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City of Moscow Mills, MO
Lincoln County
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Table of Contents
Table of Contents
The Mayor may, with the consent of a majority of all members of the Board of Aldermen, remove from office any appointed officer at will, and any such appointed officer may be removed by a two-thirds vote of all members of the Board of Aldermen, independently of the Mayor's approval or recommendation.
The Mayor may, with the consent of a majority of all members elected to the Board of Aldermen, remove from office for cause shown, any elective officer of the City, such officer first being given an opportunity, together with his 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.
Such charge against elective officers shall be made in writing, and shall be preferred only by the Mayor or some member of the Board of Aldermen. If the board shall deem it expedient to take action upon the charges preferred, they shall make an order suspending the officer so charged from further exercising the function of his office, such charges and order shall be filed with the City Clerk, who shall forthwith make a copy thereof and deliver the same together with the original charge and order to the Chief of Police or assistant Chief of Police, who shall at once serve such copies on the accused, by delivering the same to him or by leaving them at his usual place of abode, and shall return the original charge and order to the City Clerk, with his return in writing of the time, place and manner of such service endorsed thereon, and the officer so charged shall be suspended from office from and after such service, until duly acquitted of such charges or otherwise ordered by the Board of Aldermen. In case of suspension of the Mayor, as herein provided, the president of the Board of Aldermen shall be vested with the powers and duties of the Mayor until the disability of said Mayor be removed.
Immediately upon the suspension of any elective officer, the Board of Aldermen shall fix a time for hearing the cause and the Chief of Police or assistant Chief of Police shall serve the officer so charged with a written notice of the time and place of hearing such charges, in the usual manner of serving summons as provided for by the Statutes of the State of Missouri. On the day set for the hearing of the case, the Board of Aldermen shall meet and proceed according to such rules as they may adopt, to hear the evidence against and in favor of the accused, and they may adjourn from time to time, as may be necessary, until all the evidence shall have been taken. The board shall vote by "ayes" and "nays" upon the charges separately, and the question voted on shall be, "Is the accused guilty?". If the board, by a majority vote of all the members elected, find the accused guilty of any charge or specification, such officer may, by resolution be removed from office. Upon the adoption of such resolution, the office of the accused shall be vacant. The proceedings of the board shall be entered at large upon the records of the City.
Subpoenas for witnesses may be issued by the Mayor or the person acting as Mayor, and shall be served by the Chief of Police or assistant Chief of Police and the Board of Aldermen shall have the power to compel the attendance of witnesses and to compel witnesses to testify, and depositions may be taken and read in the same manner as in courts.
At the trial the accused shall be entitled to be heard in person and by attorney, and the City Attorney or the person acting as such shall attend the trial and prosecute on behalf of the City.