[Ord. No. 10, § 1, 8-23-1949; Code 1965, § 3.01; Ord. No. 1759, § 1, 10-9-1977; Ord. No. 4411, § 1, 4-23-2013]
No person shall be elected or appointed to the Board of Aldermen
who is not at least 21 years of age, a citizen of the United States,
an inhabitant and a qualified voter of the City for at least one year
and a resident of the respective ward for at least 90 days. Candidates
must meet all qualifications as of the date of filing for election
or on the date of appointment to office. No person may be elected
or appointed to the Board of Aldermen who is either delinquent in
the payment of any Crestwood taxes or fees, or a convicted felon.
[Ord. No. 3178, § 1, 1-22-1991; Ord. No. 4668, § 1, 6-28-2016]
The Board of Aldermen shall elect one of its own number who
shall be styled president of the Board of Aldermen and who shall serve
for a term of one year. When presiding at meetings of the Board of
Aldermen in the absence of the Mayor, the president shall have the
voting rights of a member of the Board of Aldermen. The president
shall not have the voting rights of the Mayor.
[Ord. No. 10, § 2, 8-23-1949; Code 1965, § 3.02; Ord. No. 1485, §§ 1, 2, 3-26-1974; Ord. No. 1859, § 1, 5-11-1982; Ord. No. 4668, § 2, 6-28-2016]
(a)
The Board of Aldermen shall hold at least one regular monthly meeting
at City Hall or such place as may be designated by resolution of the
Board from time to time.
(b)
Adjourned meetings may be held for the purpose of completing unfinished
business of any meeting, at such times as may be determined by the
Board.
(c)
Members of the Board shall attend all meetings, and remain at each
such meeting until adjournment, unless excused by the Mayor or the
Board because of circumstances including, but not limited to, illness,
business or personal travel or other similar reason. Attendance by
teleconferencing, video conferencing, or other electronic or remote
means shall not be permitted unless pre-approved by a majority of
the Board of Aldermen and completed pursuant to applicable law. Such
remote attendance must allow for simultaneous communication with the
remote member. A member shall inform the Mayor of an expected absence
and the reason therefore as soon as possible upon learning that he/she
will be unable to attend a meeting. If a member intends to leave any
meeting prior to adjournment, he/she will inform the Mayor or the
Board of the necessity of such departure.
(d)
Should any regular or special meeting of the Board be scheduled at a time when unusually inclement weather, unforeseen exigencies or emergency conditions would render attendance at such meeting hazardous or a hardship to those essential to be in attendance or to the members of the public, then such meeting may be canceled or rescheduled by the Mayor, or in his/her absence by the president of the Board. Should such regular or special meeting be rescheduled as provided for above, then the notice provision, as provided for in § 2-24, shall be complied with for the rescheduled meeting.
(e)
A tentative agenda for all regular meetings of the Board of Aldermen
shall be prepared by the City Administrator and made available to
each member of the Board and the Mayor at least 72 hours prior to
the commencement of any such regular meeting. Both the Mayor and the
City Administrator shall have the discretion to place items on the
agenda for a particular meeting. Any one member of the Board of Aldermen
may request that an item be placed on the agenda for discussion. Any
two members of the Board of Aldermen may request that the City Administrator
cause an ordinance or resolution to be prepared for placement on the
agenda, provided that such preparation does not incur additional legal
costs. The deadline for submission of items on the agenda by members
of the Board of Aldermen is established at noon 12 days prior to the
Board's regular meeting. Administrative matters of a minor nature
or emergency matters may be added after said deadline at the discretion
of the City Administrator. No action shall be taken on any subjects
not set forth in the final agenda which shall be posted and made available
at least 24 hours prior to the commencement of any meeting, except
that subjects may be considered and acted upon with three-fourths
consent of the Board. The order of items on the agenda may be amended
by a majority vote of the Board of Aldermen.
[Code 1965, § 3.03; Ord. No. 4668, § 3, 6-28-2016; Ord. No. 4774, § 1, 8-8-2017]
(a)
At any regular or special meeting where a quorum is present, the
Mayor may call a special meeting, and unless he/she announces a specific
purpose for the meeting any business may be transacted, including
the introduction, reading and passing of ordinances. At any regular
or special meeting where a quorum is present, the Board of Aldermen
may by majority vote call a special meeting for any purpose.
(b)
Absent an emergency, the Mayor, at any time, by telephone call, electronic
mail, or other written communication provided at least 24 hours before
the meeting, may, or at the request of three aldermen shall, call
a special meeting of the Board of Aldermen for any purpose, including
general purposes and the introduction, reading and adoption of ordinances.
The reading or adoption of any ordinance at a special meeting shall
comply with Subsection 3.10(f) of the City Charter.
[Ord. No. 17, §§ 1
— 3, 10-25-1949; Code 1965, § 3.04; Ord. No. 4668, § 4, 6-28-2016]
(a)
Failure to attend meetings. In the event that a member of the Board
of Aldermen misses two consecutive regular meetings of the Board without
a valid excuse or leave of absence, the sufficiency of the excuse
to be passed upon by the Board, he/she may be removed from office
by resolution of the Board at any regular meeting of the Board, whether
or not the member in question is present, such resolution to be voted
upon favorably by at least two-thirds of all of the members of the
Board.
(b)
Failure to perform duties. In the event any member of the Board is
consistently delinquent in his/her duties and fails to perform duties
assigned to him/her by the Mayor and Board of Aldermen in the regular
course of business, charges to that effect may be filed against him/her
by the Mayor or any member of the Board. Such charges may include
those against a member who violates the confidentiality of a discussion
at a closed meeting lawfully held in accordance with the Missouri
Sunshine Law (RSMo. 610.010 et seq.), as amended, or who releases
a record validly closed under the Missouri Sunshine Law. The member
in question shall be notified to appear at the next regular meeting
of the Board where he/she may be heard in his/her own defense. If
the charges are proven to the satisfaction of at least two-thirds
of all the members of the Board it may, by resolution voted upon favorably
by at least two-thirds of all the members of the Board, remove said
member.
(c)
Resignation. Resignation of a member of the Board of Aldermen shall
be made by a written letter addressed to the Mayor and members of
the Board of Aldermen, and shall be filed with the City Administrator,
who shall present such resignation at the next meeting of the Board
of Aldermen. The resignation shall be effective on the date of filing
with the City Administrator.
(d)
Filling vacancy. Vacancies occurring under this section shall be
filled in the manner as provided by Subsection 3.7(c) of the Charter.
(e)
Voting.
It is the duty of every member to attend meetings if not excused and
to vote on questions before the Board, unless such member has a conflict
of interest, in which case the member shall abstain. If a member believes
he or she has a conflict of interest, he or she shall so state, and
such statement shall be recorded in the minutes. In voting on ordinances
(first and/or second reading), the vote of any member of the Board
of Aldermen who is absent at a meeting, or who is present but when
a matter is put to a roll call vote, abstains or otherwise refuses
or fails to vote for any reason, shall be considered as a "no" vote
for the purposes of determining whether a tie exists on the question
under Section 4.4(a) of the City Charter.
[Added 9-22-2020 by Ord.
No. 5085]
[Ord. No. 10, § 4, 8-23-1949; Code 1965, § 3.05]
A quorum shall constitute one more than half of the total number
of members of the Board of Aldermen. If a quorum fails to attend any
meeting it shall stand adjourned until the next regular or special
meeting.
[Ord. No. 10, § 5, 8-23-1949; Ord. No. 38, § 5, 5-11-1950; Code 1965,
§ 3.06; Ord. No. 4668, § 5, 6-28-2016]
(a)
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 members, provided however, that in the note of
final passage of any ordinance the "ayes" and "nays" must in all cases
be entered in the journal, showing the vote of each alderman in attendance.
(b)
All minutes of the regular and special meetings of the Board of Aldermen
shall be included in the journal. Minutes of all meetings of the Board
shall be approved or corrected at the next regular or special meeting
of the Board. A separate record shall be kept of closed sessions,
which record shall remain closed to public inspection or to legal
process, except as otherwise provided by law.
[Ord. No. 10, § 6, 8-23-1949; Code 1965, § 3.07; Ord. No. 1744, § 1, 6-26-1979; Ord. No. 4686, § 1, 9-13-2016; Ord. No. 4762, § 6, 6-15-2017]
(a)
Composition. A standing committee known as the ways and means committee
shall consist of the Mayor and all members of the Board of Aldermen.
(b)
Meetings and quorum. The ways and means committee shall hold meetings
at least once per year at a time scheduled by the chairperson. Additional
meetings may be scheduled at any time by the chairperson. A quorum
shall constitute one more than half of the total number of members
of the Board of Aldermen.
(c)
Attendance. Members of the Board shall attend all meetings, and remain
at each such meeting until adjournment, unless excused by the Mayor
or the Board.
(d)
Duties and responsibilities. The ways and means committee shall provide advice and recommendations to the Mayor, Board of Aldermen and City Administrator on policy matters relating to the overall financial condition of the City. The ways and means committee participates in the annual budget process pursuant to § 2-96.
(e)
Chairperson. The Mayor shall be the chairperson of the ways and means
committee.
(f)
Ex officio members. The City Administrator and finance officer shall
be ex officio members and nonvoting members of the ways and means
committee, acting in advisory capacities and shall attend all meetings
unless excused by the Mayor. If the City Administrator is unable to
attend any such meeting, a representative shall be designated to attend
by the City Administrator.
(g)
Clerical staff. The ways and means committee shall be provided with
a clerical staff person by the City administration, who is not a voting
member of the committee. It shall be the duty of this staff to take
minutes of the proceedings of the committee. A set of minutes of the
ways and means committee meetings shall be made public in accordance
with applicable state law.
[Ord. No. 10, § 8, 8-23-1949; Code 1965, § 3.08; Ord. No. 38, §§ 1 — 3, 5-11-1950; Ord. No. 3081, § 1, 9-13-1988; Ord. No. 3126, § 1, 9-12-1989; Ord. No. 4653, § 1, 4-26-2016]
(a)
Introduction; numbering. Bills may be introduced by any member of
the Board of Aldermen and shall be numbered by the City Clerk in numerical
order, starting over with No. 1 after each general or annual election.
Ordinances shall be numbered consecutively and in numerical order
when approved or passed over the Mayor's veto.
(b)
Reading bills. All bills shall be read, by title or in full, two
times before passage. Each bill may be read by title only, provided
that copies of the proposed ordinance are made available for public
inspection prior to the time the bill is under consideration by the
Board of Aldermen pursuant to Subsection 3.10(f) of the Charter and
have been posted on the City website and/or outside the Board of Aldermen
chambers. A bill shall be read in full if so directed upon the affirmative
vote of a majority of the members present. A bill may be read the
first time by the alderman introducing it, or by the clerk at the
request of either the Mayor or the alderman introducing it, and provided
the introduction of bills is then in order, without a vote of the
members.
(c)
Consent agenda. Minutes, bills, resolutions, proclamations and other business items may be placed on a consent agenda for consideration of multiple items at once. Ordinances on the consent agenda must still be considered in accordance with the other subsections in this § 2-29 of the Municipal Code. Any single member of the Board of Aldermen may request an item be moved off the consent agenda and on to the regular meeting agenda. An item must be moved off the consent agenda to the regular agenda by an alderman before the following motions are in order with respect to an item: lay on the table; commit or refer to a committee; postpone to a certain time; postpone indefinitely; amend; previous question; and object to consideration of a question. The City Clerk may be instructed by the Mayor with the approval of all of the members to read the titles of all items on the consent agenda two times consecutively. Following completion of the clerk's second reading of the titles on the consent agenda, the items on the consent agenda shall be voted on by the Board of Aldermen for final passage.
(d)
Second reading; final passage. No bill shall be given a second reading
at the same meeting at which it is introduced, without approval of
a motion for such reading by a favorable vote of all of the members
present. After a bill has been read a second time, it may be acted
upon for final passage at that meeting or at any subsequent meeting.
(e)
Action by the Mayor. When a bill is passed by the Board of Aldermen
with the required vote for passage, it shall be signed by the Mayor
or responded to in accordance with Subsection 4.4(b) of the Charter
and show the date of passage, and the Mayor's signature shall be attested
by the City Clerk and seal affixed.
No ordinance appropriating money shall be passed unless there
are funds currently budgeted sufficient to cover the appropriation
or, if unbudgeted, there are unappropriated funds available as certified
by the treasurer.
[Ord. No. 43, §§ 1
— 5, 6-27-1950; Ord. No. 138, § 1, 5-19-1953; Code 1965, § 4.25]
(a)
Method. Unless otherwise specifically provided in this Code, any
person may appeal to the Board of Aldermen from any ruling or decision
of any officer, board, bureau, department, division or other agency
of the City as provided in this section.
(b)
Request for hearing. A written request for a hearing before the Board
shall be filed with the City Clerk/Collector within 30 days from the
date of the ruling or decision complained of, unless further time
is granted by order of the Board of Aldermen.
(c)
Hearing. The Board of Aldermen shall hear the entire matter in a
summary manner and may affirm, overrule or modify the ruling or decision
complained of to conform to law and the ordinances of the City and
in the interests of justice to the parties concerned.
(d)
Exception. This section shall not apply to decisions or judgments
and rulings of the municipal judge.
[Ord. No. 4668, § 6, 6-28-2016]
(a)
Duties of presiding officer. The Mayor or, in the absence of the
Mayor, the president of the Board of Aldermen, shall be the presiding
officer and shall:
(1)
Preserve strict order and decorum at all regular and special meetings
of the Board of Aldermen and enforce the rules set forth in this section;
(2)
State every question coming before the Board;
(3)
Announce the decision of the Board on all subjects and decide all
questions of order, subject, however, to an appeal to the Board, in
which event a majority vote of the Board shall govern and conclusively
determine the question of order. The City Attorney shall serve as
parliamentarian and may provide advisory opinions on questions of
order and procedure (and shall do so upon request of the presiding
officer or any member of the Board of Aldermen, or upon the City Attorney's
opinion that a provision of the Charter is not being adhered to).
(4)
The presiding officer may not close debate or call for a vote on
either a motion for a first reading or second reading on a matter
so long as any member or the City Administrator who has not exhausted
his/her right to debate (or had his/her right to debate extended by
way of a majority vote pursuant to subsection (d)(1) of this section)
desires the floor, unless debate be closed by a two-thirds vote of
the Board of Aldermen by way of motion for the previous question or
similar motion. Upon the conclusion of debate, absent other procedural
motions, the presiding officer shall put the matter to a vote.
(5)
When the reading of a proposed ordinance is the next item of business
at a meeting, the presiding officer shall indicate that discussion
may commence absent any objection. Objections to consideration or
discussion of agenda items shall be presented by procedural motion.
Absent a procedural objection, discussion of the item shall be in
order.
(b)
Call to order. The presiding officer shall take the chair at the
hour appointed for the meetings of the Board of Aldermen and shall
call the Board to order. In the absence of the presiding officer,
the City Clerk shall call the Board to order, whereupon a temporary
chairman shall be selected by the members of the Board present who
shall have the duties and enforce the rules set forth in this section.
Upon the arrival of the presiding officer, the temporary chairman
shall immediately relinquish the chair upon the conclusion of the
business immediately before the Board.
(c)
Robert's Rules of Order adopted. In the absence of a conflicting
Charter or Code provision, Robert's Rules of Order, Newly Revised
(12th Edition) is adopted and shall govern all meetings of the Board
of Aldermen.
[Ord. No. 5188, 9-28-2021]
(d)
Rules of debate and procedure. In addition (or in contravention such
as the case may be) to the rules of debate contained in Robert's Rules
of Order, the following rules of debate shall apply:
(1)
Obtaining the floor. Every member or City Administrator desiring
to speak at a meeting of the Board of Aldermen shall indicate as such
using the button and light system provided, and, upon recognition
by the presiding officer, shall confine himself/herself to the question
under debate, avoiding all personalities and indecorous language.
The presiding officer shall recognize the members or City Administrator
in the order that they have indicated that they wished to be recognized
as best as he or she is able; however, on matters placed on the agenda
at the City Administrator's request, the City Administrator shall
be given the first opportunity to speak concerning the matter. No
member shall be recognized to speak a second time on the same subject
until every other member shall have had an opportunity to be heard.
Questions asked of the City Administrator and his/her responses thereto
shall not count against this limit. No member or City Administrator
shall be recognized to speak more than two times on the same subject,
or for longer than 10 minutes at one time, without approval of the
majority of the Board of Aldermen. Questions asked of the City Administrator
and his/her responses thereto shall not count against these limits.
(2)
Interruptions. A member of the Board of Aldermen or City Administrator,
once recognized, shall not be interrupted when speaking unless it
be to call the member or City Administrator to order or as otherwise
allowed by these or Robert's Rules of Order. If a member or City Administrator
while speaking is called to order, the member or City Administrator
shall cease speaking until the question of order is determined and,
if in order, the member or City Administrator shall be permitted to
proceed.
(3)
Motion to reconsider. A motion to reconsider is in order at any time
during the same meeting or at any regular meeting held thereafter,
but not otherwise except as provided for herein (absent two-thirds
of the members consenting). A motion for reconsideration being once
made, and voted upon, shall not be renewed, nor shall the vote to
reconsider be reconsidered. A motion to reconsider shall require the
affirmative vote of a majority of all the members of the Board for
its adoption. Such a motion can only be made by a member who voted
with the prevailing side on the original motion. Motions that are
made and disposed of without being adopted may not be made again (or
renewed) presenting substantially the same question until six months
have passed or the composition of the Board of Aldermen has changed
(absent two-thirds of the members consenting). Matters that are presented
again to the Board of Aldermen more than six months after the Board's
initial rejection of such matter, or after the composition of the
Board of Aldermen has changed, are considered to be a new matter and
thus not restricted by the limitations on reconsideration or renewal
of motions. No vote or action of the Board of Aldermen shall be reconsidered
at any special meeting unless there be present at such meeting as
many members of the Board as were present when such vote or action
was taken.
(4)
Withdrawal of motions. A proposer may withdraw his/her own motion
at any time prior to a final vote upon being recognized by the presiding
officer.
(5)
Suspending the rules. Unless prohibited by the Charter, these or
Robert's Rules of Order may be suspended by a two-thirds vote of the
Board of Aldermen.
(e)
Addressing the Board and public comment. A time for public comment
on general matters and proposed ordinances shall be allowed and provided
for on the agenda at all public meetings of the Board of Aldermen
in accordance with Subsections 3.10(a) and 3.10(f) of the Charter.
The time for public comment shall be prior to old business and new
business as set forth in the order of business herein, or as otherwise
provided for by two-thirds vote of the Board of Aldermen. During a
regular meeting of the Board of Aldermen, any person desiring to address
the Board shall first secure the permission of the presiding officer
to do so. Public comments shall be limited to remarks concerning items
on the agenda, proposed ordinances, and/or concerning any matter of
the City's business, relating to the City, or any matter over which
the Board has control. Each person addressing the Board of Aldermen
shall give his/her name and home address or place of business in an
audible tone of voice for the record and, unless further time is granted
by motion approved by the majority of the Board of Aldermen, shall
limit his/her address to five minutes. Members of the Board of Aldermen
with questions for the speaker may request an answer to such questions
or another person in the audience duly recognized by the presiding
officer may request the presiding officer, in the presiding officer's
discretion, to inquire of the speaker on his or her behalf (in which
case the five minute time limit shall be suspended during the duration
of any such request). Irrelevant, disruptive, or abusive remarks from
the public may be closed off at any time by the presiding officer.
All remarks shall be addressed to the Board as a body and not to any
member thereof. No person, other than the Board and the person having
the floor, shall be permitted to enter into any discussion, either
directly or through a member of the Board, without the permission
of the presiding officer. Questions may be asked of the Mayor and
City Administrator. No question shall be asked of an alderman, the
City Attorney, or any City employee other than the City Administrator
except through the presiding officer. No public comments shall be
entertained after the time for public comments on the agenda unless
authorized by a majority vote of the Board of Aldermen. The time limit
on individuals and on the entire public comment period shall not apply
to public hearings. Time limits in all public hearings shall be determined
by the presiding officer, consistent with law.
[Ord. No. 5188, 9-28-2021]
(f)
Decorum.
(1)
By Board members and City Administrator. While the Board of Aldermen
is in session, its members and City Administrator must preserve order
and decorum and a member or City Administrator shall neither, by conversation
or otherwise, delay or interrupt the proceeding or the peace of the
Board, nor disturb any member while speaking or refuse to obey the
orders of the presiding officer, except as otherwise provided in these
or Robert's Rules of Order. Aldermen shall confine themselves to the
question under discussion.
(2)
By persons. Any person who, after a warning from the presiding officer,
continues to make impertinent, threatening, or slanderous remarks
or who shall become disruptive while addressing the Board of Aldermen
shall be forthwith, by or at the instruction of the presiding officer,
removed from the meeting and/or barred from further addressing the
Board, unless permission to continue be granted by a two-thirds vote
of the Board. It shall be unlawful and shall constitute a disturbance
of the peace for any person to intentionally disrupt or disturb any
meeting of the Board of Aldermen or of any board or committee of the
City of Crestwood. Any person violating the provision of this section
shall be fined not less than $25 nor more than $500 for each offense.
(g)
Sergeant-at-arms. The Chief of Police or the highest ranking police
officer present shall serve as sergeant-at-arms at the meetings of
the Board of Aldermen and such other meetings of the City's boards
and commissions as determined necessary by the City Administrator.
The sergeant-at-arms shall carry out all lawful orders and instructions
given by the presiding officer (or other chairman of the board or
committee meeting) or City Administrator for the purpose of maintaining
order and peaceably conducting the business of the meeting.
(h)
Order of business. The order of business, unless good cause exists
for deviation, shall be as follows:
[Amended 10-9-2018 by Ord. No. 4910]
(1)
Call to order and Pledge of Allegiance;
(2)
Roll call;
(3)
Presentations, communications and appointments;
(4)
Public hearings;
(5)
Public comment;
(6)
Mayor, Board of Aldermen, and City Administrator reports and/or comments;
(7)
Unfinished business;
(8)
Approval of consent agenda;
(9)
Consent agenda;
(10)
Items removed from consent agenda;
(11)
New business;
(12)
Introduction of bills or future issues;
(13)
Adjournment.
[Added 3-26-2020 by Ord.
No. 5043]
The Mayor shall have the power to issue proclamations, including
proclamations related to emergencies or planning for or responding
to disasters, at or outside of Board of Aldermen meetings. All proclamations
that have been issued outside of a Board of Aldermen meeting, and
all proclamations that have been proposed for consideration at a Board
of Aldermen meeting shall be included on the next Board of Aldermen
meeting agenda under the "Presentations, communications and appointments"
or the "Consent Agenda" portion of the agenda. The Board of Aldermen
may rescind any issued proclamation or reject any proposed proclamation
by a vote of 2/3 of the entire authorized membership of the Board
of Aldermen.
[Added 7-26-2022 by Ord. No. 5279]
(a)
Notwithstanding any provision of Chapter 26 of this Code to the contrary, if a matter subject to review by the Planning, Zoning, and Architectural Review Commission has been presented to the Commission at a public meeting, and a motion has been adopted by the Commission to table such matter or postpone consideration thereof, the Board of Aldermen may, at a regular or special meeting, by motion approved by a two-thirds of the members of the Board who are present, declare and resolve that the matter has been adequately considered by the Commission and that consideration thereof shall be commenced by the Board of Aldermen. If the matter is one which the Commission is required by statute or ordinance to make a recommendation thereon, the Commission's recommendation shall be deemed to be for disapproval. The Board of Aldermen may thereafter consider such matter, as though fully evaluated by the Commission, after notice to the public as may be required by Chapter 610, RSMo., and Chapter 89, RSMo., if applicable, and Chapter 26 of this Code for the Board's consideration of such matter.
(b)
This
Section shall not apply to matters which have been tabled or postponed
with the applicant's affirmative consent.
(c)
The power
granted to the Board of Aldermen under this Section shall apply only
to applications or matters submitted by an Owner, as defined in Sec.
26-8(A)(3)(a) of this Code, and this Section is expressly inapplicable
to applications or matters submitted for the Commission's review by
the City, or any of its boards, commissions, departments, staff, or
agents.
