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 (Section 610.010 et seq., RSMo.), as amended.
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 (Section 610.010 et seq., RSMo.).
The general public shall be afforded an opportunity to address the Board during 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.
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.
The Chairman of the various boards, commissions and advisory committees established by the 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.
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.