Except as this Charter provides otherwise, all powers of the
City shall be vested in the City Council. The Council shall provide
for the exercise of these powers and for the performance of all duties
and obligations imposed on the City by law.
(a) Composition. There shall be a Council of eight (8) members. Two (2)
Councilmembers shall be elected by qualified voters from each of the
City's four (4) wards. Wherever used in this Charter, the term "entire
Council" shall mean a Council of eight (8) members, regardless of
vacancies.
(b) Qualifications. A Councilmember shall have reached the age of twenty-five
(25) years prior to commencing a term of office, shall be a citizen
of the United States, shall have been a resident of the City for two
(2) years and resident of his/her ward for six (6) months immediately
preceding election and a qualified voter, shall remain a resident
of his/her ward and a qualified voter during his/her term of office,
shall not be in arrears for any unpaid City taxes, shall not be subject
to City liens or forfeitures, and shall comply with all provisions
of Section 115.306 RSMo, as amended.
(c) Election and Terms. City Councilmembers shall be elected to serve
staggered two (2) year terms, with four (4) Councilmember positions
coming up for election in even-numbered years and four (4) Councilmember
positions coming up for election in odd-numbered years. At each regular
municipal election, Councilmembers shall be elected to fill the offices
of those whose terms expire.
(Ord. No. 2013-082 Question 1, 12-9-13; Ord. No. 2014-015 Question
1, 4-14-14; Ord. No. 2017-078, Question 4, 11-27-17)
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The Council may determine the annual compensation of Councilmembers
by ordinance, but no ordinance changing such compensation shall become
effective for a councilmember until the commencement of his/her new
term of office. On at least an annual basis, the compensation of Councilmembers
shall be placed upon an agenda and discussed by the Council at a work
session to determine the need for any alterations. Compensation shall
begin the day of the administration of the oath of office prorated
by day for the month and shall cease on the date of resignation, removal
from office or the expiration of term prorated by day for the month.
(Ord. No. 2017-078, Question 4, 11-27-17)
The Council shall elect annually from among its members a Mayor Pro Tempore. The Mayor Pro Tempore shall assume the powers and duties of the Mayor during the absence or disability of the Mayor or if a vacancy occurs. While assuming the powers and duties of the Mayor during the physical absence in person or disability of the Mayor (until and if the seat is declared vacant), the Mayor Pro Tempore shall retain his/her vote as a Councilmember, but shall not possess the additional mayoral voting power provided by Section
4.4(a), and shall not possess the mayoral veto power provided by Section
4.4(c). While assuming the powers and duties of the Mayor following a vacancy, the Mayor Pro Tempore shall possess the Mayoral veto power provided by Section
4.4(c) and the Mayoral voting power provided by Section
4.4(a), but shall not retain his/her vote as a Councilmember.
(Ord. No. 2017-078, Questions 4, 5, 11-27-17)
Except for the purpose of inquiries, information and investigations under Section
3.11, the Council or its members shall not deal with City Officers and employees who are subject to the direction and supervision of the City Manager except through the City Manager, and neither the Council nor its members shall give orders to any such officer or employee, either publicly or privately. Neither the Council or any of its members shall in any manner dictate the appointment or removal of any City administrative officers or employees whom the City Manager or the City Manager's subordinates are empowered to appoint, but the Council as a group may express its views and fully and freely discuss with the City Manager anything pertaining to appointment and removal of such officers and employees.
(Ord. No. 28081 Question 1, 8-25-08; Ord. No. 28115 Question
1, 12-8-08)
Except where authorized by law or pursuant to an agreement between
the City and another entity of government, no Councilmember shall
hold any other compensated elected governmental office or any City
employment during the term for which the Councilmember was elected
to the Council, and no former Councilmember shall hold any compensated
appointive City office or City employment until one (1) year after
the expiration of the term for which the Councilmember was elected
to the Council.
(a) Vacancies. The office of a Councilmember shall become vacant upon
the Councilmember's death, resignation, recall or removal from office
in any manner authorized by this Charter or by law, or upon forfeiture
of the office.
(b) Forfeiture of Office. A Councilmember shall forfeit his/her office and the Council shall, after procedures set forth in Section
3.8, declare their seat vacant if the Councilmember:
(1)
Any time during the term of office lacks any qualification for
the office prescribed by this Charter or by law,
(2)
Violates any prohibition as provided in Section
3.6,
(3)
Is convicted of a felony,
(4)
Fails to pay, by its original due date without valid reason,
any valid tax or assessment that is owed to the City, or
(5)
Fails to attend three (3) consecutive regular meetings of the
Council or more than twenty-five percent (25%) of the Council's regular
meetings or work sessions during any twelve (12) month period without
being excused by the Council, or
(6)
Violates terms and provisions of the Code of Conduct for Elected
Officials as contained in the Raymore City Code.
(c) Filling of Vacancies. The Council by a majority vote of all its remaining
members shall appoint a qualified person to fill a vacancy until the
next regular municipal election as established by the Missouri election
calendar in accordance with State law, for which timely notice may
be given, when a person will be elected by qualified voters to serve
the remainder of the unexpired term.
(Ord. No. 2017-078, Questions 4, 11-27-17)
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The Council shall be the judge of the qualifications of its
members and the Mayor and the grounds for forfeiture of their office
and for that purpose shall have the power to subpoena witnesses, administer
oaths, take testimony, and require the production of evidence. An
elected official charged with conduct constituting grounds for forfeiture
of his/her office shall be entitled to a public hearing. The Council
may establish procedures for judging the qualifications of members
and the Mayor or determining if there are grounds to forfeit the office
which may include the appointment of a hearing officer to take evidence
and report findings to the City Council. Decisions made by the Council
under this Section shall be subject to review by the courts as a contested
case pursuant to Sections 536.100 through 536.140 of the Revised Statutes
of Missouri.
(Ord. No. 28045 Question 10, 5-19-08; Ord. No. 28083 Question
10, 8-25-08)
The City Manager shall appoint a City Clerk with the advice
and consent of a majority of the Council. The City Clerk shall keep
the journal of City Council proceedings, authenticate by signature
all ordinances and resolutions, and record them in full in a book
kept for that purpose. The City Clerk shall perform such other duties
as may be required by law, by this Charter, by ordinance, or by the
City Manager.
(Ord. No. 28081 Question 1, 8-25-08; Ord. No. 28115 Question
1, 12-8-08)
(a)
City Attorney. The City shall retain the services of an attorney
or law firm to serve as City Attorney. The City Attorney shall be
appointed by the Mayor with the advice and consent of six (6) out
of eight (8) members of the entire Council. The City Attorney shall
serve as the chief legal advisor to the Mayor, the Council, administrative
staff and all the City departments, offices and agencies, shall represent
the City in all legal proceedings and shall perform any other duties
prescribed by law, by this Charter, by ordinance, or as may be required
of the City Attorney by the Mayor, Council or City Manager. The person
appointed shall serve for a term of two (2) years, and nothing shall
preclude a person from serving successive terms. The City Attorney
may be removed at any time with the consent of five (5) out of eight
(8) members of the entire Council.
(b)
Prosecuting Attorney. The City shall have one (1) or more Prosecuting
Attorneys appointed by the Mayor with the advice and consent of six
(6) out of eight (8) members of the entire Council. The Prosecuting
Attorney(s) shall prosecute violations of the City ordinances before
the Municipal Court. Any person appointed shall serve for a term of
two (2) years, and nothing shall preclude a person from serving successive
terms. Any Prosecuting Attorney may be removed at any time with the
consent of five (5) out of eight (8) members of the entire Council.
(c)
Qualifications. The City Attorney and Prosecuting Attorney(s)
shall be licensed members of the Missouri Bar and shall have been
engaged in the active practice of law in the State of Missouri for
at least three (3) years immediately preceding appointment. The requirement
that such prior active law practice be in the State of Missouri may
be waived by a three-fourths (3/4) vote of the entire Council.
(d)
Compensation. The Council shall provide for the compensation
of the City Attorney and Prosecuting Attorney(s). To the extent applicable,
the City Attorney and Prosecuting Attorney(s) shall be subject to
the administrative policies and procedures of the City. At the option
of the City Manager, with the concurrence of a majority of the Council,
attorney compensation may be provided by fees and may be paid directly
to such attorneys or to the law firms of which they are members or
employees.
(Ord. No. 99040 Prop. 1, 8-23-1999; Ord. No. 99065 Prop. 1,
11-8-99; Ord. No. 28081 Question 1, 8-25-2008; Ord. No. 28115 Question
1, 12-8-2008; Ord. No. 2017-078, Question 6, 11-27-17)
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The Council may make investigations into the affairs of the
City and the conduct of any City department, office or agency and
for this purpose may subpoena witnesses, administer oaths, take testimony
and require the production of evidence. Any person who fails or refuses
to obey a subpoena issued in the exercise of these powers by the Council
shall be subject to punishment as prescribed by law or ordinance.
(Ord. No. 28045 Question 2, 5-19-2008; Ord. No. 28083 Question
2, 8-25-08)
The Council shall provide for an independent audit of all City
accounts and a management report at least once a year. Such audits
shall be made in accordance with generally accepted accounting principles
by a certified public accountant or firm of certified public accountants
who have no personal interest, direct or indirect, in the fiscal affairs
of the City Government or any of its officers. A copy of the audit
report and management report shall be kept in the City Clerk's office
and shall be open to public inspection.
(a)
Meetings. The Council shall meet regularly at least once each
month at such times and places as the Council may prescribe. The Mayor,
upon the Mayor's own motion, may or at the request of three (3) members
of the Council, shall call a special meeting of the Council for a
time not earlier than twenty-four (24) hours after notice is given
to all members of the Council then in or near the City of Raymore,
or who can otherwise be contacted with reasonable effort.
(b)
Rules and Journals. The Council shall determine its own rules
and order of business. It shall cause a journal of its proceedings
to be kept, and this journal shall be open to public inspection.
(c)
Voting. Voting shall be by a show of hands, unless applicable
law or ordinance authorizes voice vote, both by electronic display
board or other lawful means authorized by ordinance and the "ayes"
and "nays" shall be recorded in the journal. Except as otherwise provided
in this Charter, the affirmative vote of a majority of the entire
Council shall be necessary to adopt any ordinance.
(d)
Quorum. A majority of the members of the Council shall constitute
a quorum for the transaction of its business.
(e)
Form of Ordinances. Proposed ordinances and resolutions shall
be introduced in the Council only in written or printed form. The
enacting clause of all ordinances shall be:
Be It Ordained by the Council of the City of Raymore,
Missouri.
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The enacting clause of all ordinances submitted by initiative
shall be:
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Be It Ordained By the People of the City of Raymore,
Missouri.
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(f)
Procedure. Every proposed ordinance shall be read by title in two (2) separate, open Council meetings two (2) times before final passage unless the Bill is declared an emergency under Section
3.13(g). A copy of each proposed ordinance shall be provided for each Councilmember at the time of its inclusion on the agenda, and at least three (3) copies of each proposed ordinance shall be provided for public inspection in the office of the City Clerk until it is finally adopted or fails or adoption. Persons interested in a proposed ordinance shall be given an opportunity to be heard before the Council in accordance with such rules and regulations as the Council may adopt.
(g)
Emergency Ordinances. If the Mayor or any Councilmember deems
it to be in the best interest of the City, he/she may declare a proposed
ordinance to be an emergency measure. Every emergency ordinance shall
be read in full at least once in an open Council meeting, except that
the portion of an emergency ordinance setting out real estate legal
descriptions, or the terms of bond sales, certificates of indebtedness,
capital notes, lease purchase agreements, certificates of participation
and installment purchase agreements shall not be required to be read
in full. An ordinance may be passed as an emergency measure on the
day of its introduction if it contains a declaration describing in
clear and specific terms the facts and reasons constituting the emergency
and receives the affirmative vote of three-fourths (3/4) of the entire
Council.
(h)
Effective Date. Every adopted ordinance and resolution shall become effective immediately upon passage, adoption and approval by the Mayor (including deemed approved by the Mayor failing to either sign or disapprove the same within ten (10) days of receipt as provided in Section
4.4(c), or any later date specified therein).
(i)
Authentication and Recording. All ordinances and resolutions
adopted by the Council shall be authenticated by the signature of
the Mayor and City Clerk. The City Clerk shall record in a properly
indexed book kept for such purpose all ordinances and resolutions
adopted by the Council.
(Ord. No. 99040 Prop. 2 and 3, 8-23-99; Ord. No. 99065 Prop.
2 — 3, 11-8-99; Ord. No. 28045 Questions 4 and 5,
5-19-08; Ord. No. 28083 Questions 4 and 5, 8-25-08; Ord. No. 28081
Question 2, 8-25-08; Ord. No. 28115 Question 2, 12-8-08; Ord. No.
2017-078, Questions 7, 8, 11-27-17)
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Within three (3) years after adoption of this Charter, all ordinances
and resolutions of the City of a general and permanent nature shall
be revised, codified and promulgated according to a system of continuous
numbering and revision as specified by ordinance.