No person shall be an Alderman unless
he/she be at least eighteen (18) years of age, a citizen of the United
States, and an inhabitant and resident of the City for one (1) year
next preceding his/her election, and a resident, at the time he/she
files and during the time he/she serves, of the ward from which he/she
is elected.
No person shall be Mayor unless he/she
be at least twenty-five (25) years of age, a citizen of the United
States, and a resident of the City at the time of and for at least
one (1) year next preceding his/her election.
The Board of Aldermen shall elect
one (1) of its own number who shall be styled "Acting President of
the Board of Aldermen" and who shall serve for a term of one (1) year.
When any vacancy shall happen in
the office of Mayor by death, resignation, removal from the City,
removal from office, refusal to qualify, or from any other cause whatever,
the Acting President of the Board of Aldermen shall, for the time
being, perform the duties of Mayor, with all the rights, privileges,
powers and jurisdiction of the Mayor, until such vacancy be filled
or such disability be removed; or, in case of temporary absence, until
the Mayor's return.
The Mayor and Board of Aldermen of
each City governed by this Chapter shall have the care, management
and control of the City and its finances and shall have power to enact
and ordain any and all ordinances not repugnant to the Constitution
and laws of this State, and such as they shall deem expedient for
the good government of the City, the preservation of peace and good
order, the benefit of trade and commerce, and the health of the inhabitants
thereof, and such other ordinances, rules and regulations as may be
deemed necessary to carry such powers into effect and to alter, modify
or repeal the same.
[R.O. 2003 § 110.110; CC 1997 § 24.050]
A. At the hour designated for Board meetings,
the Mayor shall call the Board of Aldermen to order, and he/she shall
act as President of the Board.
B. The Mayor shall appoint all committees,
subject to the concurrence of the Board of Aldermen, the appointment
or election of which is not otherwise provided for by this Code or
other ordinances.
The Mayor shall have a seat in and
preside over the Board of Aldermen but shall not vote on any question
except in case of a tie, nor shall he/she preside or vote in cases
when he/she is an interested party. He/she shall exercise a general
supervision over all the officers and affairs of the City and shall
take care that the ordinances of the City, and the State laws relating
to such City, are complied with.
The style of the ordinances of the City shall be "Be it ordained
by the Board of Aldermen of the City of Gallatin, as follows: . .
. ." No ordinance shall be passed except by bill, and no bill shall
become an ordinance unless on its final passage a majority of the
members elected to the Board of Aldermen shall vote for it, and the
"ayes" and "nays" be entered on the journal. Every proposed ordinance
shall be introduced to the Board of Aldermen 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 Aldermen. If the proposed
ordinance is read by title only, copies of the proposed ordinance
shall be made available for public inspection prior to the time the
bill is under consideration by the Board of Aldermen. No bill shall
become an ordinance until it shall have been signed by the Mayor,
or person exercising the duties of the Mayor's office, or shall have
been passed over the Mayor's veto as herein provided.
Every bill duly passed by the Board
of Aldermen and presented to the Mayor and by him/her approved shall
become an ordinance, and every bill presented as aforesaid, but returned
with the Mayor's objections thereto, shall stand reconsidered. The
Board of Aldermen shall cause the objections of the Mayor to be entered
at large upon the journal and proceed at its convenience to consider
the question pending, which shall be in this form: "Shall the bill
pass, the objections of the Mayor thereto notwithstanding?" The vote
on this question shall be taken by "ayes" and "nays" and the names
entered upon the journal, and if two-thirds (2/3) of all the members-elect
shall vote in the affirmative, the City Clerk shall certify the fact
on the roll, and the bill thus certified shall be deposited with the
proper officer and shall become an ordinance in the same manner and
with like effect as if it had received the approval of the Mayor.
The Mayor shall have power to sign or veto any ordinance passed by
the Board of Aldermen; provided that should he/she neglect or refuse
to sign any ordinance and return the same with his/her objections,
in writing, at the next regular meeting of the Board of Aldermen,
the same shall become a law without his/her signature.
The Board of Aldermen shall cause
to be kept a journal of its proceedings, and the "ayes" and "nays"
shall be entered on any question at the request of any two (2) members.
The Board of Aldermen may prescribe and enforce such rules as it may
find necessary for the expeditious transaction of its business.
The Board of Aldermen shall semiannually
each year, at times to be set by the Board of Aldermen, make out and
spread upon their records a full and detailed account and statement
of the receipts and expenditures and indebtedness of the City for
the half year ending with the last day of the month immediately preceding
the date of such report, which account and statement shall be published
in some newspaper in the City.
In the event the financial statement of the City is not published as required by Section
110.100, the Treasurer of the City shall not pay out any money of the City on any warrant or order of the Board of Aldermen after the end of the month in which such financial statement should have been published until such time as such financial statement is published. Any Treasurer violating the provisions of this Section shall be deemed guilty of a ordinance violation.
The Board of Aldermen shall have
power to compel the attendance of witnesses and the production of
papers and records relating to any subject under consideration in
which the interest of the City is involved and shall have power to
call on the proper officers of the City, or of the County in which
such City is located, to execute such process. The officer making
such service shall be allowed to receive therefor such fees as are
allowed by law in the Circuit Court for similar services, to be paid
by the City. The Mayor or Acting President of the Board of Aldermen
shall have power to administer oaths to witnesses.
The Mayor shall sign the commissions
and appointments of all City Officers elected or appointed in the
City and shall approve all official bonds unless otherwise prescribed
by ordinance.
The Mayor shall be active and vigilant
in enforcing all laws and ordinances for the government of the City,
and he/she shall cause all subordinate officers to be dealt with promptly
for any neglect or violation of duty; and he/she is hereby authorized
to call on every male inhabitant of the City over eighteen (18) years
of age and under fifty (50) to aid in enforcing the laws.
The Mayor shall, from time to time,
communicate to the Board of Aldermen such measures as may, in his/her
opinion, tend to the improvement of the finances, the Police, health,
security, ornament, comfort and general prosperity of the City.
The Mayor shall have power to remit
fines and forfeitures and to grant reprieves and pardons for offenses
arising under the ordinances of the City; but this Section shall not
be so construed as to authorize the Mayor to remit any costs which
may have accrued to any officer of said City by reason of any prosecution
under the laws or ordinances of such City.
[R.O. 2003 § 110.140; Ord. No. 962-01 § 1, 5-29-2001]
Any elected official of the City
shall not obligate the City nor incur any costs on behalf of the City
without prior approval granted by a majority of the Board of Aldermen.
[R.O. 2003 § 110.150; CC 1997 § 24.010]
A. The Board of Aldermen of the City shall
meet in regular session the second and fourth Mondays of each month
at a place and time as the Board shall set on motion, such place and
time to be included in the heading of the agenda, which agenda shall
be published in conformity with Missouri State Law.
1.
When any such meeting day is a holiday,
the regular meeting shall be held at such time as may be provided
by the Board on motion.
2.
The Board may, by motion, dispense
with any regular meeting, but at least one (1) meeting, regular or
special, must be held in each calendar month.
[R.O. 2003 § 110.160; CC 1997 § 24.020]
A. Special meetings may be called by the Mayor
or by any two (2) members of the Board by written request filed with
the City Clerk who shall thereupon prepare a notice of such special
meeting stating time, place and object thereof, which notice shall
be served personally upon each member of the Board or left at his/her
usual place of residence at least twenty-four (24) hours before the
time of the meeting, exclusive of weekends and holidays when the facility
is closed, prior to the commencement of any meeting. It shall also
be the duty of the City Clerk, immediately upon receipt of the request
for the meeting, to make diligent effort to notify each member of
the Board in person, either by telephone or otherwise, of such special
session.
1.
The City Clerk shall make a diligent
effort to notify those members of the mass media who customarily attend
meetings of the Board of Aldermen of the special session in the same
manner as described above.
2.
Failure to comply with the requirements
of this Section shall not invalidate any action taken at a special
meeting of the Board of Aldermen.
[R.O. 2003 § 110.170; CC 1997 § 24.030]
A quorum of the Board of Aldermen
shall consist of a majority of the full membership [i.e., three (3)
Aldermen and the Mayor, except if there are two (2) vacancies without
the Mayor's position being vacant, then a quorum shall consist of
two (2) Aldermen and the Mayor but only for the purpose of filling
vacancies].
[R.O. 2003 § 110.180; CC 1997 § 24.045]
All adjourned meetings of the Board
shall, to all intents and purposes, be continuations of the meetings
of which they are adjournments and the same proceedings may be had
at such adjourned meetings as at the meeting of which they are adjournments.
[R.O. 2003 § 110.190; CC 1997 § 24.065]
Except as otherwise provided by law
or ordinance, the proceedings of the Board of Aldermen shall be controlled
by Robert's Rules of Order, as revised.
[R.O. 2003 § 110.200; CC 1997 § 24.070]
The Presiding Officer of the Board
of Aldermen shall preserve decorum and shall decide all questions
of order subject to appeal to the Board of Aldermen. Any member may
appeal to the Board from a ruling of the Presiding Officer upon a
question of order. If the motion for an appeal is seconded, the member
making the appeal may briefly state his/her reason for the same and
the Presiding Officer may briefly express his/her ruling, but there
shall be no debate on the appeal and no other member shall participate
in the discussion. The Presiding Officer shall then put the question
to vote as to whether the decision of the Chair shall be sustained.
If a majority of the members present vote "aye," the ruling of the
Chair is sustained; otherwise, it is overruled.
[R.O. 2003 § 110.210; CC 1997 § 24.075]
Every member of the Board shall vote
upon every question and when requested by any member the vote upon
any question shall be taken by "ayes" and "nays" and be recorded,
except that no member may vote upon any question in which he/she has
an interest, which might create a conflict of interest.
[R.O. 2003 § 110.230; CC 1997 § 24.085]
Any member of the Board of Aldermen
may request non-action items (items not requiring a vote of the Board,
such as expression of dissent from or protest against an ordinance
or resolution) to be included in the minutes of the meeting and such
shall be done unless there is objection by any Board member. If any
Board member objects, then such inclusion shall be only if the Board
so agrees to the inclusion of the item(s) by motion. Such request
for inclusion shall be filed in writing and presented to the Board
to be considered along with the minutes that the item(s) is/are to
be included in. Once the minutes for any given meeting have been approved
by the Board, inclusions in said minutes will not be allowed.
[R.O. 2003 § 110.240; CC 1997 § 24.100]
Any bill shall be subject to amendment
until a vote upon final passage.