A.
No
person shall be a Trustee who has not attained the age of twenty-one
(21) years; who is not a citizen of the United States; who is not
an inhabitant of the Village at the time of his/her election, and
has not resided therein for one (1) whole year next preceding the
time of his/her election.
B.
No
person shall be a Trustee who is indebted to the Village for any sum
certain at the time of filing for office.
[R.O. 2013 § 110.010; R.O. 2012 § 110.010;
CC 187 § 121.040; Ord. No. 548 Art. I, 12-6-1990; Ord. No.
575 Art. I, 12-3-1992]
Every Trustee, before entering upon the duties of his/her office,
shall take the oath prescribed by the Constitution of this State,
and that he/she will faithfully demean himself/herself in office.
Every Board of Trustees shall assemble within twenty (20) days after
its appointment or election, and choose a Chairperson of its number,
and some other person as Clerk. The Chairperson may vote on any proposition
before the Board. The Board of Trustees, by law or ordinance, shall
fix the time and place of holding its stated meetings, and may be
convened by the Chairperson at any time.
A.
Meetings
of the Board of Trustees of the Village of Hanley Hills shall be held
at the Village Hall located at 7713 Utica Drive, Hanley Hills, Missouri.
Regular meetings of the Board of Trustees shall be held on the third
of each month at 6:30 P.M.; provided, however, that a regular meeting
may be rescheduled by the Chairperson in a given instance if holidays,
weather or a conflict with other events of concern to the Village
necessitate.
B.
Special
meetings of the Board of Trustees of the Village of Hanley Hills may
be called by any three (3) members of the Board by requesting such
special meeting with the Village Clerk, who shall thereupon prepare
a notice of such special meeting. Special meetings may also be called
by the Chairperson of the Board in the same manner. The notice of
such special meeting shall state the date and hour of the meeting
and the purpose for which the meeting is called, and no business shall
be transacted thereat, except such as is stated in the notice. Said
notice of the time and object of the special meeting shall be given
to each member of the Board by the Village Clerk causing such notice
to be delivered at the usual place of abode of said members twenty-four
(24) hours before the stated special meeting. Such notice shall also
be posted within the Village Hall in a manner visible to the general
public and shall be made available to any representative of the news
media who requests notice of meetings of the Board of Trustees twenty-four
(24) hours before said special meeting. By unanimous consent, a special
meeting may be held at any time; provided, however, that when twenty-four
(24) hours' notice cannot be given or when the time or place is not
convenient or accessible to the public, the nature of the good cause
justifying that departure from the normal requirements shall be stated
in the minutes.
C.
Emergency Special Meeting. The Chairperson or any two (2) members
of the Board of Trustees may call an emergency special meeting of
the Board of Trustees at any reasonable time; provided, that 1) written
notice is given to six (6) members of the Board of Trustees stating
the purpose, date and time of such emergency special meeting at least
two (2) hours before such meeting, or 2) verbal notices are given
at a regular meeting of the Board of Trustees stating the purpose,
date and time of the emergency special meeting.
[R.O. 2013 § 110.030(C); R.O. 2012 § 110.030; Ord. No. 552 Arts. III – IV, 3-7-1991; Ord. No. 632 Art. I, 2-19-1998; Ord. No. 911 Art. 1, 1-20-2005]
D.
Any member of the Board of Trustees may waive, in writing any notice
required herein; provided, said member attends said meeting. All public
notices shall be in accordance with State law.
[R.O. 2013 § 110.030(D); R.O. 2012 § 110.030; Ord. No. 552 Arts. III – IV, 3-7-1991; Ord. No. 632 Art. I, 2-19-1998; Ord. No. 911 Art. 1, 1-20-2005]
At all meetings of the Board, a majority of the Trustees shall
constitute a quorum to do business; a smaller number may adjourn from
day to day, and may compel the attendance of absent members in such
manner and under such penalties as the Board of Trustees previously,
by ordinance, may have prescribed.
A.
Members
of the Board of Trustees shall be required to attend all stated and
special meetings of the Board, unless leave of absence is granted
by the Board, or unless excused by the Chairperson for illness or
other special reason.
B.
Upon
the absence for more than a total of three (3) meetings during any
three-month period, the Board may, by a vote of the majority, withhold
any Trustee's compensation for absences.
[R.O. 2013 § 110.050; R.O. 2012 § 110.050;
CC 1987 § 24.020]
At the hour appointed, the Chairperson, or in his/her absence
any Trustee, shall call the Board to order, the Clerk shall call the
roll of members and announce whether or not a quorum is present.
A.
The
Board of Trustees, upon the announcement of a quorum, shall proceed
to transact the business before it in the following order:
1.
Reading of the minutes of the last meeting or meetings unless temporarily
waived, and approval of the same as read unless changed or objection
by a member, in which event they shall be approved as corrected.
2.
The presentation of complaints and petitions by inhabitants of the
Village.
3.
The reports of officers and committees.
4.
Unfinished business.
5.
New business.
6.
The audit of all bills and claims against the Village and ordering
of payment of bills approved and allowed.
7.
Miscellaneous business.
8.
The presentation of comments and suggestions by inhabitants of the
Village.
9.
Adjournment.
All committees shall be appointed by the Chairperson unless,
on motion, the Board shall elect to appoint any such committee.
Robert's Rules of Order shall govern the proceedings of the
Board, except when otherwise provided by ordinance, and any question
arising thereunder shall be decided by the Chairperson subject to
appeal to the Board of Trustees by any member.
[R.O. 2013 § 110.095; R.O. 2012 § 110.095; Ord. No. 654, 9-16-1999]
A.
The following rules of procedure shall govern the conduct of all
meetings of the Village Board of Trustees, although these rules, other
than those prescribed by Statute, may be suspended at any time by
the consent of a majority of the Trustees present at any meeting.
1.
Rule 1. The Chairperson shall decide all questions of order
and preside over the Board meeting. An agenda should be passed out
prior to the meeting. Trustees shall limit discussion to agenda items
only. However, a Trustee can ask to amend the agenda and can do so
with a simple majority vote.
2.
Rule 2. A member of the Board of Trustees discussing a question
shall address the Chairperson and no member of the Board has the floor
until recognized by the Chairperson.
3.
Rule 3. A roll call vote of "yeas" and "nays" shall be taken
and recorded on the journal of proceedings for all ordinances or propositions
which create any liability against or obligation on the part of the
Village or for the expenditure or appropriation of its money, and
in all other instances where request therefore is made by any member
of the Board.
4.
Rule 4. All motions and amendments shall be reduced to writing
at the request of the Chairperson or any Trustee and shall be handed
to the Village Clerk, who shall read the same to the Board of Trustees.
5.
Rule 5. No vote or action of the Board of Trustees shall be
rescinded 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.
6.
Rule 6. All meetings of the Board shall be open to the public,
except as to portions of such meetings from which the Board may, by
majority vote of the Trustees present and voting, exclude the public
as permitted under the Sunshine Act, as amended.[1] (See Chapter 120, Open Meetings and Records Policy, hereof.)
7.
Rule 7. Any person in attendance at an executive session is
honor-bound not to violate the confidentiality of the discussion taking
place during the session, except as to any portions thereof which
may clearly transgress the Sunshine Act.
8.
Rule 8. The general public shall be afforded an opportunity
to address the Board during the portion of the order of business set
aside for communications and petitions. Any person desiring to address
the Board shall be required to identify himself/herself, stating his/her
home address or place of business, and to address his/her remarks
to the Chairperson. The general public shall also fill out a comment
card that is to be submitted to the Chairperson prior to the meeting.
Trustees desiring further information or comment from the speaker
or from any other person in the audience should request the same through
the Chairperson. Protracted, repetitive, irrelevant or abuse remarks
from the public may be closed off at any time by direction of the
Chairperson.
9.
Rule 9. Audio or video taping or recording of any meeting of
the Board of Trustees shall be permitted. However, anyone wanting
to do so shall request permission, in writing, forty-eight (48) hours
in advance, so that a specific location can be granted. Nonetheless,
a majority vote of the members present and voting at any particular
meeting may prohibit, on that occasion only, the recording, either
by way of audio or video recording or both, of the Board meeting.
The Board of Trustees shall keep a journal of its proceedings
and, at the desire of any member, shall cause the "yeas" and "nays"
to be taken and entered on the journal on any question, resolution
or ordinance. The Board's proceedings shall be public.
The style of ordinances of the Village of Hanley Hills shall
be: "Be it ordained by the Board of Trustees of the Village of Hanley
Hills, as follows: . . . ." No ordinance shall be passed except by
bill, and no bill shall become an ordinance unless on its passage
a majority of all the members of the Board of Trustees vote therefor,
and the "yeas" and "nays" be entered upon the journal. Every proposed
ordinance shall be introduced to the Board of Trustees in writing
and shall be read by title or in full two (2) times prior to passage;
both readings may occur at a single meeting of the Board of Trustees.
If the proposed ordinance is read by title only, copies of the proposed
ordinance shall be made available for public inspection prior to the
time the bill is under consideration by the Board of Trustees. All
ordinances shall be in full force and effect from and after their
passage after being duly signed by the Chairperson of the Board of
Trustees and attested by the Village Clerk.
[R.O. 2013 § 110.115; R.O. 2012 § 110.115;
CC 1987 § 21.100]
A.
The Chairperson of the Board of Trustees shall be the Chief Executive
Officer of the Village and a conservator of the peace, and he/she
shall be responsible to the Board for the effective administration
and enforcement of this Code and other ordinances and resolutions
of the Board and the general welfare of the Village. Except as may
be provided otherwise in any case by State law, this Code or other
ordinance, he/she shall exercise general supervision over all departments,
offices and agencies of the Village government.
B.
The Chairperson of the Board of Trustees of the Village is hereby
authorized to execute for and on behalf of the Village for the calendar
year 1976 and thereafter such affidavits as may from time to time
be required by law with regard to the use and application by the Village
of funds received from the County Road and Bridge Tax Refund. Such
use and application of said refund shall be in accordance with the
laws of the State of Missouri.
C.
The Chairperson is further authorized to execute for and on behalf
of the Village such affidavits as may from time to time be required
by State or Federal law, provided that, prior to the execution, the
Board of Trustees is informed at a special or regular meeting of the
content and purpose of the affidavit.
In case of absence of the Chairperson at any meeting of the
Board, the Board may appoint a Chairperson Pro Tempore, and in case
he/she shall die, resign, be removed from office or remove from the
Village, the Board of Trustees shall appoint one (1) of its number
Chairperson, who shall hold the office for the unexpired term.
The Chairperson of the Board of Trustees shall semiannually
make out a correct statement of all monies received and expended on
account of the Village of Hanley Hills during the six (6) months next
preceding; and shall cause such statement, within ten (10) days thereafter,
to be published, either in some newspaper printed in the Village,
or by causing copies of such statement to be put up in six (6) of
the most public places in the Village.
All vacancies in the Board of Trustees shall be filled by the
remaining members of the Board. In case the office of Chairperson
becomes vacant, the remaining members shall select one (1) of their
own number as temporary Chairperson and then proceed to elect some
person to fill such vacancy; provided, the Chairperson or temporary
Chairperson shall have no vote except in case of a tie.
Such Board of Trustees shall have power to appoint an Assessor,
Collector, Marshal, Treasurer, and such other officers, servants and
agents as may be necessary, remove them from office, prescribe their
duties and fix their compensation.
[R.O. 2013 § 110.170; Ord. No.
1023 Arts. I – II, 10-18-2012]
A.
Any elected official acting either in his or her capacity as an elected official or as an appointed commissioner who authorizes the payment of Village funds, purchases goods, enters into a contract or hires a person, firm or corporation to perform work on behalf of the Village without following the procedures set forth in Chapter 140 of the Village Code, Section 140.175, or without prior Board approval by majority vote shall be required to reimburse the Village the total cost of said contract, service, goods or other expenditure, provided the Village, by majority of the Board, agrees to pay for the expenditure out of Village funds.
B.
The reimbursement due the Village shall be immediate upon payment
by the Village. If the trustee or appointed official fails to reimburse
the Village, the Village shall withhold any payment due Trustees as
set by ordinance until such reimbursement is paid in full. In the
event the Trustee resigns from the Board or is not re-elected and
the funds have not been fully repaid to the Village, then the Village
shall have the right to bring a civil action against the Trustee and
the Trustee will be required to pay the cost of collection, including
reasonable attorney's fees.
[Ord. No. 1031, 6-20-2013]
A.
An elective officer of the Village of Hanley Hills may be removed
from office, for good cause shown, by two-thirds (2/3) vote of all
members elected to the Board of Trustees. Before the elective officer
may be so removed from office, he or she shall be given an opportunity,
together with his or her witnesses, to be heard before the Board of
Trustees sitting as a board of impeachment. The Chairperson of the
Board shall conduct the Board of impeachment unless the Chairperson
is the elective officer being impeached, in which case the Chairperson
Pro Tem shall conduct the Board of impeachment.
B.
The reasons defining good cause are set forth below and the proceedings
for the Board of impeachment are set forth below.
[Ord. No. 1031, 6-20-2013]
Before the Board may remove an elective officer from office,
a petition setting forth the reasons for good cause shall be drafted
by the Village Attorney or any elective officer. The petition must
set forth the dates, times and facts constituting good cause as set
forth hereafter in this Chapter. The petition must be signed by the
Village Attorney or by the elective officer drafting the petition
for impeachment. The petition will be filed with the Village Clerk,
who shall distribute copies to all trustees and record the date of
the filing in the Village books. The Chairperson of the Board, or
the Chairperson Pro Tem, if circumstances dictate, shall set the hearing
not less than ten (10) days nor later than thirty (30) days from the
date of the filing of the petition. The Board will convene at the
date and time so designated.
[Ord. No. 1031, 6-20-2013]
At the hearing, the Village will have the burden of proof by
a preponderance of the evidence. Accordingly, the Village shall present
its case to the Board first. Rules of evidence shall not apply to
the hearing. Rather, the Chairperson of the Board or Chairperson Pro
Tem, as the case maybe, will decide on what evidence is permissible
to be heard by the Board in his or her discretion. After the Village
presents its evidence, the elective officer sought to be impeached
may present his or her evidence. Both the Village and the one (1)
sought to be impeached shall have the right to cross-examine any witnesses
presented at the hearing. A record of the proceedings shall be kept
by the Village Clerk.
[Ord. No. 1031, 6-20-2013]
The Board will deliberate after the evidence has been presented
and shall render its decision either by roll call vote at the end
of the deliberation or in writing with the votes of each trustee recorded
on the decision within seven (7) days of the end of the hearing. If
the decision is in writing, it shall be signed by the Chairperson
or Chairperson Pro Tem.
[Ord. No. 1031, 6-20-2013]
A.
Good cause for removal of a trustee shall include, but not be limited
to, the following:
1.
Incompetence in carrying out his or her duty as a commissioner;
2.
Malfeasance or non-feasance in office;
3.
Misappropriation of Village funds;
4.
Misconduct at a Board meeting requiring the removal of the Trustee
from the meeting more than one (1) time;
5.
Mistreating or inappropriate behavior towards any Village employee;
6.
Requesting or receiving kickbacks from any contractor with the
Village;
7.
Spending of Village funds without prior approval of the Board
of Trustees;
8.
Failure to attend the monthly meeting of the Board of Trustees
more than three (3) times within any six-month period without being
excused by the Chairperson of the Board;
9.
Failing to make a report to the Trustees of the Village at the
monthly meeting more than three (3) times in any six-month period
without being excused by the Chairperson of the Board; and
10.
Any other behavior repulsive to the Board members conducted
in their presence or which is harmful to the Village of Hanley Hills
and occurs anywhere.
