[Ord. No. 3242, 7-26-2021]
The following officers shall be elected by the qualified voters of the City and shall hold office for the term as specified in Section
105.020 of this Code, except as otherwise provided in this Code, and until their successors are elected and qualified, to wit: Mayor and City Council.
[R.O. 1993 § 115.020; R.O. 1932 §§ 38,56;
CC 1969 § 2-35]
A. The Mayor, with the consent and approval of a majority of the members
elected to the City Council, shall appoint a City Treasurer and such
other non-elective Officers as may be provided by this Code and whose
appointment is not otherwise specified, each of whom shall hold his
office until his successor is appointed and qualified.
B. All appointments by the Mayor shall be submitted to the City Council,
and when approved by it the certificate of the City Clerk of any appointment
so made shall be conclusive as to the ratification thereof by the
City Council, and the person so appointed shall be entitled to compensation
from the day on which he enters upon the discharge of his duties.
[R.O. 1993 § 115.030; Ord. No.
2425 § 1, 12-28-1987; Ord. No. 2579 § 1, 3-27-1995]
The Mayor shall notify in writing to the City Council the names
for recommendation for any appointed offices within fifteen (15) days
before appointment shall be voted thereon by the City Council.
[R.O. 1993 § 115.040; Ord. No.
2524 § 1, 12-28-1992; Ord. No. 3265, 12-19-2022]
All Officers elected or appointed to offices under the City
Government shall be voters under the laws and constitution of this
State. All appointed officers, and employees having only ministerial
duties, must reside within twenty-five (25) miles of the City limits
of the City of Malden. 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.
A. Every
officer of the City and his/her assistants, and every Councilman,
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
in office; which official oath or affirmation shall be filed with
the City Clerk. Every officer of the corporation, when required by
law or ordinance, shall, within fifteen (15) days after his/her election
or appointment, 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 shall be designated by ordinance, conditioned for 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 for the use
of such person.
B. Official
bonds, except those of the City Clerk and City Treasurer, shall be
filed with the City Clerk. Bonds of the City Clerk and City Treasurer
shall be held by the Mayor.
[R.O. 1993 § 115.070; CC 1969 § 2-39; Ord. No. 2506 § 2-39, 8-12-1991]
The Council shall have power to fix the compensation of all
officers and employees of the City.
The Mayor may, with the consent of a majority of all the members
elected to the City Council, 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 Council, sitting
as a court of impeachment. Any elective officer may, in like manner,
for cause shown, be removed from office by a two-thirds (2/3) vote
of all the members elected to the City Council, independently of the
Mayor's approval or recommendation. The Mayor may, with the consent
of a majority of all the members elected to the Council, remove from
office any appointive officer of the City at will; and any such appointive
officer may be so removed by a two-thirds (2/3) vote of all the members
elected to the Council, independently of the Mayor's approval or recommendation.
The Council may pass ordinances regulating the manner of impeachment
and removals.
If a vacancy occurs in any elective office other than the office
of Mayor, 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 Council. The Council may adopt procedures to fill vacancies
consistent with this Section. The successor shall serve until the
next regular April election. If a vacancy occurs in any office not
elective, the Mayor shall appoint a suitable person to discharge the
duties of the same until the first regular meeting of the Council
thereafter, at which time the 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; and bonds may be required of any
such officers for faithfulness in office.
[R.O. 1993 § 115.080; R.O. 1932 § 56;
CC 1969 § 2-40]
It shall be the duty of the Mayor to carefully examine the official
bonds of all of the Officers, prior to submittal thereof to the City
Council for approval, and when satisfied that the security of any
bond is sufficient, and that the bond is properly and legally executed,
he shall, by authority of City Council, endorse his approval thereon
in writing. He shall, from time to time, inquire into and examine
the sureties of any bond, and if he has reason to believe that the
sureties on any bond of any Officer have become impaired, he shall
notify such Officer to give an additional bond or sureties without
delay; and, thereupon, if such Officer shall neglect or refuse to
give such additional surety within the period of ten (10) days after
such notice shall have been served upon him, in writing, he may, with
the advice and consent of the City Council, remove such Officer from
office.
[R.O. 1993 § 115.100]
If any person appointed or elected to office other than the
City Sexton, City Attorney or appointed Police Officers shall remove
his residence from the City, his office shall thereby be deemed to
have become vacant.
[R.O. 1993 § 115.120; R.O. 1932 § 44;
CC 1969 § 2-44]
Every Officer shall, on going out of office, deliver to his
successor all books, papers, furniture, supplies, equipment and other
property appertaining to his/her office.
[R.O. 1993 § 115.130; CC 1969 § 2-117; Ord. No. 2395 § 1, 11-18-1986]
It shall be the obligation of the City to defend and save harmless
any Officer or employee of the City on any claim, cause of action,
law suit, judgment or litigation of a civil nature of third parties
against such Officer or employee arising out of the acts, failures
or omissions of such Officer or employee occurring in the course of
his governmental capacity or employment, if such Officer or employee
was acting in good faith at such time, without willful, malicious
or felonious intent, and in the event such acts, failures or omissions
are not covered by insurance carried by the City.