The elective officers of the City and their terms shall be those set out in Section 105.020 of this Code.
[R.O. 1994 §105.020; CC 1955 Ch. 4 Art. I §2; Ord. No. 20 §2, 7-5-1960; Ord. No. 182 §§1, 3, 12-2-1996]
The Mayor, with the consent and approval of the majority of
the members of the Board of Aldermen, shall have power to appoint
a Chief of Police, City Treasurer, City Attorney, City Collector,
Sexton, Street Foreman, Park Caretaker, Zoning Officer, Superintendent
of Public Works, Animal Control Officer and such other officers as
he/she may be authorized by ordinance to appoint and to pay reasonable
compensation therefor, 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.
[R.O. 1994 §105.070; CC 1955 Ch. 4 Art. I §7; Ord. No. 19 §1, 4-7-1958]
All officers appointed, except as otherwise provided, shall
hold their respective offices for the term of one (1) year, from the
first Monday in May following the last preceding general election
for City Officers, and until their successors are duly elected and
qualified, except the City Treasurer whose term shall not be limited.
[R.O. 1994 §105.080; CC 1955 Ch. 4 Art. I §8]
On the third Monday in April of each year, when a meeting of
the Board of Aldermen shall be held, the Mayor shall send to the Board
of Aldermen for their approval his/her nominations for the several
City offices which are required to be filled by appointment. All nominations
approved by a majority of the Board of Aldermen shall be considered
confirmed, and all those failing to get such majority approval shall
be considered rejected; and, in case of rejection, new nominations
shall be made.
A.
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 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 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.
B.
Nothing in this Section shall be construed to authorize the Mayor,
with the consent of the majority of all the members elected to the
Board of Aldermen, or the Board of Aldermen by a two-thirds vote of
all its members, to remove or discharge any chief, as that term is
defined in Section 106.273, RSMo. Dismissal of any Chief shall be
conducted as per Section 106.273, RSMo.
[R.O. 1994 §105.110; CC 1955 Ch. 4 Art. I §11]
Charges may be made by any officer of the City of Jonesburg,
in writing, against the elective officer or officers sought to be
removed from office, which shall be filed with the Board of Aldermen
of said City, at some regular or special meeting called for that purpose,
and thereupon the Board of Aldermen shall cause a copy of such charge
or charges, together with a notice directed and delivered to the officer
named therein by either the Chief of Police or some person over the
age of twenty-one (21) years capable of making a return, who may be
appointed by the Board, requiring such officer to appear before the
Board of Aldermen at the City Hall in Jonesburg on a certain day set
not less than five (5) days from the date said charge or charges are
filed with said Board, to present to the Board such evidence that
said officer by his/her witnesses may have to offer in his/her behalf;
provided, however, that such proceedings herein shall be governed
by the same rules of evidence as are applicable to courts of record
of the State of Missouri. If the required number of members of the
Board of Aldermen, sitting as a Board of Impeachment, after hearing
the evidence offered by both parties to the impeachment proceedings,
find that there is cause shown warranting the removal of such officer
being tried, they shall so state in their findings and shall thereupon
enter an order of record removing such officer from his/her office
and declare such office vacant.
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 bond provisions of this Section may be satisfied by the
securing of a blanket bond or blanket bonds, approved by the Board
of Aldermen, covering such officers by name or position.
[R.O. 1994 §105.050; CC 1955 Ch. 4 Art. I §5]
A.
The City Treasurer, Collector and Chief of Police shall each execute
to the State of Missouri for the use and benefit of the City of Jonesburg,
a good and sufficient bond, to be approved by the Board of Aldermen,
in the amounts as follows:
[R.O. 1994 §105.060; CC 1955 Ch. 4 Art. I §6]
Upon filing of said oath and approval of bond, when bond is
required, with the City Clerk, he/she 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 elected or appointed.
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 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.
