Chapter 105: City Departments, Officers and Employees

[R.O. 2003 § 105.010; Ord. No. 2.200 §§ 1 — 4, 2-21-1955]

For the purpose of establishing and defining the various responsibilities in the conduct of City Government, the following departments of City Government are hereby authorized and established:

Department of Administration.

Department of Public Safety.

Department of Electric Utilities.

Department of Streets.

Department of Water/Wastewater Utilities.

Department of Parks and Recreation.

Department of Pool Operations.

All employees of the City, including department heads and excepting only those employees directly employed by the City Council as by law provided, shall be employed by and may be discharged by the City Manager.

The salary of all such employees, except such as may have been expressly prescribed by ordinance, shall be determined by the City Manager, subject to the approval of the City Council.

Section 105.020 Officers — Appointment.

[R.O. 2003 § 105.020; Ord. No. 3.300 §§ 1 — 3, 2-21-1955]

The creation of all offices and salaries, which may be provided for by the Council under Sections 78.430 to 78.640, RSMo., shall be by ordinance.

All officers and employees of the City, except those officers required to be appointed by the Council under the laws of the State, shall be appointed by the City Manager for an indefinite term and may be discharged by him/her at any time, with or without cause.

The City Manager shall notify the Council in writing of all appointments of City Officers made by him/her and such notifications shall be incorporated in the minutes of the Council.

The entry of the appointments provided for in Subsections (A) through (C), above, upon the minutes of the Council shall effect and establish the appointment of such officers who shall thenceforth be invested with the full powers of their offices, subject only to such additional qualifications and requirements as may be specifically required by the laws of the State or by ordinance separate herefrom.

Section 105.030 Offices, Officers' And Employees' Duties And Compensation.

[R.O. 2003 § 105.030; Ord. No. 3.200 §§ 1 — 3, 2-21-1955; Ord. No. 24-02.03, 2-14-2024]

The City Manager shall prepare and deliver to the Council a list of positions, other than City offices, which he/she deems necessary to effect the efficient operation of City business with the recommended salaries to be paid to the respective employees appointed to fill such positions; and such list may be approved or amended or altered and approved by the Council. The approval thereof shall be through the approval of the fiscal year budget by ordinance. The positions so established and the salaries therefor may be altered or amended at any time by the Council on motion duly passed and entered on the minutes. No person shall be employed and no salary shall be paid by the City except as shall be established as provided for herein, provided that the City Manager may from time to time employ part-time, temporary or emergency employees, subject to the approval of the Council, as may be reasonably required to effect the needs of the City, and further provided, that nothing herein contained shall relate to services employed by the City under contract.

City Attorney. The City Attorney may serve as an independent contractor of the City and not as an employee. The City Attorney shall be a lawyer duly licensed to practice law under the laws of the State of Missouri, and need not be a resident of the City of Marceline. The City Attorney shall advise all officers of the City on all legal matters and shall perform such additional services as may be directed by the City Manager or the Council.

City Clerk/Assistant City Manager.

Appointment. The City Clerk/Assistant City Manager shall be appointed by the Mayor with the advice and consent of the City Council. The City Clerk/Assistant City Manager shall serve at the pleasure of the City Council. Anytime in this Municipal Code the term "City Clerk" is used it shall mean the "City Clerk/Assistant City Manager."

The City Clerk/Assistant City Manager shall be a full-time position and shall be performed during the hours set by the City Council. The City Clerk/Assistant City Manager position shall be the administrative assistant to the City Manager, and, in the absence of a City Manager, act as the City Manager and have general control over the administration and management of the City's business, officers and employees of the City. When the City Manager position is filled the City Clerk/Assistant City Manager will aid and assist the City Manager in his or her duties and will undertake such other duties as are assigned by the City Council.

The City Clerk/Assistant City Manager also shall have and perform all of the powers, rights and duties assigned by law to the office of City Clerk, including, but not limited to, having charge and custody of the seal, ordinances and other records, papers and documents entrusted to his or her care and keeping by the City Council; attending to such correspondence as may be required and shall keep the journal of the proceedings of the City Council, attesting each ordinance passed by subscribing his or her name on the face thereof; safely and properly keeping all the records and papers belonging to the City which may be entrusted to his or her care; being the general accountant of the City; being empowered to administer official oaths and oaths to persons certifying to demands or claims against the City, and performing all such other duties as may be prescribed by law or ordinance or as directed by the City Council.

Compensation. The City Clerk/Assistant City Manager shall receive such compensation as set by the City Council and which may be adjusted by performance evaluations, cost of living (COLA) allowances, or through the budgeting process.

Term; Removal. The office of City Clerk/Assistant City Manager shall have an indefinite term and continued service shall be at the pleasure of the City Council.