Chapter 115:CITY OFFICIALS

ARTICLE I: General Provisions

Section 115.010. Elective Officers, Terms. [1] [CC 1984 §21.100; Ord. No. 850 §§1 — 3, 5-13-2003]

A. 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, Board of Aldermen, City Collector and Municipal Judge.

B. The Board of Aldermen may provide by ordinance that the term of the Board of Aldermen shall be four (4) years. Such ordinance shall be submitted by the Board to the voters of the City and shall take effect only upon the approval of a majority of the voters voting at an election at which the issue is submitted. Any person elected to the Board of Aldermen after the passage of such an ordinance shall serve for a term of four (4) years and until his/her successor is elected and qualified.

Section 115.020. Appointive Officers. [CC 1984 §§21.100 — 21.110; Ord. No. 850 §1, 5-13-2003]

A. 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, City Engineer, Building Inspector, Fire Chief and Street Superintendent, 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.

B. Term Of Appointive Officers. All appointive officers shall be appointed to serve at the pleasure of the Mayor and Board of Aldermen.

Section 115.025. Appointed Advisory Boards. [Ord. No. 07-958 §1, 4-16-2008]

A. The Mayor, with the consent and approval of the majority of the members of the Board of Aldermen, shall have power to appoint members to any and all advisory boards as deemed in the best interest of the City. Each board will have a defined number of members, and each shall be appointed to serve at the pleasure of the Mayor and Board of Aldermen.

B. An advisory board and City shall operate in harmony regarding daily operation of the enterprise; enterprise budget; matters of policy and procedures; employment of enterprise personnel.

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 (⅔ 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 (⅔ 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. Commission to Be Delivered. [CC 1984 §21.140]

Upon filing of the oath of office and approval of bond, when bond is required, the City Clerk shall deliver to the person elected or appointed a commission signed by the Mayor, and under the Seal of the City, duly countersigned by the Clerk, authorizing the person therein named to discharge the duties of the office therein named for the term for which he/she was appointed or elected.

Section 115.070. Administration of Oaths. [CC 1984 §21.160]

A. The Mayor, Municipal Judge and City Clerk are hereby empowered and authorized to administer oaths or affirmations in the following cases:

The Mayor, to witnesses or other persons concerned with any subject under consideration by the Board of Aldermen in which the interest of the City is involved.
The Municipal Judge, to witnesses, jurors, or other persons relating to any trial or other proceedings within the jurisdiction of his/her court.
The City Clerk, to any person certifying to any demand or claim against the City concerning the correctness of the same.

Section 115.080. Salaries Fixed by Ordinance.

The Board of Aldermen shall fix the compensation of all the officers and employees of the City, by ordinance. But the salary of an officer shall not be changed during the time for which he/she was elected or appointed.

Section 115.090. Vacancies in Certain Offices, How Filled. [CC 1984 §21.170]

A. 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. 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.

B. Immediately upon the suspension of an officer it shall be the duty of the Mayor to appoint a competent and responsible person to discharge the duties of such officer for the period of the suspension.

Section 115.100. 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. And bonds may be required of any such officers for faithfulness in office in all respects.

ARTICLE II

City Administrator

Section 115.101. Office of City Administrator. [Ord. No. 796 §1, 10-23-2001]

There is hereby created and established the office of City Administrator for the City of La Plata, Missouri.

Section 115.102. Appointment and Tenure. [Ord. No. 796 §2, 10-23-2001]

The Mayor shall appoint a qualified person City Administrator for the City of La Plata; such appointment shall be approved by a majority of the City Council. The person so appointed shall serve for an indefinite term.

Section 115.103. Qualifications. [Ord. No. 796 §3, 10-23-2001]

The person appointed to the office of City Administrator shall be at least twenty-one (21) years of age and shall reside within reasonable distance of the City of La Plata. The City Administrator position requires a degree in public or municipal administration, or a combination of education and experience equivalent to desired qualifications.

Section 115.104. Bond. [Ord. No. 796 §4, 10-23-2001]

The City Administrator, before entering upon the duties of his office, shall file with the City a bond in the amount of fifty thousand dollars ($50,000.00); such bond shall be approved by the City Council and such bond shall insure the City of La Plata for the faithful and honest performance of the duties of the City of La Plata and for rendering a full and proper account to the City of La Plata for funds and property that shall come into the possession or control of the City Administrator. The cost of such bond shall be paid by the City of La Plata; however, should the City Administrator be covered by a blanket bond to the same extent, such individual bond shall not be required.

Section 115.105. Compensation. [Ord. No. 796 §5, 10-23-2001]

The City Administrator shall receive such compensation as may be determined from time to time by the City Council and such compensation shall be payable bi-weekly.

Section 115.106. Removal of City Administrator. [Ord. No. 796 §6, 10-23-2001]

The City Administrator shall serve at the pleasure of the appointing authority. The Mayor, with the consent of a majority of the City Council, may remove the City Administrator from office at will, and such City Administrator also may be removed by a (local preference) vote of the City Council independently of the Mayor's approval or disapproval.

Section 115.107. Duties. [Ord. No. 796 §7, 10-23-2001]

A. Administrative Office. The City Administrator shall be the Chief Administrative Assistant to the Mayor and as such shall be the Administrative Officer of the City Government. Except as otherwise specified by ordinance or by the law of the State of Missouri, the City Administrator shall coordinate and generally supervise the operation of all departments of the City of La Plata.

B. Purchasing. The City Administrator shall be the purchasing agent for the City of La Plata and all purchases amounting to less than five hundred dollars ($500.00) shall be made under his direction and supervision, and all such purchases shall be made in accordance with purchasing rules and procedures approved by the City Council.

C. Budget. The City Administrator shall be the Budget Officer of the City of La Plata and shall assemble estimates of the financial needs and resources of the City for each ensuing year and shall prepare a program of activities within the financial power of the City, embodying in it a budget document with proper supporting schedules and an analysis to be proposed to the Mayor and City Council for their final approval.

D. Financial Reports. The City Administrator shall make monthly reports to the Mayor and City Council relative to the financial condition of the City. Such reports shall show the financial condition of the City in relation to the budget.

E. Annual Report. The City Administrator shall prepare and present to the Mayor and City Council an annual report of the City's affairs, including in such report a summary of reports of department heads and such other reports as the Mayor and City Council may require.

F. Personnel Systems. The City Administrator shall act as the Personnel Officer of the City and shall recommend an appropriate position classification system and pay plan to the Mayor and City Council. The City Administrator, after consultation with department heads, shall approve advancements and appropriate pay increases within the approved pay plans and position classification system. The City Administrator shall have the power to appoint and remove (in accordance with Personnel System regulations approved by the City Council) all subordinate employees of the City of La Plata. The City Administrator shall make recommendations of appointment and removal of department heads.

G. Policy Formulation. The City Administrator shall recommend to the Mayor and City Council adoption of such measures, as he may deem necessary or expedient for the health, safety or welfare of the City or for the improvement of administrative services for the City.

H. City Council Agenda. The City Administrator shall submit to the Mayor and City Council a proposed agenda for each Council meeting at least forty-eight (48) hours before the time of the regular Council meeting.

I. Boards And Committees. The City Administrator shall work with all City boards and committees to help coordinate the work of each.

J. Attend City Council Meetings. The City Administrator shall attend all meeting of the City Council.

K. Bid Specifications. The City Administrator shall supervise the preparation of all bid specifications for services and equipment and receive sealed bids for presentation to the City Council.

L. State And Federal Aid Programs. The City Administrator shall coordinate Federal and State programs that may have application to the City of La Plata.

M. Conference Attendance. The City Administrator shall attend State and regional conferences and programs applicable to his office, and the business of the City of La Plata, whenever such attendance is directed and approved by the City Council and Mayor.

N. Press Releases. The City Administrator shall be responsible for keeping the public informed in the purposes and methods of City Government through all available news media.

O. Record Keeping. The City Administrator shall keep full and accurate records of all actions taken by him in the course of his duties, and he shall safely and properly keep all records and papers belonging to the City of La Plata and entrusted to his care; all such records shall be and remain the property of the City of La Plata and be open to inspection by the Mayor and City Council at all times.

P. Miscellaneous. In addition to the foregoing duties, the City Administrator shall perform any and all other duties or functions prescribed by the Mayor and City Council.

Section 115.108. Powers of City Administrator. [Ord. No. 796 §8, 10-23-2001]

A. City Property. The City Administrator shall have responsibility for all real and personal property of the City of La Plata. He shall have responsibility for all inventories of such property and for the upkeep of all such property. Personal property may be sold by the City Administrator only with approval of the City Council. Real property may be sold only with the approval of the City Council by resolution or ordinance.

B. Set Administrative Policies. The City Administrator shall have the power to prescribe such rules and regulations as he shall deem necessary or expedient for the conduct of administrative agencies subject to his authority, and he shall have the power to revoke, suspend or amend any rule or regulation of the administrative service except those prescribed by the City Council.

C. Coordinate Departments. The City Administrator shall have the power to coordinate the work of all the departments of the City, and, at times of an emergency, shall have authority to assign the employees of the City to any department where they are needed for the most effective discharge of the functions of City Government.

D. Investigate And Report. The City Administrator shall have the power to investigate and to examine or inquire into the affairs or operation of any department of the City under his jurisdiction and shall report on any condition or fact concerning the City Government requested by the Mayor or City Council.

E. Coordinate Officials. The City Administrator shall have the power to overrule any action taken by a department head and may supersede him in the functions of his office.

F. Appear Before The City Council. The City Administrator shall have the power to appear before and address the City Council at any meeting.

G. At no time shall the duties or powers of the City Administrator supersede the action by the Mayor and City Council.

Section 115.109. Interference by Members of the City Council. [Ord. No. 796 §9, 10-23-2001]

No member of the City Council shall directly interfere with the conduct of any department or duties of employees subordinate to the City Administrator except at the express direction of the City Council or with the approval of the City Administrator.

ARTICLE III

City Clerk

Section 115.110. City Clerk, Election — Duties. [Ord. No. 729 §§1 — 2, 4-11-2000]

The Board of Aldermen shall elect a suitable and qualified person to serve as City Clerk who shall hold office at the pleasure of the Council. Among other things, the City Clerk shall keep a journal of the proceeding 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 115.120. Duties, Generally. [CC 1984 §21.610; Ord. No. 729 §3, 4-11-2000]

A. The City Clerk shall, in addition to other duties which are or may be required of him/her by this Code or other ordinance, attend all meetings of the Board of Aldermen.

He/she shall have the custody of the books, records, papers and documents belonging to the City.
He/she shall prepare all certificates of election or appointment of the City Officers, and deliver the same to the persons elected or appointed.
He/she shall countersign all City bonds, warrants, drafts and orders upon the Treasury for money, and shall see that all ordinances appropriating money out of the Treasury are endorsed by the Treasurer before passage, and shall affix thereto the Seal of the City and keep a record thereof, showing the number, date and amount thereof, the name of the person to whom, and on what account issued, and when redeemed.
He/she shall record the certificates, oaths and bonds of all the City Officers.
He/she shall keep an index of the records of the proceedings of the Board of Aldermen.
He/she shall prepare 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 with the Collector for such licenses and the amount of the license tax thereon.
He/she shall furnish without delay to any person, when called upon during business hours to do so, certified copies of any records, books, or papers which are in his/her custody, for which services a reasonable fee to be set by City ordinance may be charged, and which shall be paid by the person demanding such certified copy into the Treasury of the City, of fifty cents ($0.50) per sheet.
The City Clerk is hereby designated as the custodian who is to be responsible for the maintenance of the records of the City for purposes of complying with Section 610.023, RSMo. The City Clerk shall determine the reasonable fees for providing access to or furnishing copies of the public records in accord with Section 610.026, RSMo.

Section 115.130. Temporary City Clerk. [CC 1984 §21.630]

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 115.110, 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 appointment.

Section 115.140. Deputy City Clerk. [Ord. No. 575 §I, 6-9-1987]

The Mayor with the consent and approval of the Board of Aldermen may appoint a Deputy City Clerk, who shall perform such duties as may be designated by the Board of Aldermen.

ARTICLE IV

City Treasurer

Section 115.150. Appointment. [CC 1984 §21.800]

The Mayor, with the advice and consent of the Board of Aldermen, at the first (1st) meeting after each annual City election may appoint a suitable person as City Treasurer who shall hold office for one (1) year and until his/her successor is appointed and qualified. The City Clerk shall perform the duties of the City Treasurer, if a City Treasurer is not appointed.

Section 115.160. Oath. [CC 1984 §21.810]

Before entering upon the discharge of the duties of his/her office, the City Treasurer shall take and subscribe an oath that he/she possesses all of the qualifications prescribed for his/her office by this Code or other ordinance; that he/she will support the Constitution of the United States and of the State, the provisions of the State law which relate to this City and this Code and other ordinances of the City, and that he/she will faithfully demean himself/herself in office.

Section 115.170. Treasurer, Duties — Bond. [CC 1984 §21.820]

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. Within fifteen (15) days after his/her appointment, and before entering upon the duties of his/her office, he/she shall give bond in the amount of fifteen thousand dollars ($15,000.00).

Section 115.180. Duties, Generally. [CC 1984 §21.830]

The Treasurer shall receive and safely keep all money of the City which may come into his/her hands, and shall disburse the same only upon warrants properly drawn, and which are signed by the Mayor and attested by the City Clerk. He/she shall keep, in a set of books provided for that purpose, a full and accurate account of all money received or disbursed by him/her on behalf of the City specifying the date of receipt or disbursement, from whom received, to whom disbursed and on what account received and disbursed. He/she shall keep a separate account of each fund and appropriation, and the debits and credits belonging thereto. On the last week of each month he/she shall furnish the City Clerk with a written statement showing the balance in the Treasury at the beginning of the month, the amount received during the month and on what account received, the amounts disbursed during the month and on what account disbursed, and the balance remaining to the credit of each fund and constituting the general balance in the Treasury at the close of business on the date when such statement is made as aforesaid. He/she shall receive and safely keep all warrants, bonds and obligations of the City entrusted to his/her care and shall dispose of the same only upon proper authority from the Board of Aldermen, or as provided by this Code or other ordinance. He/she shall provide to the City Collector a copy of the extended taxes by August first (1st), charging the Collector with the amounts of taxes due as shown by tax records; and shall perform suc