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 1982 §21.100]
The Mayor, 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, Water, Street and
Sewer Superintendent 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.
[Ord. No. 479, 8-14-2012]
A.
Elected officials of the City of Sparta, Missouri, may be impeached
for cause according to the protocol defined in this Section.
B.
There are two (2) ways to begin impeachment proceedings of an elected
official.
1.
A majority of the Board of Aldermen may pass a resolution, authorizing
the start of impeachment proceedings, and setting out the factual
allegations against the elected official in question;
2.
A petition, signed by more than one hundred (100) registered
voters within the City of Sparta, seeking the impeachment of an elected
official, and setting out the factual allegations against the elected
official in question, also authorizes the start of impeachment proceedings.
C.
Once an impeachment proceeding has been authorized, by either of the methods defined in Subsection (B), above, the Sparta City Attorney shall draft a written legal opinion about whether the factual allegations against the elected official are sufficient, as a matter of law, to justify impeachment.
1.
If the factual allegations are not sufficient as a matter of
law to impeach the elected official, the Sparta City Attorney shall
so inform the Board of Aldermen.
2.
If the factual allegations are sufficient as a matter of law
to impeach the elected official, the Sparta City Attorney shall draft
a Bill of Impeachment.
D.
An elected official of the City of Sparta may only be impeached and
removed from office "for cause," meaning:
1.
The alleged wrongdoing must be substantial;
2.
The alleged wrongdoing must affect the rights and interests
of the public;
3.
"Cause" is limited to objective reasons, namely, the commission
of a crime related to the official's administration of his or
her public office; the failure to timely pay taxes; habitual drunkenness
or drug abuse; or willful neglect of the duties of the official's
public office.
4.
In the alternative to impeachment for wrongdoing, an official
may be impeached if a court of competent jurisdiction declares that
the office holder is incompetent to manage his or her personal affairs.
E.
In an impeachment proceeding, an elected official has a constitutional
right to procedural due process which, at a minimum, includes these
protections:
1.
The charges against the accused official shall be stated in
writing in a Bill of Impeachment, drawn up by the Sparta City Attorney;
2.
The Bill of Impeachment must inform the official of the grounds
for which his or her removal has been sought;
3.
The Bill of Impeachment shall be sent certified United States
Mail to the accused official;
4.
The accused official shall be given at least ten (10) days to
prepare his or her defense to the Bill of Impeachment by summoning
witnesses and marshaling evidence;
5.
After the ten (10) days allotted to the accused official for
preparation, a public trial of the accused official shall be held
before the Board of Aldermen of the City of Sparta, sitting as a Board
of Impeachment;
6.
The accused official has a right to be represented by an attorney;
7.
The accused official has a right to cross-examine witnesses
against him;
8.
Each meeting of the Board of Impeachment of the City of Sparta
must be advertised, conducted and document by appropriate minutes
in keeping with the Missouri Sunshine Law, Chapter 610, RSMo.;
9.
All aspects of the impeachment proceeding must be conducted
in keeping with the Missouri Administrative Procedure Act, Chapter
536, RSMo.
F.
The decision of the Board of Impeachment of the City of Sparta shall
be stated in writing, sent to the elected official by certified United
States Mail, and made available for public inspection. A vote of removal
must be approved by a two-thirds vote of all members of the Board
of Impeachment.
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.
[CC 1982 §21.140]
Upon filing of the oath of office and approval of bond when
bond is required, the City Clerk 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/she was appointed or elected.
[CC 1982 §21.150]
A.
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.
B.
In
addition to the fees allowed by this Code or other law or ordinance,
the City Officers shall receive such compensation for their services
as the Board of Aldermen shall from time to time provide.
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.
