Board of Trustees established, membership. The administrative and
custodial functions of the Plan shall be in the control of a Board
of Trustees consisting of seven members. The membership of the Board
shall be the Mayor, or the Mayor's designee as approved by the
City Council, the Police Chief, the Fire Chief, two Firemen, and two
Policemen. The police chief and fire chief shall serve as trustees
for the period of time they hold the positions of fire chief and police
chief for the City of Kirkwood. The Mayor, or if the Mayor shall choose
not to sit on the Board of Trustees and designate a replacement (who
shall be approved by the City Council), shall serve for as long as
he shall be Mayor of the City and the designee, if so designated,
shall likewise serve a term simultaneous to that of the Mayor who
appointed said designee. The two members who are firemen shall be
elected by a majority of firemen voting by secret ballot at an election
called for such purposes. Such election shall be administered by the
City Clerk of the City and shall be held between September 1 and December
1, of each year (except for the first election as set out herein).
Each fireman so elected shall serve a term of two years commencing
on the first of the year following said election. Special elections
shall be held to fill any vacancies created prior to the normal expiration
of a term. Such persons so elected shall fulfill the remaining unexpired
term. An alternate member shall also be elected each time an election
is held, being the person receiving the second highest vote in such
election. Such alternates shall serve a term simultaneously with the
member then elected. Such alternates shall have the power to participate
and vote as a member of the Board at any time Board action is being
taken and the regular member is not in attendance. The alternate shall
have no power to participate as a member of the Board if the regular
member is present at the times such action is being taken, even if
the regular member was not present during the entire meeting in which
such action is being taken.
Notwithstanding the above, the first election to elect the said
two firemen to the board of trustees shall occur within 30 days after
the Charter of the City of Kirkwood shall have been amended by this
amendment. In the first election, the two persons elected as regular
members of the Board shall be those firemen receiving the highest
and second highest vote in said election. The alternates elected shall
be those firemen receiving the third highest and fourth highest votes
in such election. The fireman receiving the highest number of votes
shall serve a full two-year term and shall serve until his replacement
is elected at the next regular election date. The fireman receiving
the second highest number of votes shall serve a one-year term and
shall serve until his replacement is elected for a regular two-year
term at the next regular election (so that the terms of the firemen
shall be staggered). The fireman receiving the third highest vote
shall be the alternate for the fireman receiving the highest vote,
and the fireman receiving the fourth highest vote shall be the alternate
for the fireman receiving the second highest vote.
The two members who are policemen shall be elected by a majority
of policemen voting by secret ballot at an election called for such
purposes. Such election shall be administered by the City Clerk of
the City and shall be held between September 1 and December 1, of
each year (except for the first election as set out herein). Each
policeman so elected shall serve a term of two years commencing on
the first of the year following said election. Special elections shall
be held to fill any vacancies created prior to the normal expiration
of a term. Such persons so elected shall fulfill the remaining unexpired
term. An alternate member shall also be elected each time an election
is held, being the person receiving the second highest vote in such
election. Such alternates shall serve a term simultaneously with the
member then elected. Such alternates shall have the power to participate
and vote as a member of the Board at any time Board action is being
taken and the regular member is not in attendance. The alternate shall
have no power to participate as a member of the Board if the regular
member is present at the times such action is being taken, even if
the regular member was not present during the entire meeting in which
such action is being taken.
Notwithstanding the above, the first election to elect the said
two policemen to the Board of Trustees shall occur within 30 days
after the Charter of the City of Kirkwood shall have been amended
by this amendment. In the case of that election, the two persons elected
as regular members of the Board shall be those policemen receiving
the highest and the second highest vote in said election. The alternates
elected shall be those policemen receiving the third highest and fourth
highest votes in such election. The policemen receiving the highest
number of votes shall serve a full two-year term and shall serve until
his replacement is elected at the next regular election. The policemen
receiving the second highest number of votes shall serve a one-year
term and shall serve until his replacement is elected for a regular
two-year term at the next regular election (so that the terms of the
policemen shall be staggered). The policeman receiving the third highest
vote shall be the alternate for the policeman receiving the highest
vote, and the policeman receiving the fourth highest vote shall be
the alternate for the policeman receiving the second highest vote.
An Advisory Trustee shall also be selected by the Board of Trustees
from the members of the plan who are retired. Prior to selection of
the Advisory Trustee, the Board shall cause the retirees to be notified
by regular mail and given 30 days from the date the last notice is
mailed to make suggestions as to the appointment. However, the Board
shall select a retiree as Advisory Trustee who shall fairly represent
the retirees. The Advisory Trustee shall attend all meetings and participate
in all discussions as if a member of the Board, but shall not vote.