The elective officers of the City and their terms shall be those set out in Section
115.020 of this Code.
[R.O. 1994 § 105.040; Ord. No.
7 § 6, 8-26-1966; Ord. No. 2008-06, 1-22-2008; Ord. No. 2008-17, 4-22-2008]
The Mayor, with the advice and consent of the Board of Aldermen,
shall appoint: Treasurer, City Attorney, City Prosecutor (if not the
City Attorney), Judge of the City's Municipal Court, Chief of Police,
Transportation Superintendent, Collector, Utilities Superintendent,
Court Clerk and other such officers as are provided by ordinance for
him/her to appoint. Such appointments shall be made at the second
regular meeting of the Board of Aldermen after the general City election
at which the Mayor is elected. The Presiding Officer/Mayor shall notify
the Board of Aldermen of his/her intent to make such appointment(s)
no less than seven (7) days prior to the meeting at which the appointment(s)
will be sought, as well as the name(s), address(es) and other relevant
information regarding such appointee(s). Said appointee(s) shall hold
their several offices until the appointment and qualification of their
respective successors.
[R.O. 1994 § 105.011; Ord. No.
2010-09, 3-9-2010]
A. An elected officer of the City may be impeached or removed from office
"for cause shown". "For cause shown" means a legally sufficient ground
or reason that relates to and affects the administration of the officer's
office and that is something of a substantial nature that directly
affects the rights and interests of the public. The cause must be
one touching upon the performance of an officer's duties showing that
he or she is not fit to hold the office. Such cause for removal or
impeachment may include any ground or reason deemed sufficient as
a matter of law in this State and may include any one (1) of the following:
1.
Willful violation of any of the officer's official duties or
the willful violation of City ordinances or State Statutes;
2.
Culpable official negligence or dereliction of official duties;
3.
Any conduct inconsistent with the officer's official character
and duties;
4.
Official incompetency or misconduct, oppression or corruption
in office, or moral turpitude; and
5.
Intoxication while in the performance of any official act or
duty, or intoxication so as to render the officer incapacitated to
perform any official act or duty at the time or in the manner required
by law.
[R.O. 1994 § 105.012; Ord. No.
2010-09, 3-9-2010]
A. Preparation Of Charges, Notice. The Mayor or any member of the Board
of Aldermen may prefer charges for removal or impeachment against
any elected officer by filing with the City Clerk a written statement
of the charges, which describes with reasonable precision and detail
the facts constituting sufficient cause for removal or impeachment,
together with a notice of filing of charges directed to the accused
officer. Immediately upon receipt of the charges and the notice of
filing, the City Clerk shall cause said notice of filing, together
with a copy of the charges, to be personally served on the accused
officer.
B. Service Of Notice. The notice of filing, together with a copy of
the charges, shall be personally served on the accused officer by
any Law Enforcement Officer of the City. Upon personally serving the
notice and copy of the charges on the accused officer, the Law Enforcement
Officer serving said notice and charges shall prepare and file with
the City Clerk a return of service that sets forth the identity of
the person or persons served as well as the location and time of said
service. If for any reason the accused officer cannot be personally
served with the notice and copy of the charges within three (3) days
after the date said charges and notice were filed with the City Clerk,
the City Clerk shall thereafter promptly mail the notice of filing,
together with a copy of the charges, to the accused officer at his
or her last known address. The City Clerk shall make and keep a permanent
record of the service (return of service) in this manner setting forth
the identity of the person or persons to who such notice and copy
of charges were mailed and of the addresses to which the notice and
charges were sent and of the time when mailed.
C. Return Of Service. The notice of filing and the charges, together
with the return of service, shall be placed before the Mayor and the
Board of Aldermen for consideration at the Board's next regular or
special meeting.
D. Resolution Of Impeachment And Hearing Date Of Impeachment Hearing.
Upon consideration of the charges at the Board of Aldermen's next
regular or special meeting, the Board of Aldermen — if the Mayor
be the accused — shall move, by majority vote of all the elected
members of the Board of Aldermen, to make a resolution for removal
or impeachment and shall set a date and time for a removal or impeachment
hearing to be heard by the Board of Aldermen setting as a court of
impeachment. If an Alderman be the accused, a majority of the members
of the Board of Aldermen who have not been named in the pending charges
of removal or impeachment, along with the Mayor, shall move to make
a resolution for removal or impeachment and shall set a date and time
for said removal or impeachment hearing. The date and time of the
removal or impeachment hearing shall be at least ten (10) days from
the date of the resolution of impeachment is approved as set forth
herein, except in cases where the public morals, health, safety or
interests of the public make a shorter time reasonable under the circumstances
for said hearing.
[R.O. 1994 § 105.013; Ord. No.
2010-09, 3-9-2010]
A. Issuance And Service Of Subpoenas And Subpoenas Duces Tecum. The
Mayor, or if he or she be the accused, then the Mayor Pro Tem of the
Board of Aldermen, shall — upon request of the City Attorney,
the special City Attorney, the accused or the attorney of the accused
— issue subpoenas for the attendance of witnesses who may be
called to testify at the removal or impeachment hearing or at deposition,
and in the proper case, shall issue subpoenas duces tecum for the
production of papers related to any subject matter under consideration
at the removal or impeachment hearing. Subpoenas shall be served and
returned as in civil actions filed in Circuit Courts of this State
and witnesses shall be entitled to the same fees and same tender of
fees for travel and attendance for witnesses in civil actions filed
in the Circuit Courts of this State.
B. Enforcement Of Subpoenas. The Board of Aldermen, or the party at
whose request a subpoena is issued, shall enforce subpoenas in accordance
with Section 536.077, RSMo., by applying to a judge of the Circuit
Court of the County of the hearing or of any County where the witness
resides or may be found for an order to show cause, which shall be
directed to any witness who fails to obey a subpoena, why such subpoena
should not be enforced. A copy of the order to show cause and a copy
of the application therefor shall be served upon the witness in the
same manner as a summons in a civil action. If the Circuit Court shall,
after hearing, determine that the subpoena should be sustained and
enforced, said court shall proceed to enforce said subpoena in the
same manner as though said subpoena had been issued in a civil case
in the Circuit Courts of this State.
C. Conduct Of The Hearing. The City Attorney or, in the case he or she
be the accused or deemed biased, some special City Attorney selected
by the Board of Aldermen shall conduct the prosecution of the charges
against the accused officer and the accused officer shall be entitled
to be represented by an attorney that he or she may employ to conduct
his or her defense to the charges.
D. Aldermen To Hear Evidence. At the time set for the removal or impeachment
hearing provided for herein, and if due notice has been given to the
accused officer, the Board of Aldermen, setting as a court of impeachment,
shall hear the evidence against and in favor of the accused and may
adjourn from time to time, if necessary, until all the evidence is
heard.
E. Evidence At The Hearing. All oral evidence shall be taken only on
oath or affirmation. Each party shall have the right to call and examine
witnesses, to introduce exhibits, to cross-examine opposing witnesses
on any matter relevant to the issues even though the matter was not
the subject of direct examination, to impeach any witness regardless
of which party first called the witness to testify and to rebut evidence
against him or her.
1.
A party who does not testify in his or her own behalf may be
called and examined as if under cross-examination.
2.
Records and documents of the City which are to be considered
at the removal or impeachment hearing shall be offered in evidence
so as to become part of the record, the same as any other evidence.
3.
Evidence to which an objection is sustained shall, at the request
of the party seeking to introduce the same, nevertheless be preserved
in the record, together with any cross-examination with respect thereto
and any rebuttal thereof, unless such evidence is wholly irrelevant,
repetitious, privileged or unduly long.
4.
Any evidence received without objection that has probative value
shall be considered by the Board of Aldermen. The rules of privilege
shall be effective to the same extent that they are now or may hereafter
be in civil actions filed in Circuit Courts of this State. Irrelevant
and unduly repetitious evidence shall be excluded.
F. Right Of The Accused Officer To Be Heard. At any hearing under Sections
115.030(C) to
115.037 of the Municipal Code, the accused officer, his witnesses and his counsel shall be entitled to be heard in defense of the charges.
G. Burden Of Proof. The burden of proof is on the City Attorney or the
special City Attorney to cause the Board of Aldermen, setting as a
Board of Impeachment, to believe by clear and convincing evidence
that the accused officer committed the charges of impeachment that
have been filed against him or her.
[R.O. 1994 § 105.014; Ord. No.
2010-09, 3-9-2010]
Deposition of witnesses may be taken and used in the same manner,
upon and under the same conditions and upon the same notice as is
provided for taking and using depositions in civil actions in the
Circuit Courts of this State.
[R.O. 1994 § 105.015; Ord. No.
2010-09, 3-9-2010]
As soon as all of the evidence at the removal or impeachment hearing has been heard, the case shall be submitted to the Board of Aldermen for vote upon the charges and specifications separately. The question upon each charge shall be "Is the accused guilty?" If the accused is found guilty, in accordance with the provisions of Section
115.030(C) of the Municipal Code, of one (1) of the charges that has been preferred against him or her, the Board of Aldermen may by resolution remove him or her from office and the office shall thereupon be vacant.
[R.O. 1994 § 105.016; Ord. No.
2010-09, 3-9-2010]
The proceedings of the Board of Aldermen acting under Sections
115.030(C) to
115.037 of the Municipal Code shall be recorded by a certified court reporter selected by the Board of Aldermen. Said certified court reporter shall be a duly authorized Notary Public in this State and he or she shall be responsible for administering oaths to all witnesses called at the removal or impeachment hearing, taking down and recording all witness testimony heard at the hearing, labeling documentary evidence presented at the hearing and, if requested, providing transcripts to the Board of Aldermen and the accused.
[R.O. 1994 § 105.017; Ord. No.
2010-09, 3-9-2010]
With respect to any removal or impeachment hearing under Sections
115.030(C) to
115.037 of the Municipal Code, the Board of Aldermen shall retain a duly licensed attorney in the State of Missouri to act as hearing officer who shall preside over the hearing and who shall make rulings on whether certain testimony and exhibits should be admitted into evidence at the hearing.
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.
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.
[Ord. No. 2021-54, 10-26-2021]
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. The successor shall serve until the next regular municipal election. If a vacancy occurs in an 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 or filled temporarily by an interim appointment by the Mayor with the consent and approval of the Board of Aldermen. However, if the vacancy is in the office of the City Administrator, and the City has employed an Assistant City Administrator/Community Economic Development Director, that employee shall serve as the interim City Administrator until such time as a new City Administrator has been appointed and approved by the Board of Aldermen pursuant to Section
115.190 of the City's Code.
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.