The elective officers of the City and their terms shall be those set out in Section 105.020 of this Code.
[R.O. 2011 § 110.020; R.O. 2010 § 110.020; CC 1975 § 113.05; 2nd Ser. Ord. No. 125 § 2, 12-1-1980; Ord. No. 937 § 1, 12-4-2006]
The following officers shall be appointed by the Mayor of the City of Owensville, by and with the consent and approval of the majority of the members of the Board of Aldermen and shall hold their respective offices until their successors are appointed and qualified, unless sooner removed from said office as hereinafter provided, to wit: City Attorney, City Collector, Code Enforcement Officer, and such other officers as he/she may be authorized to appoint. If deemed for the best interest of the City, the Mayor and Board of Aldermen may by ordinance employ special counsel to represent the City, either in the case of a vacancy in the office of City Attorney or to assist the City Attorney, and pay reasonable compensation therefor. All appointments of officers authorized by this Section shall be made at the first meeting of the Board of Aldermen after the City election in April of each year in which the Mayor is elected or as soon thereafter as possible.
A. 
The Mayor may, with the consent of a majority of all the members elected to the Board of Aldermen, 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 Board of Aldermen sitting as a Board of Impeachment. Any elective officer, including the Mayor, may in like manner, for cause shown, be removed from office by a two-thirds vote of all members elected to the Board of Aldermen, independently of the Mayor's approval or recommendation. The Mayor may, with the consent of a majority of all the members elected to the Board of Aldermen, remove from office any appointive officer of the City at will, and any such appointive officer may be so removed by a two-thirds vote of all the members elected to the Board of Aldermen, independently of the Mayor's approval or recommendation. The Board of Aldermen may pass ordinances regulating the manner of impeachments and removals.
B. 
Nothing in this Section shall be construed to authorize the Mayor, with the consent of the majority of all the members elected to the Board of Aldermen, or the Board of Aldermen by a two-thirds vote of all its members, to remove or discharge any chief, as that term is defined in Section 106.273, RSMo.
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.
[R.O. 2011 § 110.050; R.O. 2010 § 110.050; CC 1970 C5 A2 § 2; CC 1975 § 113.17]
A. 
The following officers shall be bonded: Mayor, City Administrator, City Clerk, Deputy City Clerk, Utilities Cashier, Utilities Billing Clerk, Collector, and Payroll Clerk.
B. 
Bond amounts for the above officers shall be as follows:
1. 
Mayor: seventy-five thousand dollars ($75,000.00).
2. 
City Administrator: seventy-five thousand dollars ($75,000.00).
3. 
City Clerk: seventy-five thousand dollars ($75,000.00).
4. 
Deputy City Clerk: seventy-five thousand dollars ($75,000.00).
5. 
Utilities Cashier: seventy-five thousand dollars ($75,000.00).
6. 
Utilities Billing Clerk: fifty thousand dollars ($50,000.00).
7. 
Collector: fifty thousand dollars ($50,000.00).
8. 
Payroll Clerk: fifty thousand dollars ($50,000.00).
9. 
All other bonded officials: fifty thousand dollars ($50,000.00).
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.
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.
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.
[R.O. 2011 § 110.085; R.O. 2010 § 110.085; Ord. No. 587 §§ 1 — 3, 2-2-1998]
A. 
The City shall, in accordance with this Section, indemnify any person who is made a party or is threatened to be made a party to any proceeding, whether civil, criminal, administrative or investigative, including an action by or on behalf of the City, related to their performance of duties as an elected or appointed official, officer, employee or agent of the City, or their performance of duties at the nomination of the City as an official, officer, employee or agent of another public entity or other enterprise. Such indemnification shall cover all expenses, including attorneys' fees, judgments, fines and amounts paid in settlement, actually and reasonably incurred by such person in connection with such proceeding, but other than as to any applicable deductible, only after exhaustion of available insurance.
B. 
To be eligible for indemnification under this Section, a person must have acted in good faith and in a manner he or she reasonably believed to be in the best interests of the City, and, with respect to any criminal action or proceeding, the person must have had no reasonable cause to believe his or her conduct was unlawful. Further, the person must have provided prompt written notice to the City Administrator and City Attorney of the underlying claim(s), so as not to have prejudiced the interests of the City by any delay.
C. 
The City shall not, pursuant to this Section, indemnify a person regarding any claim as to which such person shall have been adjudged to be liable for negligence or misconduct in the performance of his or her duties to the City except to the extent that the authority before which the claim was brought determines that despite the adjudication of liability and in view of all the circumstances of the case and the provisions of this Section, the person is fairly and reasonably entitled to indemnity for some or all of such expenses.
D. 
The City shall not, pursuant to this Section, indemnify any person from or on account of conduct finally adjudged to have been malfeasance, fraud, deliberate dishonesty or willful misconduct. The City also shall not, pursuant to this Section indemnify any person for punitive or exemplary damages.
E. 
Except as otherwise determined by an authority pursuant to Subsection (C) of this Section, the City shall not indemnify any person under this Section if a determination is made that indemnification of that person would be contrary to the purposes of the applicable standards of conduct set forth in this Chapter. Any such determination that the City will not indemnify the person shall be made by the Board of Aldermen by resolution, or if a quorum is not obtainable due to conflict of interest or the Board of Aldermen so directs, by the City Attorney or special legal counsel in a written opinion.
F. 
Pursuant to this Section, the City shall pay expenses reasonably incurred by a person who may be eligible for indemnification hereunder, in defense of a civil or criminal action proceeding in advance of the final disposition of the proceeding as follows:
1. 
If there is no applicable insurance coverage, or if applicable insurance coverage is only potentially available by reimbursement upon conclusion of the proceeding, then up to the first ten thousand dollars ($10,000.00) shall be paid by the City and any additional amounts shall only be paid as directed by the Board of Aldermen by resolution.
2. 
If there is applicable insurance coverage such that payment from the insurer will be made in advance of the conclusion of the proceeding, then payments up to the amount of any deductible shall be made by the City and any additional amounts shall only be paid as directed by the Board of Aldermen by resolution.
3. 
In a resolution authorizing such additional payments in advance of final disposition, the Board of Aldermen shall require the elected or appointed official, officer, employee or agent to provide a written promise to repay such amounts upon demand from the Board of Aldermen acting by resolution, with reasonable and adequate security under the circumstances presented, provided that such promise shall be released if it shall ultimately be determined that the person is entitled to be indemnified by the City pursuant to this Section.
4. 
All funds paid by the City shall be repaid on demand from the Board of Aldermen acting by resolution by the elected or appointed official, officer, employee or agent if it shall ultimately be determined that the person is not entitled to be indemnified by the City as authorized in this Section.
G. 
Indemnification and defense funds provided pursuant to this Section shall not be deemed exclusive of any other rights or available remedies under any other provision of law or any agreement, or vote of the Board of Aldermen.
H. 
Indemnification and payment of defense funds pursuant to this Section shall continue and/or apply after a person has ceased to be an elected or appointed official, officer, employee or agent of the City, and rights hereunder shall inure to the benefit of the heirs, executors and administrators of such a person, but shall not otherwise be assignable or subject to claims of third parties. The City does not waive any immunity or defense as to third party claims.
I. 
The City may purchase and maintain insurance on behalf of any person for serving as an elected or appointed official, officer, employee or agent of the City, or for serving at the nomination of the City as an official, officer, employee or agent of another public entity or other enterprise, against any liability arising out of such status.
J. 
In order to be eligible for indemnification under this Section, a person must reasonably defend against the claim(s), accept and cooperate with any defense counsel assigned by the City, and cooperate with any insurance carriers and defense counsel assigned thereby as necessary to preserve any applicable coverage, and must assign to the City any insurance or other benefits otherwise receivable by him or her that would be duplicative of payments made hereunder.
K. 
For purposes of this Section, the term "other enterprise" shall include employee benefit plans; the term "fines" shall include any excise taxes assessed on a person with respect to an employee benefit plan; and the term "service at the nomination of the City" shall include any service as an official, officer, employee or agent which imposes duties on, or involves services by, such person with respect to an employee benefit plan of the City, its participants, or beneficiaries; and a person who acted in good faith and in a manner he or she reasonably believed to be in the interest of the participants and beneficiaries of an employee benefit plan shall be deemed to have acted in a manner "in the best interests of the City" as referred to in this Section.
L. 
This Section does not and shall not be construed to waive any immunity or defense that may be available to any current or former elected or appointed official, officer, employee or agent of the City.