All powers of the city shall be vested in the council unless
specifically provided otherwise in this charter. The council shall
provide for the exercise of these powers and for the performance of
all duties and obligations imposed on the city by law.
(a)
Council members. The city council shall consist of seven members;
a Mayor and six Council Members.
(b)
Eligibility. Only registered voters of this city shall be eligible
to be elected as Council Members.
(c)
Election, terms and limitations.
(i)
The Council Members shall be nominated and elected at-large
by the qualified voters of this city.
(ii)
At each regular election of the city after the first election
held under the charter, Council Members shall be elected to fill the
positions of those whose terms expire and shall be elected for four-year
terms. However, in the event a Council Member is being elected to
replace a Council Member who vacated office prior to the expiration
of such Council Member's term, the elected Council Member shall
serve for the remainder of the unexpired term. If in the same election
Council Members are to be elected to serve full terms and Council
Members are to be elected to serve unexpired terms, the person elected
who receives the least number of votes shall serve the unexpired term.
If more than one Council Member is to be elected to unexpired terms
at such election, then such terms shall be filled in order, with the
person elected receiving the least number of votes to serve the shortest
term, the person receiving the next least number of votes the next
longest term, until all unexpired terms are filled.
(iii)
There shall be no limit to the number of terms a Council Member
may serve on the city council, provided however, that no person shall
be eligible to be elected to more than two consecutive four-year terms
as a Council Member.
(d)
Compensation and expenses.
(i)
Those persons initially elected Council Members under this charter
shall each receive as compensation the sum of Two Hundred Dollars
($200.00) per month. This provision shall remain in effect unless
otherwise changed by ordinance as provided herein.
(ii)
After the first council election hereunder, the council may
from time to time determine the compensation of Council Members by
ordinance, but no increase in such compensation shall become effective
until the commencement of the terms of Council Members elected at
the next regular city election held at least six months after the
approval of such ordinance and provided that the compensation of any
Council Member shall not be increased during the term of office of
such Council Member.
(iii)
In addition to their compensation, Council Members may receive
reimbursement for their actual and necessary expenses incurred in
the fulfillment of their office, provided that such expenses are supported
by appropriate documentation.
(a)
Eligibility. Only registered voters of the city shall be eligible
to be elected to the office of Mayor.
(b)
Election and term. The Mayor shall be elected at regular elections
of the city for a term of four years.
(c)
Member of council. The Mayor shall be a voting member of the city
council.
(d)
Limitation on terms. There shall be no limit to the number of times
a person may serve as Mayor; provided, however, that no person shall
be eligible to be elected to more than two consecutive four-year terms
as Mayor.
(e)
Compensation and expenses.
(i)
The first Mayor elected hereunder shall receive as compensation
the sum of Three Hundred Dollars ($300.00) per month. This provision
shall remain in effect unless otherwise changed by ordinance as provided
herein.
(ii)
After the first council election hereunder, the council may
from time to time determine the compensation of the Mayor by ordinance,
but no increase in such compensation shall become effective until
the commencement of the term of the Mayor elected at the next regular
city election held at least six months after the approval of such
ordinance.
(iii)
In addition to compensation, the Mayor may receive reimbursement
for actual and necessary expenses incurred in the fulfillment of that
office, provided that such expenses are supported by appropriate documentation.
(f)
Additional duties. In addition to being a member of the city council
the Mayor shall:
(i)
Preside as chairman of meetings of the city council;
(ii)
Call special meetings of the city council as provided by the
charter;
(iii)
Be deemed the head of city government for legal, ceremonial
and military purposes;
(iv)
Execute all bills, resolutions, contracts and documents on behalf
of the city;
(v)
Preside as chairman of the council review of the performance of the Chief Administrative Officer as provided in section 4.1(b);
(vi)
Place in nomination for consideration of the city council nominees
for the positions of the City Attorney, Municipal Judge, City Clerk
and members of all boards, commissions and committees of the city.
The council by ordinance may also provide for such nominations to
be made by its other members;
(vii)
Have the authority to request written reports and opinions from
the City Attorney. The council by ordinance or resolution may also
provide that written reports or opinions may be requested by its other
members, by the council as a whole or by designated city employees;
(viii)
Have the authority to request written reports
and recommendations from the presiding officer of each board, commission
and committee of the city under the jurisdiction of the city council,
with the advice and consent of the city council;
(ix)
Appoint the Provisional Municipal Judge as provided by the charter.
(g)
Deputy mayor. The city council shall elect from its members a deputy
mayor who shall act as Mayor in the event the office of Mayor becomes
vacant or in the event the Mayor shall be unable to perform due to
absence or disability.
(a)
Holding other office. Except where otherwise authorized by law or
pursuant to an agreement between the city and another governmental
entity, no member of the city council shall hold any other city office
or employment while serving as a member of the city council. No former
member of the city council shall hold any compensated, appointed city
office or employment until one year after the expiration of the term
for which such member was elected.
(b)
Appointments and removals. The city council and its members shall
not direct the employment or removal of any city employee or officer
who is employed or appointed under the authority of the Chief Administrative
Officer. Members of the council may express their views to the Chief
Administrative Officer regarding any matter pertaining to city employees
or officers.
(c)
Interference with administration prohibited. The council and its
members shall only deal with city employees and officers who are under
the direction and supervision of the Chief Administrative Officer
through the Chief Administrative Officer. The council and its members
shall not give orders to such city employees or officers publicly
or privately. Any violation of this prohibition shall be deemed a
violation of an express prohibition of this charter as set forth in
Section 3.5(b)(ii).
(a)
Vacancies. The office of a Council Member or the Mayor shall become
vacant upon death, resignation, removal from office in a manner authorized
by law, or forfeiture of office.
(b)
Forfeiture of office. A Council Member or the Mayor shall forfeit
office if such Council Member or Mayor (i) lacks at any time during
the term of office any qualification for the office prescribed by
this charter or law, (ii) violates any express prohibition of this
charter, (iii) is convicted of a crime involving moral turpitude or
a felony, (iv) is in default to the city, or (v) fails to attend three
consecutive regular meetings of the council without being excused
by the council.
(c)
Filling of vacancies.
(i)
Council Member. A vacancy in the office of Council Member shall
be filled by the council by a majority vote of all its remaining members
for a period running to the next regular election unless such period
would exceed one year from the date of the vacancy, in which event
the council shall provide for a special election to fill such vacancy
for the unexpired term.
(ii)
Mayor. In the event the office of Mayor shall become vacant
the deputy mayor shall serve as acting Mayor until the next regular
city election unless such period would exceed one year from the date
of the vacancy, in which event the council shall provide for a special
election to fill such vacancy for the unexpired term.
The council shall be the judge of the election and qualifications
of its members and of the grounds for forfeiture. A member charged
by the council with conduct constituting grounds for forfeiture of
office shall be furnished with a written document from the council
setting forth such charges. Such member may demand a public hearing
before the council. The council shall have the power to issue subpoenas
to compel the testimony of witnesses and the production of evidence,
and it may administer oaths. The council shall subpoena such witnesses
and evidence as may also be requested by the member whose forfeiture
is under review at such hearing. Any person who willfully fails to
comply with a subpoena issued hereunder shall be guilty of a misdemeanor
subject to penalty as provided by ordinance. Decisions made by the
council under this provision shall be subject to review by the appropriate
court as provided by law.
The council may make investigations into the affairs of the
city. In the event the council determines to conduct a formal investigation,
it may do so only upon the vote of a majority of the council then
in office setting forth with particularity the nature of the investigation.
In the event the council undertakes a formal investigation, it may
conduct hearings, issue subpoenas to compel the testimony of witnesses
and production of evidence, and it may administer oaths. All such
hearings shall be public. Any person who willfully fails to comply
with a subpoena issued hereunder shall be guilty of a misdemeanor
subject to penalty as provided by ordinance.
The council shall provide for an independent audit of all city
accounts at least annually. Such audit shall be made by an independent
certified public accountant or firm of such accountants. A copy of
such audit report shall be kept in the City Clerk's office and
shall be open to public inspection.
(a)
Meetings. The council shall meet regularly at least once each month
at such time and place as the council may prescribe by rule. The council
may also hold additional regular meetings at such time and place as
the council may prescribe by rule. Notice of such regular meetings
shall be posted at the city hall. The Mayor may, or at the request
of at least three members of the council shall, call a special meeting
of the council for a time not earlier than twenty-four hours after
notice is given to all members of the council then in the city. Emergency
meetings of the council may also be held at any time by the consent
of five-sevenths of all the members of the council, and such consent
may be given either prior to or during the special meeting. All meetings
of the city council shall be public meetings unless such meetings
may be closed pursuant to law. Unless otherwise provided by law, no
action of the council shall take effect unless the motion for the
action and the vote by which it is disposed of shall take place at
proceedings open to the public.
(b)
Rules and journals. The council shall determine its own rules and
order of business. It shall cause a journal of its proceedings to
be maintained and this journal shall be open to public inspection.
(c)
Voting. Voting shall be by roll call except on procedural motions,
and the ayes and nays shall be recorded in the journal. Roll call
votes shall be taken in the order as prescribed by rule of council.
A majority of members of the council shall constitute a quorum for
its business, but a smaller number may meet and compel the attendance
of absent members in the manner and subject to the penalties prescribed
by the rules of the council. Except as otherwise provided in this
charter, the affirmative vote of a majority of the entire council
then in office shall be necessary to adopt any ordinance or resolution.
(d)
Form of ordinances. Proposed ordinances and resolutions shall be
introduced in the council only in written or printed form. The enacting
clause of all ordinances shall be: Be It Ordained By The Council Of
The City Of Kirkwood.
The enacting clause of all ordinances submitted by initiative
shall be: Be It Ordained By The People Of The City Of Kirkwood.
No ordinance, except those making appropriations of money and
those codifying or revising existing ordinances, shall contain more
than one subject, which shall be clearly expressed in its title. An
ordinance which appropriates funds may contain subjects relating to
such appropriation.
(e)
Reading, time before adoption. Every proposed ordinance shall be
read by title in an open council meeting at least twice before final
passage, and at least one week shall elapse between its first reading
and final passage. A copy of each proposed ordinance shall be provided
for each council member at the time of its introduction, and after
it is introduced, copies of such proposed ordinance shall be available
for public inspection in the office of the City Clerk. The council
shall provide by its rules the opportunity for persons interested
in any proposed ordinance to be heard before the council. If the council
adopts an amendment to a proposed ordinance which constitutes a change
in substance, the proposed ordinance as amended shall be placed on
file for public inspection in the office of the City Clerk for one
additional week prior to its final passage.
(f)
Emergency ordinances. Notwithstanding the foregoing provision, an
ordinance may be passed as an emergency measure on the day of its
introduction if necessary for the immediate preservation of the public
peace, health or safety and if it contains a declaration describing
in clear and specific terms the facts and reasons constituting the
emergency and receives the votes of five-sevenths of the members of
the council. An ordinance granting, reviewing or extending a franchise
shall not be passed as an emergency ordinance.
(g)
Effective date. Every adopted ordinance subject to referendum shall
become effective at the expiration of thirty days after adoption or
at any later date specified in such ordinance. All other ordinances
shall become effective upon adoption or at any later date specified
in the ordinance.
(h)
Authentication and recording. All ordinances and resolutions adopted
by the council shall be authenticated by the signature of the Mayor
and City Clerk. The City Clerk shall record in a properly indexed
book maintained for that purpose all ordinances and resolutions adopted
by the council.
All ordinances and resolutions of the city of a general and
permanent nature shall be codified and promulgated according to a
system of continuous numbering and revision as specified by ordinance.
The council shall appoint an officer who shall have the title
of City Clerk. The council shall fix the compensation and conditions
of employment for such office. The City Clerk shall maintain the journal
of council proceedings, authenticate by signature of the City Clerk
all ordinances and resolutions, and record them in full in a book
maintained for that purpose. The City Clerk shall perform such other
duties as may be required by law, by this charter, or by the council.
The City Clerk shall be responsible to the council and shall hold
office at the pleasure of the council.
(a)
Appointment and qualifications. The council shall appoint an
officer who shall have the title of Municipal Judge. The Municipal
Judge shall be appointed for a term of two years unless otherwise
provided by law. The person appointed to such position must have the
following qualifications:
(b)
Powers and duties. The Municipal Judge shall have such powers
and duties as are conferred upon such officers by the laws of the
State of Missouri.
(c)
Provisional Municipal Judge. The Mayor shall appoint a person
to the position of Provisional Municipal Judge who shall have the
same qualifications as the Municipal Judge. The Provisional Municipal
Judge shall serve as Municipal Judge in the event the Municipal Judge
is unable to perform such duties of office due to absence, illness
or disqualification to hear certain matters.
(d)
Compensation. The council shall by ordinance fix the compensation
of the Municipal Judge and Provisional Municipal Judge.
(a)
Appointment and qualifications. The council shall appoint an
officer who shall have the title of City Attorney. The City Attorney
shall be a resident of the City of Kirkwood and shall be licensed
to practice law in the State of Missouri.
(b)
Duties. The City Attorney shall be the chief legal officer for
the City and shall have such duties as may be assigned by law and
the council, and may render informal legal opinions as requested from
time to time by any member of the council.
(c)
Assistant City Attorneys and Prosecuting Attorneys. The City
Attorney shall, with the consent of the council, appoint Assistant
City Attorneys and Prosecuting Attorneys for the prosecution of violations
of city ordinances before the Municipal Judge. Such assistants shall
be responsible for the fulfillment of these duties to the City Attorney.
(d)
Compensation. The council shall provide for the compensation
of the City Attorney and Assistant City Attorneys and Prosecuting
Attorneys. Such compensation may be provided by fees and may be paid
directly to such officers or to a law firm or firms of which they
are members or employees.