[R.O. 2001 § 115.010; CC 1990 § 2-26; Code 1977 § 3.010]
The corporate powers and duties of the City shall be vested in a Board of Aldermen. The Board shall consist of six (6) members elected or appointed as Aldermen of the City.
A. 
No person shall be an Alderman unless he/she be at least eighteen (18) years of age, a citizen of the United States, and an inhabitant and resident of the City for one (1) year next preceding his/her election, and a resident, at the time he/she files and during the time he/she serves, of the ward from which he/she is elected.
B. 
Any person who is not qualified for his/her office as provided by State law or other ordinances shall not be entitled to have his/her name printed on the ballot. The qualifications of a candidate for office shall be determined by the Board of Aldermen upon hearing given, upon its own motion, or upon written affidavit by some person that a named candidate is not qualified as such for the office sought.
[1]
State Law Reference: As to when Aldermen may be elected at large, § 79.060, RSMo.
A. 
No person shall be Mayor unless he/she be at least twenty-five (25) years of age, a citizen of the United States, and a resident of the City at the time of and for at least one (1) year next preceding his/her election.
B. 
Any person who is not qualified for his/her office as provided by State law or other ordinances shall not be entitled to have his/her name printed on the ballot. The qualifications of a candidate for office shall be determined by the Board of Aldermen upon hearing given, upon its own motion, or upon written affidavit by some person that a named candidate is not qualified as such for the office sought.
A. 
The Board of Aldermen shall elect one (1) of its own number who shall be styled "Acting President of the Board of Aldermen" and who shall serve for a term of one (1) year.
B. 
The Acting President may vote on any proposition before the Board. The Board of Aldermen, by ordinance, shall fix the time and place of holding their stated meetings, and may be convened by the Acting President at any time. Members of the Board of Aldermen 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 Mayor or Acting President for illness or other special reason.
[R.O. 2001 § 115.030; CC 1990 § 2-28; Code 1977 § 3.010(3)]
[Ord. No. 21-10, 10-5-2021]
A. 
Any person who desires to become a candidate for an elective City office at the general City election shall file with the City Clerk, not prior to the hour of 8:00 A.M., on the 17th Tuesday prior to, nor later than 5:00 P.M., on the 14th Tuesday prior to the next City municipal election, a written declaration of his/her intent to become a candidate at said election. The City Clerk shall keep a permanent record of the names of the candidates, the offices for which they seek election, and the date of their filing, and their names shall appear on the ballots in that order.
B. 
The City Clerk shall, on or before the 17th Tuesday prior to any election at which City offices are to be filled by said election, notify the general public of the opening filing date, the office or offices to be filled, the proper place for filing, and the closing filing date of the election. Such notification may be accomplished by legal notice published in at least one (1) newspaper of general circulation in the City.
When any vacancy shall happen in the office of Mayor by death, resignation, removal from the City, removal from office, refusal to qualify, or from any other cause whatever, the Acting President of the Board of Aldermen shall, for the time being, perform the duties of Mayor, with all the rights, privileges, powers and jurisdiction of the Mayor, until such vacancy be filled or such disability be removed; or, in case of temporary absence, until the Mayor's return.
The Mayor and Board of Aldermen of each City governed by this Chapter shall have the care, management and control of the City and its finances and shall have power to enact and ordain any and all ordinances not repugnant to the Constitution and laws of this State, and such as they shall deem expedient for the good government of the City, the preservation of peace and good order, the benefit of trade and commerce, and the health of the inhabitants thereof, and such other ordinances, rules and regulations as may be deemed necessary to carry such powers into effect and to alter, modify or repeal the same.
The Mayor shall have a seat in and preside over the Board of Aldermen but shall not vote on any question except in case of a tie, nor shall he/she preside or vote in cases when he/she is an interested party. He/she shall exercise a general supervision over all the officers and affairs of the City and shall take care that the ordinances of the City, and the State laws relating to such City, are complied with.
The style of the ordinances of the City shall be "Be it ordained by the Board of Aldermen of the City of Clarkson Valley, as follows: . . . ." No ordinance shall be passed except by bill, and no bill shall become an ordinance unless on its final passage a majority of the members elected to the Board of Aldermen shall vote for it, and the "ayes" and "nays" be entered on the journal. Every proposed ordinance shall be introduced to the Board of Aldermen 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 Aldermen. 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 Aldermen. No bill shall become an ordinance until it shall have been signed by the Mayor, or person exercising the duties of the Mayor's office, or shall have been passed over the Mayor's veto as herein provided.
Every bill duly passed by the Board of Aldermen and presented to the Mayor and by him/her approved shall become an ordinance, and every bill presented as aforesaid, but returned with the Mayor's objections thereto, shall stand reconsidered. The Board of Aldermen shall cause the objections of the Mayor to be entered at large upon the journal and proceed at its convenience to consider the question pending, which shall be in this form: "Shall the bill pass, the objections of the Mayor thereto notwithstanding?" The vote on this question shall be taken by "ayes" and "nays" and the names entered upon the journal, and if two-thirds (2/3) of all the members-elect shall vote in the affirmative, the City Clerk shall certify the fact on the roll, and the bill thus certified shall be deposited with the proper officer and shall become an ordinance in the same manner and with like effect as if it had received the approval of the Mayor. The Mayor shall have power to sign or veto any ordinance passed by the Board of Aldermen; provided that should he/she neglect or refuse to sign any ordinance and return the same with his/her objections, in writing, at the next regular meeting of the Board of Aldermen, the same shall become a law without his/her signature.
The Board of Aldermen shall cause to be kept a journal of its proceedings, and the "ayes" and "nays" shall be entered on any question at the request of any two (2) members. The Board of Aldermen may prescribe and enforce such rules as it may find necessary for the expeditious transaction of its business.
The Board of Aldermen shall semiannually each year, at times to be set by the Board of Aldermen, make out and spread upon their records a full and detailed account and statement of the receipts and expenditures and indebtedness of the City for the half year ending with the last day of the month immediately preceding the date of such report, which account and statement shall be published in some newspaper in the City.
In the event the financial statement of the City is not published as required by Section 110.100, the Treasurer of the City shall not pay out any money of the City on any warrant or order of the Board of Aldermen after the end of the month in which such financial statement should have been published until such time as such financial statement is published. Any Treasurer violating the provisions of this Section shall be deemed guilty of an ordinance violation.
The Board of Aldermen shall have power to compel the attendance of witnesses and the production of papers and records relating to any subject under consideration in which the interest of the City is involved and shall have power to call on the proper officers of the City, or of the County in which such City is located, to execute such process. The officer making such service shall be allowed to receive therefor such fees as are allowed by law in the Circuit Court for similar services, to be paid by the City. The Mayor or Acting President of the Board of Aldermen shall have power to administer oaths to witnesses.
The Mayor shall sign the commissions and appointments of all City Officers elected or appointed in the City and shall approve all official bonds unless otherwise prescribed by ordinance.
The Mayor shall be active and vigilant in enforcing all laws and ordinances for the government of the City, and he/she shall cause all subordinate officers to be dealt with promptly for any neglect or violation of duty; and he/she is hereby authorized to call on every male inhabitant of the City over eighteen (18) years of age and under fifty (50) to aid in enforcing the laws.
The Mayor shall, from time to time, communicate to the Board of Aldermen such measures as may, in his/her opinion, tend to the improvement of the finances, the Police, health, security, ornament, comfort and general prosperity of the City.
The Mayor shall have power to remit fines and forfeitures and to grant reprieves and pardons for offenses arising under the ordinances of the City; but this Section shall not be so construed as to authorize the Mayor to remit any costs which may have accrued to any officer of said City by reason of any prosecution under the laws or ordinances of such City.
[R.O. 2001 §§ 115.070, 120.040; CC 1990 § 2-32; Code 1977 § 3.050; Ord. No. 91-14 §§ 2-3, 9-3-1991]
Each elected and qualified Mayor or Alderman shall during his/her term of office receive as compensation such amounts as established by the Board of Aldermen from time to time. In the event the Mayor or an Alderman shall not serve for a full pay period, irrespective of the reason, said Mayor or Alderman shall receive compensation based upon the number of days served as the Mayor or an Alderman during the pay period in proportion to the total number of days in the pay period.
[R.O. 2001 § 120.030; CC 1990 § 2-92; Code 1977 §§ 3.040(2), 4.010(3); Ord. No. 91-5 § 2, 2-5-1991]
A. 
The Mayor shall:
1. 
Have the powers and duties specified in Chapter 79, RSMo.
2. 
Have charge of procuring a lawful and proper assessment of property within the City for the purposes of providing revenue for City purposes in the manner herein provided. It shall be his/her duty to see that there is procured from the County Clerk and that the same is immediately transmitted to the Board of Aldermen, a certified abstract from the County assessment books, as corrected by the County Board of Equalization, of all property within the City made taxable by law, which abstract shall by the Board of Aldermen be accepted, taken and considered as lawful and proper assessment on which to levy and collect the taxes of the City.
[R.O. 2001 § 115.090; CC 1990 § 2-51; Code 1977 § 3.020(1)]
The regular meetings of the Board of Aldermen shall be held on the first Tuesday of each month at the hour of 6:30 P.M. at such place as the Board may designate. The meeting shall be public. If a regular meeting is scheduled under this Article for a legal holiday, the Board shall not meet on the holiday but shall convene on the next business day at 6:30 P.M. or another day as set by the Mayor. Notice of all regular Board meetings shall be given as set out in Chapter 120, Open Meetings and Records Policy, of this Code
[R.O. 2001 § 115.100; CC 1990 § 2-52; Code 1977 § 3.020(2)]
Special meetings may be called by the Mayor or by any three (3) members of the Board of Aldermen by written request filed with the City Clerk who shall thereupon prepare a notice of such special meeting in conformance with Chapter 120, Open Meetings and Records Policy, of this Code.
[R.O. 2001 § 115.110; CC 1990 § 2-53; Code 1977 § 3.020(1)]
The Board shall have and hereby do have the authority to adjourn any regular or special meeting of the Board to such place and for such date and time as the Board shall select by motion adopted by a majority of the members of the Board, but in no event by less than a quorum of the Board of Aldermen.
[R.O. 2001 § 115.120; CC 1990 § 2-54; Code 1977 § 3.020(3)]
At the hour appointed, the Mayor, or in his/her absence, the Acting President, shall call the Board to order, the Clerk shall call the roll of members and announce whether or not a quorum is present. Four (4) of the six (6) Aldermen shall constitute a quorum. If a quorum is not present, a smaller number may lawfully adjourn the meeting until a quorum is present. If the acting president is absent, then the members of the Board of Aldermen in attendance shall appoint one (1) of their number to serve as acting president who shall then preside and perform the duties of the chairman during his/her absence.
[R.O. 2001 § 115.130; CC 1990 § 2-55; Code 1977 § 3.020(4)]
A. 
The Board of Aldermen, upon the announcement of a quorum, shall proceed to transact the business before it in the following order, unless otherwise modified by the Board:
1. 
Pledge of allegiance.
2. 
Reading of the minutes of the last meeting or meetings unless temporarily waived, and approval of the same as read unless changed or objected by a member, in which event they shall be approved as corrected.
3. 
The presentation and hearing of remarks, complaints and petitions of citizens or other interested parties on all motions.
4. 
Mayor's report and reports of officers and committees.
5. 
Unfinished business.
6. 
New business.
7. 
The audit of all bills and claims against the City and ordering of payment of bills approved and allowed.
8. 
Miscellaneous business.
9. 
Adjournment.
[R.O. 2001 § 115.140; CC 1990 § 2-56; Code 1977 § 3.020(5)]
All committees, boards, commissions and officers shall be appointed by the Mayor with the advice and approval of the Board of Aldermen unless otherwise provided by the laws of the State or the ordinances of the City.
[R.O. 2001 § 115.150; CC 1990 § 2-57; Code 1977 § 3.020(6)]
Robert's Rules of parliamentary procedure shall govern the proceedings of the Board, except when otherwise provided by ordinance, and any question arising thereunder shall be decided by the Mayor, subject to appeal to the Board by any member. These rules may be temporarily suspended by unanimous consent of all of the members of the Board.
[R.O. 2001 § 115.170; CC 1990 § 2-59; Ord. No. 98-09 § 1, 10-6-1998]
A. 
Members of the Board of Aldermen shall be required to attend all regular, closed and special meetings of the Board, and to remain at each such meeting until adjournment, unless leave of absence is granted by the Board or unless excused by the Mayor or the Board because of extraordinary circumstances, including, but not limited to, illness, business or personal travel or other similar reason.
B. 
A member of the Board of Aldermen shall inform the City Clerk of an expected absence, and the reason therefor as soon as possible upon learning that he/she will be unable to attend a meeting. If a member of the Board of Aldermen intends to leave any meeting prior to adjournment, he/she shall inform the Mayor or the Board of the necessity of such departure and shall request leave for same, which such leave shall not be unreasonably withheld.
[R.O. 2001 § 115.180; CC 1990 § 2-60; Ord. No. 98-09 § 1, 10-6-1998]
A. 
For the purpose of enacting ordinances, a majority vote shall require the affirmative vote of no less than four (4) members of the Board of Aldermen, unless a greater number is required by law. The Mayor may cast a deciding vote only in the case of a tie, which is hereby defined as:
1. 
When three (3) members of the Board vote in favor of the bill in question and three (3) members vote against the bill; or
2. 
When three (3) members of the Board vote in favor of the bill and one (1) or more members vote against it, with any remaining member either abstaining from voting, or absenting himself/herself from a meeting in order to avoid voting, and such inaction is declared as a vote against the bill in question.
B. 
Members of the Board of Aldermen shall vote either for or against each bill brought before the Board for its consideration, when a vote on such bill is called for pursuant to Board procedure, unless by such vote the member believes that he/she otherwise has a conflict of interest. In any such case, the member shall, prior to discussion of the bill, announce that he/she is abstaining from voting, and the Board shall proceed with the vote to its conclusion. A member who abstains from voting on a bill shall not participate in the Board's discussion or consideration of the bill.
C. 
If at any time after a vote on any bill three (3) members of the Board favor passage of the bill and one (1) or more of the remaining members abstains from voting, a Board member may move that any abstaining member disclose the basis for the abstention, and upon a favorable vote any such abstaining member shall do so. After such disclosure, the Board may, after motion duly adopted, continue its consideration of the bill to another time. In the event that either the abstaining member refuses to disclose the basis for the abstention or the Board believes that the disclosure does not merit abstention, and the Board further determines, upon motion duly adopted and from the facts and circumstances known to the Board, that the abstaining member intends by his/her abstention to prevent a tie vote and thereby defeat the bill in question, the Mayor shall declare the abstention as a vote against the bill in question.
D. 
If after a vote on any bill three (3) members of the Board favor its passage while one (1) or more of the remaining members are absent from the meeting, the Board may proceed as follows, after motion duly adopted:
1. 
Continue its consideration of the bill to a subsequent meeting, established at a time certain, so as to allow any absent member to appear at such meeting and vote on the bill in question. In such event the Mayor shall not declare the result of the vote on the bill but shall hold the vote open until such time as any absent member has been afforded reasonable opportunity to attend a subsequent board meeting and vote as provided herein. However, nothing provided herein shall prevent any voting member from changing his/her vote on the bill in question prior to the vote of the absent member or the declaration of the absent member's vote as being in opposition to the bill; or
2. 
Find and determine from the facts and circumstances known to the board that the absent member intends by his/her absence to prevent a tie and thereby defeat the bill in question, in which case the Mayor shall declare the member's absence a vote in opposition to the bill in question.
E. 
In any case when there are three (3) affirmative votes and an abstention or absence is determined by the Mayor to be a vote in opposition to the bill in question, the Mayor shall declare a tie and shall then cast the deciding vote.
[R.O. 2001 § 115.190; CC 1990 § 2-61; Ord. No. 98-09 § 1, 10-6-1998]
The abstention from voting on a bill by a member of the Board of Aldermen or the unexcused absence of a member of the Board of Aldermen, when said actions are performed with the intent to defeat pending legislation and thus achieve by the inaction of a minority that which could not otherwise be accomplished, may constitute cause for removal from office in accordance with Section 79.240, RSMo. In any such case the Mayor without unreasonable delay shall convene a special meeting of the Board to hear and determine whether a member so acting shall be removed from office. In no event, however, shall the accused member be deprived of notice of the convened special meeting or the opportunity to be heard at said meeting.