CHAPTER 115: CITY OFFICIALS
ARTICLE I. GENERAL PROVISIONS
SECTION 115.010: ELECTIVE OFFICERS─TERMS
The following officers shall be elected by the qualified voters of the City and shall hold office for the term of two (2) years, except as otherwise provided in this Section, and until their successors are elected and qualified, to wit: Mayor and Board of Aldermen.
SECTION 115.020: APPOINTIVE OFFICERS
. The Mayor, with the consent and approval of the majority of the members of the Board of Aldermen, shall have power to appoint a Collector, City Treasurer/Finance Officer, City Attorney, Municipal Judge, Special Police Officers, City Superintendent, Street Supervisor, Public Works Supervisor, Fire Chief and such other officers as he/she may be authorized by ordinance to appoint, and if deemed for the best interests of the City, the Mayor and Board of Aldermen may, by ordinance, employ special counsel to represent the City, either in a case of a vacancy in the office of City Attorney or to assist the City Attorney, and pay reasonable compensation therefor.
A. All appointive officers shall be appointed to serve at the pleasure of the Mayor and the Board of Aldermen. (CC 1979 §21.110)
A. The Mayor, with the consent and approval of the majority of the members of the Board of Aldermen, shall have the power to appoint a City Traffic Engineer.
B. The City Traffic Engineer shall be appointed to serve at the pleasure of the Mayor and the Board of Aldermen. (Ord. No. 337, 3-14-05)
SECTION 115.030: REMOVAL OF OFFICERS
The Mayor may, with the consent of a majority of all the members elected to the Board of Aldermen, remove from office, for cause shown, any elective officer of the City, such officer being
first given opportunity, together with his/her 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 (2/3) vote of all members elected to the Board of Aldermen, independently of the Mayor's approval or recommendation. The Mayor may, with the consent of a majority of all the members elected to the Board of Aldermen, remove from office any appointive officer of the City at will, and any such appointive officer may be so removed by a two-thirds (2/3) vote of all the members elected to the Board of Aldermen, independently of the Mayor's approval or recommendation. The Board of Aldermen may pass ordinances regulating the manner of impeachments and removals.
SECTION 115.040: OFFICERS TO BE VOTERS AND RESIDENTS─EXCEPTIONS
All officers elected to offices or appointed to fill a vacancy in any elective office under the City Government shall be voters under the laws and Constitution of this State and the ordinances of the City except that appointed officers need not be voters of the City. No person shall be elected or appointed to any office who shall at the time be in arrears for any unpaid City taxes, or forfeiture or defalcation in office. All officers, except appointed officers, shall be residents of the City.
SECTION 115.050: OFFICERS' OATH─BOND
Every officer of the City and his/her assistants, and every Alderman, before entering upon the duties of his/her office, shall take and subscribe to an oath or affirmation before some court of record in the County, or the City Clerk, that he/she possesses all the qualifications prescribed for his/her office by law; that he/she will support the Constitution of the United States and of the State of Missouri, the provisions of all laws of this State affecting Cities of this class, and the ordinances of the City, and faithfully demean himself/herself while in office; which official oath or affirmation shall be filed with the City Clerk. Every officer of the City, when required by law or ordinance, shall, within fifteen (15) days after his/her appointment or election, and before entering upon the discharge of the duties of his/her office, give bond to the City in such sum and with such sureties as may be designated by ordinance, conditioned upon the faithful performance of his/her duty, and that he/she will pay over all monies belonging to the City, as provided by law, that may come into his/her hands. If any person elected or appointed to any office shall fail to take and subscribe such oath or affirmation, or to give bond as herein required, his/her office shall be deemed vacant. For any breach of condition of any such bond, suit may be instituted thereon by the City, or by any person in the name of the City, to the use of such person.
SECTION 115.060: SALARIES FIXED BY ORDINANCE
The Board of Aldermen shall fix the compensation of all the officers and employees of the City by ordinance. The salary of an officer shall not be changed during the time for which he/she was elected or appointed.
SECTION 115.070: VACANCIES IN CERTAIN OFFICES─HOW FILLED
If a vacancy occurs in any elective office, the Mayor or the person exercising the duties of the Mayor shall cause a special meeting of the Board of Aldermen to convene where a successor to the vacant office shall be selected by appointment by the Mayor with the advice and consent of a majority of the remaining members of the Board of Aldermen. If the vacancy is in the office of Mayor, nominations of a successor may be made by any member of the Board of Aldermen and selected with the consent of a majority of the members of the Board of Aldermen. The Board of Aldermen may adopt procedures to fill vacancies consistent with this Section. The successor shall serve until the next regular municipal election. If a vacancy occurs in any office not elective, the Mayor shall appoint a suitable person to discharge the duties of such office until the first (1st) regular meeting of the Board of Aldermen thereafter, at which time such vacancy shall be permanently filled.
SECTION 115.080: POWERS AND DUTIES OF OFFICERS TO BE PRESCRIBED BY
The duties, powers and privileges of officers of every character in any way connected with the City Government, not herein defined, shall be prescribed by ordinance. Bonds may be required of any such officers for faithfulness in office in all respects.
SECTION 155.081: CONFLICTS OF INTEREST
A. Declaration Of Policy. The proper operation of municipal government requires that public officials and employees be independent, impartial and responsible to the people; that government decisions and policy be made in the proper channels of the governmental structure; that public office not be used for personal gain; and that the public have confidence in the integrity of its government. In recognition of these goals, there is hereby established a procedure for disclosure by certain officials and employees of private financial or other interests in matters affecting the City.
B. Conflicts Of Interest─Generally. The Mayor or any member of the Board of Aldermen who has a substantial personal or private interest, as defined by State law, in any bill shall disclose on the records of the Board of Aldermen the nature of his interest and shall disqualify himself from voting on any matters relating to this interest.
C. Disclosure Reports. Each elected official, the City Administrator shall disclose the following information by May first (1st) if any such transactions were engaged in during the previous calendar year.
C.1. For such person and all persons within the first degree of consanguinity or affinity of such person, the date and the identities of the parties to each transaction with a total value in excess of five hundred dollars ($500.00), if any, that such person had with the political subdivision, other than compensation received as an employee or payment of any tax, fee or penalty due to the political subdivision, and other than transfers for no consideration to the political subdivision; and
C.2. The date and the identities of the parties to each transaction known to the person with a total value in excess of five hundred dollars ($500.00), if any, that any business entity in which such person had a substantial interest, had with the political subdivision, other than payment of any tax, fee or penalty due to the political subdivision or transactions involving payment for providing utility service to the political subdivision, and other than transfers for no consideration to the political subdivision.
C.3. The City Administrator and the Chief Purchasing Officer also shall disclose by May first (1st) for the previous calendar year the following information:
C.3.a. The name and address of each of the employers of such person from whom income of one thousand dollars ($1,000.00) or more was received during the year covered by the statement;
C.3.b. The name and address of each sole proprietorship that he owned; the name, address and the general nature of the business conducted of each general partnership and joint venture in which he was a partner or participant; the name and address of each partner or co-participant for each partnership or joint venture unless such names and addresses are filed by the partnership or joint venture with the Secretary of State; the name, address and general nature of the business conducted of any closely held corporation or limited partnership in which the person owned ten percent (10%) or more of any class of the outstanding stock or limited partnership that is listed on a regulated stock exchange or automated quotation system in which the person owned two percent (2%) or more of any class of outstanding stock, limited partnership units or other equity interests;
C.3.c. The name and address of each corporation for which such person served in the capacity of a director, officer or receiver.
D. Filing Of Reports. The report, in a format which is on file in the City offices, shall be filed with the City Clerk and with the Secretary of State prior to January 1, 1993, and thereafter with the Ethics Commission. The reports shall be available for public inspections and copying during normal business hours.
E. When Filed. The financial interest statements shall be filed at the following times, but no person is required to file more than one (1) financial interest statement in any calendar year:
E.1. Each person appointed to office shall file the statement within thirty (30) days of such appointment or employment.
E.2. Every other person required to file a financial interest statement shall file the statement annually not later than May first (1st) and the statement shall cover the calendar year ending the immediately preceding December thirty-first (31st); provided that any member of the Board of Aldermen may supplement the financial interest statement to report additional interests acquired after December thirty-first (31st) of the covered year until the date of filing of the financial interest statement. (Ord. No. 325 §§1─5, 8-30-04; Ord. No. 358 §3, 1-9-06)
ARTICLE II. CITY CLERK
SECTION 115.090: CITY CLERK─ELECTION─DUTIES
A. The Board of Aldermen shall elect a Clerk for such Board, to be known as "the City Clerk", whose duties and term of office shall be fixed by ordinance. Among other things, the City Clerk shall keep a journal of the proceedings of the Board of Aldermen. He/she shall safely and properly keep all the records and papers belonging to the City which may be entrusted to his/her care; he/she shall be the general accountant of the City; he/she is hereby empowered to administer official oaths and oaths to persons certifying to demands or claims against the City.
B. The Board of Aldermen shall elect a City Clerk at the first (1st) meeting of the Board in each fiscal year who shall hold office for one (1) year and until his/her successor is elected and qualified. (CC 1979 §21.400)
SECTION 115.093: TEMPORARY CITY CLERK
A. Upon temporary disability or inability of the City Clerk to perform his/her duties as set forth in this Code or other ordinances of the City due to illness, absence from the City or other cause, the Board of Aldermen shall, in the same manner as the City Clerk is elected as set forth in Section 115.090, proceed to elect a temporary City Clerk who shall have the same powers and duties as the regular City Clerk and shall hold office until the disability of the City Clerk is removed.
B. Such temporary City Clerk shall receive as compensation such salary as the Board of Aldermen shall provide for at the time of the election of such officer. (CC 1979 §21.440)
SECTION 115.094: DEPUTY CITY CLERK
The Mayor may appoint a Deputy City Clerk to be approved by the Board of Aldermen and when such Deputy City Clerk shall have taken and subscribed to the oath provided by this Code, he/she shall possess all the qualifications and powers and be charged with the same duties as the City Clerk. (CC 1979 §21.445)
ARTICLE III. CITY TREASURER/FINANCE OFFICER
SECTION 115.095: APPOINTMENT
The Mayor, with the advice and consent of the Board of Aldermen, at the first (1st) meeting of the Board in each fiscal year shall appoint a suitable person as City Treasurer and ex officio purchasing agent who shall hold office for one (1) year and until his/her successor is appointed and qualified. (CC 1979 §21.700)
SECTION 115.100: TREASURER─DUTIES─BOND
The Treasurer shall receive and safely keep all monies, warrants, books, bonds and obligations entrusted to his/her care, and shall pay over all monies, bonds or other obligations of the City on warrants or orders, duly drawn, passed or ordered by the Board of Aldermen, and signed by the Mayor and attested by the City Clerk, and having the Seal of the City affixed thereto, and not otherwise; and shall perform such other duties as may be required of him/her by ordinance. Before entering upon the duties of his/her office, he/she shall give bond in the amount of twenty-five thousand dollars ($25,000.00). (CC 1979 §21.730; Ord. No. 196, 1-9-95)
SECTION 115.101: BOOKS OF THE CITY
To the maximum extent practicable, the books of the City shall be kept in accordance with approved accounting procedures. (CC 1979 §21.740)
SECTION 115.102: ANNUAL REPORT
The City Treasurer shall report to the Board of Aldermen, at its first (1st) regular meeting held each fiscal year, the amount of receipts and disbursements of the Treasury during the preceding year, the balance remaining to the credit of each fund and constituting the general balance in the Treasury on the first (1st) day of October; also the amount of bonds maturing in the succeeding year for the redemption of which provision must be made, and the amount of money required to pay the interest falling due on the indebtedness of the City during such year. (CC 1979 §21.750)
SECTION 115.103: ACCESS TO OFFICERS' BOOKS─CITY CLERK TO ENJOY SAME
The City Treasurer and City Clerk shall have free access to each other's offices for the inspection of all books, accounts and papers which they respectively contain and free access to all other offices of this City for the inspection of such books, accounts and papers as concern any of their duties. (CC 1979 §21.760)
ARTICLE IV. CITY COLLECTOR
SECTION 115.110: APPOINTMENT─TERM─QUALIFICATIONS
The Mayor, with the advice and consent of the Board of Aldermen, at the first (1st) meeting in each fiscal year shall appoint a suitable person as City Collector who shall hold office for one (1) year and until his/her successor is appointed and qualified. Said Collector may also be the City Clerk. (CC 1979 §21.500)
SECTION 115.120: DUTIES GENERALLY
A. The Collector shall perform all the duties specified in this Code and shall perform such other duties
as may be directed by the City Clerk and/or Mayor.
B. Specific Duties.
B.1. He/she shall coordinate with the County Assessor on tax assessments and billing and extensions in the fall of each year. In addition, he/she will continue to bill delinquent taxes.
§ 115.120 City Officials § 115.151
B.2. He/she shall prepare blank licenses for all purposes for which licenses are required to be issued and, when required, shall cause the same to be issued, signing his/her name and affixing the Seal of the City thereto, and shall keep an account for such licenses and the amount of the license tax thereon.
B.3. He/she shall oversee collection of water and sewer charges.
B.4. He/she shall oversee the keeping of all money received and make appropriate receipts for each, which include the name of payor, amount, date and account to be credited. One (1) of these receipts shall be given to the person making the payment and the other shall be kept. The Clerk shall see that a daily reconciling of money received and receipts is made.
C. Compensation. The City Collector shall receive as compensation for his/her services such sum as may, from time to time, be fixed by ordinance. (CC 1979 §21.520(1─4))
SECTION 115.130: COLLECTOR TO MAKE ANNUAL REPORT
The Collector shall, annually, at such times as may be designated by ordinance, make a detailed report to the Board of Aldermen stating the various monies collected by him/her during the year, and the amounts uncollected, and the names of the persons from which he/she failed to collect and the causes therefor.
SECTION 115.140: DEPUTY COLLECTOR
The Mayor may appoint a Deputy Collector to be approved by the Board of Aldermen, and when such Deputy Collector shall have taken and subscribed to the oath provided by this Code, he/she shall possess all the qualifications and powers and be charged with the same duties as the Collector.
ARTICLE V. CITY ATTORNEY
SECTION 115.150: APPOINTMENT─TERM
A. The Mayor, with the advice and consent of the Board of Aldermen, at the first (1st) meeting after each annual City election shall appoint a suitable person as City Attorney who shall hold office for one (1) year, unless sooner removed from office, and until his/her successor is appointed and qualified.
B. Qualifications. No person shall be appointed to the office of City Attorney unless he/she be a licensed and practicing attorney at law in this State. (CC 1979 §21.300)
SECTION 115.151: DUTIES GENERALLY
The City Attorney shall, in addition to his/her other duties which are or may be required by this Code or other ordinance, when ordered by the Mayor or Board of Aldermen to do so, prosecute or defend all suits and actions originating or pending in any court of this State to which the City is a party, or in which the City is interested.
B.1. It shall be the duty of the City Attorney to prosecute all persons charged with a violation of this Code or other ordinance of the City in contested cases.
B.2. The City Attorney shall make, and he/she is hereby authorized and empowered to make, affidavits on behalf of the City in all cases where the same may be necessary in taking an appeal or change of venue or any other matter necessary to proper legal proceedings.
B.3. The City Attorney shall give his/her written opinion to City Officials only after being so requested by the Board of Aldermen. (CC 1979 §21.320)
SECTION 115.152: REPORT TO BOARD OF ALDERMEN
A. The City Attorney shall attend meetings of the Board of Aldermen unless excused by the Mayor or majority of the Board of Aldermen. Any member of the Board of Aldermen may at any time call upon the City Attorney for an oral or written opinion to decide any question of law relating directly to the City or its business, but not to decide upon any parliamentary rules or to resolve any dispute over the propriety of proposed legislative action.
B. The City Attorney shall report to the Board of Aldermen the condition of any matters pending or unsettled in the City Municipal Court or any other proceeding pending in any other court of which he/she may have charge under orders of the Mayor or Board of Aldermen. (CC 1979 §21.330)
SECTION 115.153: TEMPORARY ABSENCE─ACTING CITY ATTORNEY
In case of absence, sickness or other inability of the City Attorney to attend court, or when, before assuming his/her official duties, he/she shall have been counsel adverse to the City, he/she shall inform the Mayor thereof, in writing, and the Mayor shall appoint some other attorney to represent the City in such cases or during temporary absence, sickness or inability. Should the City Attorney fail, neglect or refuse to give such notice, as above provided, and the interests of the City in case of such failure, neglect or refusal need the immediate services of an attorney, then the Mayor may appoint some other attorney to attend to such cases, who shall receive the compensation allowed to the City Attorney for like services. (CC 1979 §21.340)