The following officers shall be elected by the qualified voters
of the City and shall hold office for the term of two (2) years, except
as otherwise provided in this Section, and until their successors
are elected and qualified, to wit: Mayor and Board of Aldermen.
[CC 1979 §21.110]
A.
The
Mayor, with the consent and approval of the majority of the members
of the Board of Aldermen, shall have power to appoint a Collector,
City Treasurer/Finance Officer, City Attorney, Municipal Judge, Special
Police Officers, City Superintendent, Street Supervisor, Public Works
Supervisor, Fire Chief and such other officers as he/she may be authorized
by ordinance to appoint, and if deemed for the best interests of the
City, the Mayor and Board of Aldermen may, by ordinance, employ special
counsel to represent the City, either in a case of a vacancy in the
office of City Attorney or to assist the City Attorney, and pay reasonable
compensation therefor.
B.
All
appointive officers shall be appointed to serve at the pleasure of
the Mayor and the Board of Aldermen.
[Ord. No. 337, 3-14-2005]
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.
The Board of Aldermen may pass ordinances regulating the manner of
impeachments and removals.
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 the ordinances of the
City except that appointed officers need not be voters 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. All officers, except appointed officers, shall
be residents of the City.
Every officer of the City and his/her assistants, and every
Alderman, 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 Constitution of the United States and of the State
of Missouri, the provisions of all laws of this State affecting Cities
of this class, and the 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 City, when
required by law or ordinance, shall, within fifteen (15) days after
his/her appointment or election, and before entering upon the discharge
of the duties of his/her 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/her duty, and that he/she will
pay over all monies 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, to the use of such person.
The Board of Aldermen shall fix the compensation of all the
officers and employees of the City by ordinance. The salary of an
officer shall not be changed during the time for which he/she was
elected or appointed.
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 permanently filled.
The duties, powers and privileges of officers of every character
in any way connected with the City Government, not herein defined,
shall be prescribed by ordinance. Bonds may be required of any such
officers for faithfulness in office in all respects.
[Ord. No. 325 §§1 —
5, 8-30-2004; Ord. No.
358 §3, 1-9-2006; Ord. No. 414 §§1 — 5, 7-12-2010; Ord. No. 449 §§1 —
5, 8-13-2012; Ord. No.
469 §§1 — 5, 7-14-2014; Ord. No. 503, 8-8-2016; Ord.
No. 544, 8-13-2018]
A.
Declaration Of Policy. The proper operation of government requires
that public officials and employees be independent, impartial and
responsible to the people; that government decisions and policy be
made in the proper channels of the governmental structure; that public
office not be used for personal gain; and that the public have confidence
in the integrity of its government. In recognition of these goals,
there is hereby established a procedure for disclosure by certain
officials and employees of private financial or other interests in
matters affecting the City.
B.
Conflicts Of Interest.
1.
All elected and appointed officials as well as employees of
a political subdivision must comply with Section 105.454, RSMo., on
conflicts of interest as well as any other State law governing official
conduct.
2.
Any member of the Governing Body of a political subdivision
who has a substantial or private interest in any measure, bill, order
or ordinance proposed or pending before such Governing Body must disclose
that interest to the Secretary or Clerk of such body, and such disclosure
shall be recorded in the appropriate journal of the Governing Body.
"Substantial or private interest" is defined as ownership by the individual,
his/her spouse, or his/her dependent children, whether singularly
or collectively, directly or indirectly of:
a.
Ten percent (10%) or more of any business entity; or
b.
An interest having a value of ten thousand dollars ($10,000.00)
or more; or
c.
The receipt of a salary, gratuity, or other compensation or
remuneration of five thousand dollars ($5,000.00) or more, per year,
from any individual, partnership, organization, or association within
any calendar year.
C.
Disclosure Reports. Each elected official, candidate for elective
office, the Chief Administrative Officer, the Chief Purchasing Officer,
and the full-time general counsel shall disclose the following information
by May 1, or the appropriate deadline as referenced in Section 105.487,
RSMo., if any such transactions occurred during the previous calendar
year:
1.
For such person, and all persons within the first degree of
consanguinity or affinity of such person, the date and the identities
of the parties to each transaction with a total value in excess of
five hundred dollars ($500.00), if any, that such person had with
the political subdivision, other than compensation received as an
employee or payment of any tax, fee or penalty due to the political
subdivision, and other than transfer for no consideration to the political
subdivision.
2.
The date and the identities of the parties to each transaction
known to the person with a total value in excess of five hundred dollars,
($500.00) if any, that any business entity in which such person had
substantial interest had with the political subdivision, other than
payment of any tax, fee or penalty due to the service to the political
subdivision, and other than transfers for no consideration to the
political subdivision.
3.
The Chief Administrative Officer, Chief Purchasing Officer,
and candidates for either of these positions also shall disclose by
May 1, or the appropriate deadline as referenced in Section 105.487,
RSMo., the following information for the previous calendar year:
a.
The name and address of each of the employers of such person
from whom income of one thousand dollars ($1,000.00) or more was received
during the year covered by the statement;
b.
The name and address of each sole proprietorship that he/she
owned; the name, address and the general nature of the business conducted
of each general partnership and joint venture in which he/she was
partner or participant; the name and address of each partner or coparticipant
for each partnership or joint venture unless such names and addresses
are filed by the partnership or joint venture with the Secretary of
State; the name, address and general nature of the business conducted
of any closely held corporation or limited partnership in which the
person owned ten percent (10%) or more of any class of the outstanding
stock or limited partnership units; and the name of any publicly traded
corporation or limited partnership that is listed on a regulated stock
exchange or automated quotation system in which the person owned two
percent (2%) or more of any class of outstanding stock, limited partnership
units or other equity interests;
c.
The name and address of each corporation for which such person
served in the capacity of a director, officer or receiver.
D.
Filing Of Reports.
1.
The financial interest statements shall be filed at the following
times, but no person is required to file more than one (1) financial
interest statement in any calendar year:
a.
Every person required to file a financial interest statement
shall file the statement annually not later than May 1, and the statement
shall cover the calendar year ending the immediately preceding December
31; provided, that any member of the Board may supplement the financial
interest statement to report additional interests acquired after December
31 of the covered year until the date of filing of the financial interest
statement;
b.
Each person appointed to office shall file the statement within
thirty (30) days of such appointment or employment covering the calendar
year ending the previous December 31;
c.
Every candidate required to file a personal financial disclosure
statement shall file no later than fourteen (14) days after the close
of filing at which the candidate seeks nomination or election or nomination
by caucus. The time period of this statement shall cover the twelve
(12) months prior to the closing date of filing for candidacy.
E.
Filing Of Ordinance. A certified copy of this Section adopted prior
to September 15th shall be sent within ten (10) days of its adoption
to the Missouri Ethics Commission.
[1]
Editor's Note: The City re-adopts this policy as required
by statute, the last history included herein is from 2018, all future
re-adoptions are listed in the cross reference to this Code.
