The elective officers of the City and their terms shall be those set out in Section
105.020 of this Code.
The Mayor, with the consent and approval of the majority of
the members of the Board of Aldermen, shall have power to appoint
a City Treasurer, City Attorney, Chief of Police and Police Officers,
Street Commissioner, Water Commissioner, Sewer Superintendent and
Superintendent of Streets and Public Utilities and such other officers
as he/she may be authorized by ordinance to appoint, 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. (RSMo.
§ 79.230)
All appointed officials shall hold office for two (2) years
or until said official's successor is appointed and qualified, unless
a vacancy should occur sooner in said office.
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. (RSMo. § 79.250)
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. (RSMo. § 79.260)
[CC 1986 § 21.150; Ord. No. 427, 3-6-1996]
The Board of Aldermen shall have the power to fix the compensation
of all 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 excepting
that a majority of the members of the Board of Aldermen may provide
annually for additional compensation equal to the extent of the cost
of living index, providing the City has funds budgeted and available
for that purpose.
[Ord. No. 18-039, 3-1-2023]
A. The
Board of Aldermen for the City of Edgerton, a "political subdivision,"
as defined in Section 70.600(19), RSMo., hereby elects to become a
participating employer of the Missouri Local Government Employees
Retirement System, as defined in Section 70.600(11), RSMo., and to
thereby provide retirement benefits to all its eligible general employees
under Benefit Program L-1, pursuant to Section 70.655.1, RSMo.
B. The
Board of Aldermen of the City of Edgerton hereby elects that one hundred
percent (100%) of prior employment be considered for "prior service,"
pursuant to Sections 70.600(20), RSMo., and 70.640, RSMo., in calculating
benefits and contributions to LAGERS. Such service shall be credited
only to employees whom remain in a covered position with this employer
for one (1) full year after the effective date of membership and to
any employee who becomes permanently disabled or passes away during
the first year of membership pursuant to the provisions of Section
70.640, RSMo.
C. The
Board of Aldermen of the City of Edgerton hereby elects that employees
eligible to become members of LAGERS are those employees employed
in positions normally requiring one thousand five hundred (1,500)
hours of work a year, provided such employees are not members of another
governmental retirement plan, or are otherwise excluded from membership
in LAGERS by State law, pursuant to 16 CSR § 20-2.010(B).
D. The
Board of Aldermen of the City of Edgerton hereby elects to have the
"final average salary" of its employee members determined over a sixty
(60) consecutive-month period pursuant to the provisions in Sections
70.600(12), RSMo., and 70.656, RSMo.
E. The
Board of Aldermen of the City of Edgerton hereby elects to require
employees who become members of LAGERS to pay two percent (2%) of
their gross salary and wages as employee contributions to LAGERS,
pursuant to Section 70.705, RSMo.
F. The
Board of Aldermen of the City of Edgerton hereby elects the minimum
service retirement age for all eligible employees in accordance with
Sections 70.600(16), RSMo., or 70.646, RSMo.
G. The
Board of Aldermen of the City of Edgerton hereby elects agrees to
hold LAGERS harmless from any liability with respect to this transaction,
apart from those obligations imposed on LAGERS by Sections 70.600
to 70.755, RSMo., provided the transaction is completed according
to the terms contained herein.
H. The
City Clerk of the City of Edgerton is hereby authorized and directed
to deduct from the wages or salaries of each employee member, the
employee contributions, if any, required by Section 70.705, RSMo.,
and to promptly remit such contributions to LAGERS, along with the
employer contributions required by Sections 70.705, 70.730, and 70.735,
RSMo., under LAGERS.
I. The
Mayor of the City of Edgerton is hereby authorized and directed to
take all actions, sign all documents, and to do any and all things
and take any and all actions required to place the foregoing resolutions
into effect, including the revision of any relevant ordinances and
resolutions of the City of Edgerton, which shall be promptly submitted
to the Board of Aldermen for approval.
J. The
City of Edgerton participation as a LAGERS employer will commence
on the first day of March, 2023.
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. (RSMo. § 79.280)
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. (RSMo. § 79.290)