Laddonia Missouri

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Chapter 115

CITY OFFICIALS

ARTICLE I

General Provisions

Section 115.010. Elective Officers — Terms.

The elective officers of the City and their terms shall be those set out in Section 105.020 of this Code.

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 City Treasurer, City Attorney, Chief of Police, Police Officers, City Collector 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.

Section 115.030. Removal of Officers.

A. 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 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 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.

B. Nothing in this Section shall be construed to authorize the Mayor, with the consent of the majority of all the members elected to the Board of Aldermen, or the Board of Aldermen by a two-thirds vote of all its members, to remove or discharge any chief, as that term is defined in Section 106.273, RSMo.

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. The bond provisions of this Section may be satisfied by the securing of a blanket bond or blanket bonds, approved by the Board of Aldermen, covering such officers by name or position.

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 Offices of Mayor and Aldermen — 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 fulfill the term of the elected official being replaced.

Section 115.080. Powers and Duties of Officers To Be Prescribed By Ordinance.

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.

ARTICLE II

City Clerk

Section 115.090. City Clerk — Election — Duties.

The Board of Aldermen shall elect a Clerk for such Board of Aldermen, 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.

Section 115.095. City Clerk Job Description and Duties. [Ord. No. 421 §3, 10-14-2013]

A. Eligibility For Office. No person shall be eligible to the office of City Clerk who is not twenty-one (21) years of age, a citizen of the United States, and an inhabitant and resident of Audrain County, Missouri, for at least one (1) year before his/her election; nor shall any person be elected City Clerk who is in arrears for any tax lien, forfeiture or defalcation in office.

B. Oath Of Office. The City Clerk, shall, before entering upon the duties of the office, take and subscribe an oath or affirmation that he/she possesses all the qualifications prescribed for the office by law, and that he/she will support the Constitution of the United States and of the State, the provisions of all laws of this State affecting Cities of the Fourth Class, and this Code and other ordinances of this City, and faithfully demean himself/herself in office.

C. Bond Required. Within fifteen (15) days after the election and before entering upon the discharge of the duties of the office of City Clerk, the Clerk shall be bonded by the City in the amount of fifty thousand dollars ($50,000.00) with such surety as may be approved by the Board of Aldermen, conditioned upon the faithful performances of his/her duty and that he/she will pay over all money belonging to the City as provided by law that may come into his/her hands. The City shall pay all surety bonds required by ordinance.

D. Term Of Office. The City Clerk shall hold office for a term of two (2) years, at the pleasure of the Mayor and the Board of Aldermen, or until such time as his/her replacement is hired.

ARTICLE III

City Treasurer

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 fifty thousand dollars ($50,000.00).

Section 115.105. City Treasurer Job Description and Duties. [Ord. No. 421 §5, 10-14-2013]

A. Eligibility For Office. No person shall be eligible to the office of City Treasurer who is not twenty-one (21) years of age, a citizen of the United States, and an inhabitant and resident of the Audrain County, Missouri, for at least one (1) year before his/her election; nor shall any person be elected City Treasurer who is in arrears for any tax lien, forfeiture or defalcation in office.

B. Oath Of Office. The Treasurer, shall, before entering upon the duties of the office, take and subscribe an oath or affirmation that he/she possesses all the qualifications prescribed for the office by law, and that he/she will support the Constitution of the United States and of the State, the provisions of all laws of this State affecting Cities of the Fourth Class, and this Code and other ordinances of this City, and faithfully demean himself/herself in office.

C. Bond Required. Within fifteen (15) days after the election and before entering upon the discharge of the duties of the office of City Treasurer, the Treasurer shall be bonded by the City in the amount of fifty thousand dollars ($50,000.00) with such surety as may be approved by the Board of Aldermen, conditioned upon the faithful performances of his/her duty and that he/she will pay over all money belonging to the City as provided by law that may come into his/her hands. The City shall pay all surety bonds required by ordinance.

D. Term Of Office. The City Treasurer shall hold office for a term of two (2) years, at the pleasure of the Mayor and the Board of Aldermen, or until such time as his/her replacement is hired.

ARTICLE IV

City Collector

Section 115.110. Appointment.

The Mayor with the approval of a majority of the members of the Board of Aldermen shall appoint a City Collector.

Section 115.120. City Collector Job Description and Duties. [Ord. No. 421 §4, 10-14-2013]

A. Election — Qualifications. No person shall be eligible to the office of City Collector who is not twenty-one (21) years of age, a citizen of the United States, and an inhabitant and resident of the Audrain County, Missouri, for at least one (1) year before his/her election; nor shall any person be elected City Collector who is in arrears for any tax lien, forfeiture or defalcation in office. The City Collector shall hold office for a term of two (2) years, at the pleasure of the Mayor and the Board of Aldermen, or until such time as his/her replacement is hired.

B. Oath. The Collector, shall, before entering upon the duties of the office, take and subscribe an oath or affirmation that he/she possesses all the qualifications prescribed for the office by law, and that he/she will support the Constitution of the United States and of the State, the provisions of all laws of this State affecting Cities of the Fourth Class, and this Code and other ordinances of this City, and faithfully demean himself/herself in office.

C. Bond Required. Within fifteen (15) days after the election and before entering upon the discharge of the duties of the office of City Collector, the Collector shall be bonded by the City in the amount of fifty thousand dollars ($50,000.00) with such surety as may be approved by the Board of Aldermen, conditioned upon the faithful performances of his/her duty and that he/she will pay over all money belonging to the City as provided by law that may come into his/her hands. The City shall pay all surety bonds required by ordinance.

D. Term Of Office. The City Collector shall hold office for a term of two (2) years, at the pleasure of the Mayor and the Board of Aldermen, or until such time as his/her replacement is hired.

Section 115.130. 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.

Section 115.140. (Reserved)

ARTICLE V

City Attorney

Section 115.150. Office Created. [Ord. No. 378 §1]

The City of Laddonia shall create the office of “City Attorney of the City of Laddonia, Missouri,” hereafter to be known as the “City Attorney,” for the hiring, retention and termination of a licensed attorney of the State of Missouri to represent the City of Laddonia, Missouri. The City Attorney shall be appointed as set out in Section 115.020.

Section 115.160. Term; Compensation. [Ord. No. 378 §3]

The City Attorney shall serve from year to year upon the terms and conditions contained in an agreement entered into by and between the Mayor of the City of Laddonia, Missouri, and the City Attorney. The City Attorney shall be paid for services as provided in the contract for services. Failure to execute a contract for services shall cause the last contract executed by the Mayor of the City of Laddonia and the City Attorney to continue in force and effect until such time as the parties shall either terminate their relationship or execute a new agreement.

Section 115.170. Termination. [Ord. No. 378 §4]

The City Attorney may be terminated by the Mayor with the consent of a majority of the members of the Board of Aldermen. Termination shall be effective ten (10) days following the vote of the Board of Aldermen. The City Attorney may resign at any time upon at least twenty (20) days’ notice to the Mayor and the Board of Aldermen.

Section 115.180. (Reserved)

ARTICLE VI

Miscellaneous Provisions

Section 115.190. Officers To Report Receipts and Expenditures.

It shall be the duty of all the officers of the City to report annually to the Board of Aldermen, such reports to embrace a full statement of the receipts and expenditures of their respective offices and such other matters as may be required by the Board of Aldermen by ordinance, resolution or otherwise.

Section 115.200. Mayor or Board of Aldermen May Inspect Books and Records of Officers.

The Mayor or Board of Aldermen shall have power, as often as he/she or they may deem it necessary, to require any officer of the City to exhibit his/her accounts or other papers or records and to make report to the Board of Aldermen, in writing, touching any matter relating to his/her office.

ARTICLE VII

Personnel Manual

Section 115.210. Adoption of Personnel Manual. ¹ [Ord. No. 327 §§I-III, 3-11-2000]

The Personnel Manual as adopted will be used by the City of Laddonia, Missouri, in its present form unless later changes are made by the Board of Aldermen, after due consideration.