[R.O. 2012 §110.010; CC 1987 §121.040; Ord. No. 548 Art. I, 12-6-1990; Ord. No. 575 Art. I, 12-3-1992]
No person shall be a Trustee who has not attained the age of twenty-one (21) years; who is not a citizen of the United States; who is not an inhabitant of the Village at the time of his/her election, and has not resided therein for one (1) whole year next preceding the time of his/her election, and who is indebted to the Village for any sum certain at the time of filing for office.
[R.O. 2012 §110.020]
Every Trustee, before entering upon the duties of his/her office, shall take the oath prescribed by the Constitution of this State, and that he/she will faithfully demean himself/herself in office. Every Board of Trustees shall assemble within twenty (20) days after their appointment or election, and choose a Chairman of their number, and some other person as Clerk. The Chairman may vote on any proposition before the Board. The Board of Trustees, by law or ordinance, shall fix the time and place of holding their stated meetings and may be convened by the Chairman at any time.
[R.O. 2012 §110.030; Ord. No. 552 Arts. III — IV, 3-7-1991; Ord. No. 632 Art. I, 2-19-1998; Ord. No. 911 Art. 1, 1-20-2005]
Meetings of the Board of Trustees of the Village of Hanley Hills shall be held at the Village Hall located at 7713 Utica Drive, Hanley Hills, Missouri. Regular meetings of the Board of Trustees shall be held on the third (3rd) Thursday of each month at 7:00 P.M., except in April, when the Board shall meet on the fourth (4th) Thursday of the month. Provided however, that a regular meeting may be rescheduled by the Chairman in a given instance if holidays, weather or a conflict with other events of concern to the Village necessitate.
Special meetings of the Board of Trustees of the Village of Hanley Hills may be called by any three (3) members of the Board by requesting such special meeting with the Village Clerk, who shall thereupon prepare a notice of such special meeting. Special meetings may also be called by the Chairman of the Board in the same manner. The notice of such special meeting shall state the date and hour of the meeting and the purpose for which the meeting is called, and no business shall be transacted thereat, except such as is stated in the notice. Said notice of the time and object of the special meeting shall be given to each member of the Board by the Village Clerk causing such notice to be delivered at the usual place of abode of said members twenty four (24) hours before the stated special meeting. Such notice shall also be posted within the Village Hall in a manner visible to the general public and shall be made available to any representative of the news media who requests notice of meetings of the Board of Trustees twenty four (24) hours before said special meeting. By unanimous consent, a special meeting may be held at any time provided, however, that when twenty-four (24) hour notice cannot be given or when the time or place is not convenient or accessible to the public, the nature of the good cause justifying that departure from the normal requirements shall be stated in the minutes.
Emergency Special Meeting. The Chairman or any two (2) members of the Board of Trustees may call an emergency special meeting of the Board of Trustees at any reasonable time; provided that (1) written notice is given to six (6) members of the Board of Trustees stating the purpose, date and time of such emergency special meeting at least two (2) hours before such meeting; or (2) verbal notices are given at a regular meeting of the Board of Trustees stating the purpose, date and time of the emergency special meeting.
Any member of the Board of Trustees may waive in writing any notice required herein; provided, said member attends said meeting. All public notices shall be in accordance with State law.
[R.O. 2012 §110.040]
At all meetings of the Board, a majority of the Trustees shall constitute a quorum to do business; a smaller number may adjourn from day to day and may compel the attendance of absent members in such manner and under such penalties as the Board of Trustees previously, by ordinance, may have prescribed.
[R.O. 2012 §110.050; CC 1987 §24.020]
Members of the Board of Trustees shall be required to attend all stated and special meetings of the Board, unless leave of absence is granted by the Board, or unless excused by the Chairman for illness or other special reason. Upon the absence for more than a total of three (3) meetings during any three (3) month period, the Board may, by a vote of the majority, withhold any Trustee's compensation for absences.
[R.O. 2012 §110.060]
At the hour appointed, the Chairman, or in his/her absence any Trustee, shall call the Board to order, the Clerk shall call the roll of members and announce whether or not a quorum is present.
[R.O. 2012 §110.070]
The Board of Trustees, upon the announcement of a quorum, shall proceed to transact the business before them in the following order:
Reading of the minutes of the last meeting or meetings unless temporarily waived, and approval of the same as read unless changed or objected to by a member, in which event they shall be approved as corrected.
The presentation of complaints and petitions by inhabitants of the Village.
The reports of officers and committees.
The audit of all bills and claims against the Village and ordering of payment of bills approved and allowed.
The presentation of comments and suggestions by inhabitants of the Village.
[R.O. 2012 §110.080]
All committees shall be appointed by the Chairman unless, on motion, the Board shall elect to appoint any such committee.
[R.O. 2012 §110.090]
Robert's Rules of Order shall govern the proceedings of the Board, except when otherwise provided by ordinance and any question arising thereunder shall be decided by the Chairman subject to appeal to the Board of Trustees by any member.
[R.O. 2012 §110.095; Ord. No. 654, 9-16-1999]
The following rules of procedure shall govern the conduct of all meetings of the Village Board of Trustees, although these rules, other than those prescribed by Statute, may be suspended at any time by the consent of a majority of the Trustees present at any meeting.
Rule 1. The Chairman shall decide all questions of order and preside over the Board meeting. An agenda should be passed out prior to the meeting. Trustees shall limit discussion to agenda items only. However, a Trustee can ask to amend the agenda and can do so with a simple majority vote.
Rule 2. A member of the Board of Trustees discussing a question shall address the Chairman and no member of the Board has the floor until recognized by the Chairman.
Rule 3. A roll call vote 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 Village or for the expenditure or appropriation of its money, and in all other instances where request therefore is made by any member of the Board.
Rule 4. All motions and amendments shall be reduced to writing at the request of the Chairman or any Trustee and shall be handed to the Village Clerk, who shall read the same to the Board of Trustees.
Rule 5. No vote or action of the Board of Trustees 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 Trustees present and voting, exclude the public as permitted under the Sunshine Act as amended. (See Ch. 120 hereof)
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.
Rule 8. The general public shall be afforded an opportunity to address the Board during the portion of the order of business set aside for communications and petitions. Any person desiring to address the Board shall be required to identify himself/herself, stating his/her home address or place of business, and to address his/her remarks to the Chairman. The general public shall also fill out a comment card that is to be submitted to the Chairman prior to the meeting. Trustees desiring further information or comment from the speaker or from any other person in the audience should request the same through Chairman. Protracted, repetitive, irrelevant or abuse remarks from the public may be closed off at any time by direction of the Chairman.
Rule 9. Audio or video taping or recording of any meeting of the Board of Trustee shall be permitted. However, anyone wanting to do so shall request permission in writing forty-eight (48) hours in advance, so that a specific location can be granted. Nonetheless, a majority vote of the members present and voting at any particular meeting may prohibit, on that occasion only, the recording, either by way of audio or video recording or both, of the Board meeting.
[R.O. 2012 §110.100]
The Board of Trustees shall keep a journal of their proceedings and, at the desire of any member, shall cause the "yeas" and "nays" to be taken and entered on the journal on any question, resolution or ordinance. Their proceedings shall be public.
[R.O. 2012 §110.110]
The style of ordinances of the Village of Hanley Hills shall be: "Be it ordained by the Board of Trustees of the Village of Hanley Hills, as follows:". No ordinance shall be passed except by bill, and no bill shall become an ordinance unless on its passage a majority of all the members of the Board of Trustees vote therefor, and the "yeas" and "nays" be entered upon the journal; every proposed ordinance shall be introduced to the Board of Trustees 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 Trustees. If the proposed ordinance is read by title only, copies of the proposed ordinances shall be made available for public inspection prior to the time the bill is under consideration by the Board of Trustees. All ordinances shall be in full force and effect from and after their passage after being duly signed by the Chairman of the Board of Trustees and attested by the Village Clerk.
[R.O. 2012 §110.115; CC 1987 §21.100]
The Chairman of the Board of Trustees shall be the Chief Executive Officer of the Village and a conservator of the peace, and he/she shall be responsible to the Board for the effective administration and enforcement of this Code and other ordinances and resolutions of the Board and the general welfare of the Village. Except as may be provided otherwise in any case by State law, this Code or other ordinance, he/she shall exercise general supervision over all departments, offices and agencies of the Village government.
The Chairman of the Board of Trustees of the Village is hereby authorized to execute for and on behalf of the Village for the calendar year 1976 and thereafter such affidavits as may from time to time be required by law with regard to the use and application by the Village of funds received from the County Road and Bridge Tax Refund. Such use and application of said refund shall be in accordance with the laws of the State of Missouri.
The Chairman is further authorized to execute for and on behalf of the Village such affidavits as may from time to time be required by State or Federal law, provided that, prior to the execution, the Board of Trustees is informed at a special or regular meeting of the content and purpose of the affidavit.
[R.O. 2012 §110.120]
In case of absence of the Chairman at any meeting of the Board, the Board may appoint a Chairman Pro Tempore, and in case he/she shall die, resign, be removed from office or remove from the Village, the Board of Trustees shall appoint one (1) of their number Chairman, who shall hold the office for the unexpired term.
[R.O. 2012 §110.130]
The Chairman of the Board of Trustees shall, on the first (1st) day of March and September in each year, make out a correct statement of all monies received and expended on account of the Village of Hanley Hills during the six (6) months next preceding; and shall cause such statement, within ten (10) days thereafter, to be published, either in some newspaper printed in the Village, or by causing copies of such statement to be put up in six (6) of the most public places in the Village.
[R.O. 2012 §110.140]
All vacancies in the Board of Trustees shall be filled by the remaining members of the Board. In case the office of Chairman becomes vacant, the remaining members shall select one (1) of their own number as temporary Chairman and then proceed to elect some person to fill such vacancy; provided, the Chairman or temporary Chairman shall have no vote except in case of a tie.
[R.O. 2012 §110.150]
Such Board of Trustees shall have power to appoint an Assessor, Collector, Marshal, Treasurer and such other officers, servants and agents as may be necessary, remove them from office, prescribe their duties and fix their compensation.
[R.O. 2012 §110.160; CC 1987 §§24.070 — 24.090; Ord. No. 924 Arts. I — II, 9-15-2005]
Where the calling for bids for work, improvements or purchases is required by law or ordinance, or where such procedure will benefit the Village, or where the expenditures will be greater than five hundred dollars ($500.00), except for expenditures exceeding five hundred dollars ($500.00) which are not required by law or ordinance for maintenance, removal or repair of streets, Village equipment or Village trees, the Board of Trustees shall direct the Village Clerk to advertise or solicit bids for such work, improvements or purchases as set forth in Section 110.160(B) and (C) of the Village Code. Where, in the opinion of the majority of the members of the Board of Trustees, the health or safety of the general public requires emergency purchases or work, no bids shall be required pursuant to this Section.
Notice And Receiving Of Bids. The advertisement, solicitation or notice for such work, improvements or purchases shall state the place, date and time when bids are to be received, and the place, date and time when bids will be opened. Such advertisement, solicitation or notice shall be placed no less than two (2) weeks prior to deadline for receipt of bids.
Opening, Acceptance Or Rejection Of Bids. On the hour chosen by the Board of Trustees for the opening of bids received pursuant to Subsection (B) hereof, the Board of Trustees or an officer designated by the Board of Trustees shall open and read all bids in order of their receipt by the Village Clerk. The officer shall report all bids to the Board of Trustees, who may reject any and all bids or, if the Board of Trustees desires to accept any bid received, they may do so at that time or at a regular or specially called meeting thereafter.
[Ord. No. 1023 Arts. I — II, 10-18-2012]
Any elected official acting either in his or her capacity as an elected official or as an appointed commissioner who authorizes the payment of Village funds, purchases goods, enters into a contract or hires a person, firm or corporation to perform work on behalf of the Village without following the procedures set forth in Chapter 127 of the Village Code, Section 110.160, or without prior Board approval by majority vote shall be required to reimburse the Village the total cost of said contract, service, goods or other expenditure provided the Village by majority of the Board agrees to pay for the expenditure out of Village funds.
The reimbursement due the Village shall be immediate upon payment by the Village. If the trustee or appointed official fails to reimburse the Village, the Village shall withhold any payment due trustee as set by ordinance until such reimbursement is paid in full. In the event the trustee resigns from the Board or is not re-elected and the funds have not been fully repaid to the Village, then the Village shall have the right to bring a civil action against the trustee and the trustee will be required to pay the cost of collection, including reasonable attorney's fees.