City of Harrisonville, MO
Cass County
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Table of Contents
Table of Contents
Article I In General

Section 110.010 Composition of Board.

Section 110.020 Aldermen Qualifications and Term in Office.

Section 110.030 Mayor Qualifications and Term in Office.

Section 110.040 Board To Select An Acting President — Term.

Section 110.050 Acting President To Perform Duties of Mayor — When.

Section 110.060 Mayor and Board — Duties.

Section 110.070 Mayor May Sit in Board.

Section 110.080 Ordinances — Procedure To Enact.

Section 110.090 Bills Must Be Signed — Mayor's Veto.

Section 110.100 Board To Keep Journal of Proceedings.

Section 110.110 Board Shall Publish Semi-Annual Statements.

Section 110.120 No Money of City To Be Disbursed Until Statement Is Published — Penalty.

Section 110.130 Board May Compel Attendance of Witnesses — Mayor To Administer Oaths.

Section 110.140 Mayor To Sign Commissions.

Section 110.150 Mayor Shall Have The Power To Enforce Laws.

Section 110.160 Mayor — Communications To Board.

Section 110.170 Discipline Standards For Aldermen.

Article II Board of Aldermen Meetings

Section 110.180 Regular Meetings.

Section 110.185 Public Notice Of Public Meetings; Opportunity To Be Heard.

Section 110.186 Presiding Officer To Call Board To Order.

Section 110.187 Roll Call.

Section 110.188 Quorum.

Section 110.189 Public Meetings; Order of Business.

Section 110.190 Reading of Minutes.

Section 110.191 Procedure For Addressing Chair; Improper Reference To Be Avoided.

Section 110.192 Interruptions of Speaker.

Section 110.193 Privilege of Closing Debate.

Section 110.194 Motion To Reconsider.

Section 110.195 Requests of Board To Have Remarks Entered In Minutes.

Section 110.196 Summary of Debate.

Section 110.197 Procedure and Conditions For Private Citizen To Address Board.

Section 110.198 Addressing Board After Motion Is Made.

Section 110.199 Decorum Required of Board of Aldermen and Other Persons.

Section 110.200 Regular Meetings May Be Adjourned.

Section 110.210 Special Meetings.

Section 110.220 Quorum, Adjourned Meetings.

Section 110.230 Conduct of Meetings.

Section 110.010 Composition of Board.

[CC 1977 §2-26; Rev. Ords. 1939 Ch. 4 Art. 1 §2]
The Board of Aldermen shall be composed of eight (8) members, two (2) elected from each ward in the City.

Section 110.020 Aldermen Qualifications and Term in Office.

[CC 1977 §2-35; Ord. No. 237-B §2, 10-9-1939; Ord. No. 2769(29-02) §1, 4-15-2002; Ord. No. 3259 §2, 11-18-2013]
No person shall be an Alderman unless he/she is at least twenty-one (21) 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 of the ward from which he/she is elected. Pursuant to Section 79.050, RSMo. and a vote of the citizens of Harrisonville on April 2, 2002, Aldermen shall be elected for a term of four (4) years.

Section 110.030 Mayor Qualifications and Term in Office.

[CC 1977 §2-34; Rev. Ords. 1939 Ch. 5 Art. 1 §1; Ord. No. 2768(28-02) §1, 4-15-2002; Ord. No. 3259 §2, 11-18-2013]
No person shall be Mayor unless he/she is at least twenty-five (25) years of age, a citizen of the United States and a resident of the City at the time for at least one (1) year next preceding his/her election. Pursuant to Section 79.050, RSMo. and a vote of the citizens of Harrisonville on April 2, 2002, the Mayor shall be elected for a term of four (4) years.

Section 110.040 Board To Select An Acting President — Term.

The Board shall in April elect one (1) of their own number who shall be styled "Acting President of the Board of Aldermen" and who shall serve for a term of one (1) year.

Section 110.050 Acting President To Perform Duties of Mayor — When.

[Ord. No. 3259 §2, 11-18-2013]
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 Pro Tem may move, second and debate when he/she is serving as the presiding officer and shall not be deprived of any of the rights and privileges of a Board member.

Section 110.060 Mayor and Board — Duties.

The Mayor and Board of Aldermen 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.

Section 110.070 Mayor May Sit in Board.

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.

Section 110.080 Ordinances — Procedure To Enact.

[Ord. No. 3259 §2, 11-18-2013]
The style of the ordinances of the City shall be: “Be it ordained by the Board of Aldermen of the City of Harrisonville, 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. No ordinance shall be passed to a second reading unless, after the first reading of either the title of the ordinance or a full reading of the ordinance, a majority of the elected Board of Aldermen votes to pass the ordinance to a second reading at the same meeting. If the majority of the elected Board of Aldermen does not vote to pass the ordinance to a second reading then the ordinance shall be tabled until the following meeting. 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.

Section 110.090 Bills Must Be Signed — Mayor's Veto.

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.

Section 110.100 Board To Keep Journal of Proceedings.

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.

Section 110.110 Board Shall Publish Semi-Annual Statements.

[Ord. No. 3259 §2, 11-18-2013]
The Board of Aldermen shall semi-annually each year, within ninety (90) days of the reporting period, 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.

Section 110.120 No Money of City To Be Disbursed Until Statement Is Published — Penalty.

[Ord. No. 3259 §2, 11-18-2013]
In the event the financial statement of the City is not published as required by Section 110.110, 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.

Section 110.130 Board May Compel Attendance of Witnesses — Mayor To Administer Oaths.

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.

Section 110.140 Mayor To Sign Commissions.

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.

Section 110.150 Mayor Shall Have The Power To Enforce Laws.

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.

Section 110.160 Mayor — Communications To Board.

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.

Section 110.170 Discipline Standards For Aldermen.

[CC 1977 §2-37; Ord. No. 2328 §1, 12-9-1996]
A. 
Causes For Disciplinary Action.
1. 
Incompetence or inability to perform the duties as required.
2. 
Offensive conduct that brings discredit upon the City.
3. 
Misappropriation, destruction, theft or conversion of City property.
4. 
Conviction or admission to crime involving moral turpitude.
5. 
Conviction of two (2) or more misdemeanor violations which reflect a disregard for the law.
6. 
Including or attempting to induce any officer or employee in the City service to commit an illegal act or to act in violation of any departmental order.
7. 
Solicitation or acceptance for personal use of any fee, gift or other valuable thing in the course of service as an Alderman by any person in expectation of receiving more favorable treatment or a favorable vote.
8. 
Any undisclosed conflict of interest which discredits the Board of Aldermen.
9. 
Failure to attend four (4) consecutive regular Board meetings or six (6) regular meetings within a twelve (12) month period. When considering whether to take action, the Board may consider an explanation or if the absence was "excused" (i.e., medical or family emergency).
B. 
Procedure For Investigation Hearing And Discipline.
1. 
Any Board member may initiate an investigation by introducing a motion requesting a committee to be appointed by the Mayor or Acting President of the Board of Aldermen to investigate the alleged offense. The committee must be appointed on the next regular or special meeting of the Board.
a. 
If the conduct of more than one (1) Alderman is at issue, the investigation may be combined to investigate all conduct, however, any vote regarding whether to charge, discipline, etc., will address each Board member individually.
2. 
After appointment, the committee members must be approved by a majority of individual roll call vote of the Board. The accused Board member may not vote on this issue or any subsequent vote related to the investigation or discipline.
3. 
The committee will:
a. 
Consist of three (3) Board members.
b. 
Elect a Chairperson to Chair all committee meetings and to report to the full Board.
c. 
Discretely investigate the alleged offense, including a conference with the accused and the accuser(s).
d. 
After compilation, present a motion to the full Board to exonerate or to charge. The motion should be supported by specific information regarding the alleged offense.
4. 
The Board will then vote on the motion to exonerate or to charge.
a. 
If the Board votes to exonerate, the matter is resolved.
b. 
If the Board votes to charge, a time and date is set for a hearing.
(1) 
The accused shall be notified by certified mail of the charge and the time and date of the hearing.
(2) 
The Chair of the investigatory committee shall represent the committee at the hearing.
5. 
The hearing.
a. 
The hearing, if possible, should be a closed meeting; witnesses other than Board members should only be present for their testimony.
b. 
The Mayor, Acting President of the Board of Aldermen or Presiding Officer should read the charge and the accused should enter a plea.
(1) 
If the plea is guilty, the Board should move to the discipline phase.
(2) 
If the plea is not guilty, the hearing should continue.
c. 
Both the accused and the Chair of the investigatory committee shall be allowed to speak and present witnesses. Neither party is bound by the rules of evidence.
d. 
At the conclusion of the evidence, the Board should debate in accordance with Board rules and Robert's Rules of Order and then vote on guilty or innocent.
(1) 
If the vote is innocent, the matter is resolved.
(2) 
If the vote is guilty, the hearing moves into the discipline phase.
6. 
The disciplinary phase.
a. 
The Board may choose a punishment that it deems acceptable. Punishment could include one (1) or more of the following:
(1) 
No discipline.
(2) 
Public or private reprimand.
(3) 
Public or private apology.
(4) 
Impeachment.
b. 
All punishment requires a majority vote of the Board except impeachment which requires a two-thirds (2/3) vote.
(1) 
A member who has been charged is deprived of all rights of membership including voting rights and a two-thirds (2/3) vote would not include the charged member. Therefore, with eight (8) Aldermen, a two-thirds (2/3) vote would require five (5) votes of the remaining Aldermen.
(2) 
A motion for impeachment should only contain one (1) name. If a motion for impeachment contains more than one (1) name, then all members are entitled to vote in order to prevent a minority group from expelling members from the Board.
c. 
The accused should be summoned and informed of the Board's decision on guilt or innocence and discipline. The Board member must carry out the ordered discipline within ten (10) days or the Board must reconvene to consider additional or more severe discipline.

Section 110.180 Regular Meetings.

[CC 1977 §2-27; Rev. Ords. 1939 Ch. 4 Art. 1 §2; Ord. No. 1571 §1, 2-2-1987; Ord. No. 2350 §1, 2-24-1997; Ord. No. 2560 §1, 12-14-1998; Ord. No. 3259 §2, 11-18-2013]
The regular meeting night of the Board of Aldermen shall be the first and third Mondays of each month at 7:00 P.M, provided that when the day fixed for any regular meeting of the Board falls upon a day designated by law as a legal or national holiday, such meeting shall be held at the same hour on the next succeeding day not a holiday, unless otherwise provided by the Board.

Section 110.185 Public Notice Of Public Meetings; Opportunity To Be Heard.

[Ord. No. 3259[1] § 1, 11-18-2013]
A. 
Public notice of all regular and special public meetings conducted by the City Board or any other board or commission of the City, except for emergency meetings, shall be given by posting the agenda for such meeting at City Hall in a place accessible to the general public at least twenty-four (24) hours prior to convening the meeting.
B. 
For any public meeting where a vote of the governing body is required to implement a tax increase, or with respect to a retail development project when the governing body votes to utilize the power of eminent domain, create a transportation development district or a community improvement district, or approve a redevelopment plan that pledges public funds as financing for the project or plan, the governing body of the City, or any entity created by the City, shall give notice at least four (4) days before such entity may vote on such issues, exclusive of weekends and holidays when the facility is closed, provided that this section shall not apply to any votes or discussion related to proposed ordinances which require a minimum of two (2) separate readings on different days for their passage. No vote shall occur until after a public meeting on the matter at which parties in interest and citizens shall have an opportunity to be heard. If the notice required under this section is not properly given, no vote on such issues shall be held until proper notice has been provided under this section. For the purpose of this section, a tax increase shall not include the setting of the annual tax rates provided for under Sections 67.110 and 137.055, RSMo.
[1]
Editor's Note: This ordinance also provided for the renumbering of Sections 110.190 through 110.220 as Sections 110.200 through 110.230, respectively.

Section 110.186 Presiding Officer To Call Board To Order.

[Ord. No. 3259 §2, 11-18-2013]
The Mayor shall take the Chair precisely at the hour appointed for the meeting and shall immediately call the Board to order.

Section 110.187 Roll Call.

[Ord. No. 3259 §2, 11-18-2013]
Before proceeding with the business of the Board, the City Clerk or the City Clerk's deputy shall call the roll of members, and the names of those present shall be entered in the minutes.

Section 110.188 Quorum.

[Ord. No. 3259 §2, 11-18-2013]
Five (5) members of the Board shall constitute a quorum at any regular or special meeting of the Board; the Mayor shall not be included in calculating the quorum. No action shall be valid without a majority of the Board is present, or as otherwise provided in this Code or by State Law, shall vote in favor of such action.

Section 110.189 Public Meetings; Order of Business.

[Ord. No. 3259 §2, 11-18-2013]
A. 
All meetings of the Board are open to the public. Promptly at the hour set by law on the day of each regular meeting, the members of the Board, the City Clerk, City Attorney and City Administrator shall take their customary places in the Board Chambers and the business of the Board shall be taken up for consideration and disposition in the following order:
1. 
Call to order/Pledge of Allegiance.
2. 
Roll call.
3. 
Ceremonial matters.
4. 
Public participation.
5. 
Approval of minutes.
6. 
Agenda items.
7. 
Aldermen and committee reports.
8. 
Report from the City Administrator.
9. 
Questions from the media.
10. 
Adjourn to Executive Session.
11. 
Adjourn from Regular Session.

Section 110.190 Reading of Minutes.

[Ord. No. 3259 §2, 11-18-2013]
Unless a reading of the minutes of a Board meeting is requested by a member of the Board, such minutes may be approved without reading if the Clerk has previously furnished each member with a summary thereof.

Section 110.191 Procedure For Addressing Chair; Improper Reference To Be Avoided.

[Ord. No. 3259 §2, 11-18-2013]
Every member desiring to speak shall address the Chair and, upon recognition by the presiding officer, shall confine himself/herself to the question under debate, avoiding all personalities and indecorous language.

Section 110.192 Interruptions of Speaker.

[Ord. No. 3259 §2, 11-18-2013]
A member, once recognized, shall not be interrupted when speaking unless it is to call such member to order, or as otherwise provided in this Chapter. If a member, while speaking, is called to order, the member shall cease speaking until the question of order is determined, and if in order, the member shall be permitted to proceed.

Section 110.193 Privilege of Closing Debate.

[Ord. No. 3259 §2, 11-18-2013]
The member of the Board moving the adoption of an ordinance or resolution shall have the privilege of closing the debate.

Section 110.194 Motion To Reconsider.

[Ord. No. 3259 §2, 11-18-2013]
A motion to reconsider any action taken by the Board may be made no later than the next regular meeting day after such action was taken. Such motion must be made by one of the prevailing side, but may be seconded by any member, and may be made at any time and have precedence over all other motions or while a member has the floor; it shall be debatable.

Section 110.195 Requests of Board To Have Remarks Entered In Minutes.

[Ord. No. 3259 §2, 11-18-2013]
A member of the Board may request, through the presiding officer, the privilege of having an abstract of such member's statement on any subject under consideration by the Board entered in the minutes. If the Board consents thereto, such statement shall be entered into the minutes.

Section 110.196 Summary of Debate.

[Ord. No. 3259 §2, 11-18-2013]
The Clerk may be directed by the presiding officer, with consent of the Board, to enter in the minutes a summary of the discussion on any question coming regularly before the Board.

Section 110.197 Procedure and Conditions For Private Citizen To Address Board.

[Ord. No. 3259 §2, 11-18-2013]
A. 
Any person desiring to address the Board shall first obtain the recognition of the presiding officer. The following rules shall govern communications and recognition.
1. 
Each person addressing the Board shall give his name and address in an audible tone of voice for the records and, unless further time is granted by the Board, shall limit his/her address to four (4) minutes.
2. 
All remarks shall be addressed to the Board as a body and not to any member thereof. No person, other than the Board and the person having the floor, shall be permitted to enter into any discussion, either directly or through a member of the Board, without the permission of the presiding officer. No question shall be asked of a member of the Board except through the presiding officer.
3. 
Written communications. Interested persons, or their representatives, may address the Board by written communications in regard to any matter concerning the City's business by delivering a copy of such communication to the City Clerk, either before the Board meeting commences or at a recess of such Board meeting, or by reading the written communication themselves.
4. 
Oral communications. Interested persons, or their representatives, may address the Board by oral communications with regard to any matter concerning the City business.

Section 110.198 Addressing Board After Motion Is Made.

[Ord. No. 3259 §2, 11-18-2013]
After a motion is made by a Board member, no person shall address the Board without first securing the permission of the presiding officer to do so.

Section 110.199 Decorum Required of Board of Aldermen and Other Persons.

[Ord. No. 3259 §2, 11-18-2013]
A. 
While the Board is in session, the members must preserve order and decorum, and a member shall neither by conversation or otherwise delay or interrupt the proceedings or the peace of the Board, nor disturb any member while speaking or refuse to obey the orders of the Board or its presiding officer, except as otherwise provided in this Chapter.
B. 
Any person making personal, impertinent or slanderous remarks, or who shall become boisterous while addressing the Board shall be forthwith, by the presiding officer, barred from further audience before the Board during the meeting, unless permission to continue be granted by a majority vote of the Board.

Section 110.200 Regular Meetings May Be Adjourned.

[CC 1977 §2-28; Rev. Ords. 1939 Ch. 41 Art. 1 §6]
The Board of Aldermen may at any regular meeting in any month by motion duly put and carried and entered in the journal, adjourn a regular meeting to a later date in the month, the date to be specified in a motion, and such meeting shall be known as the regular adjourned meeting for the month.

Section 110.210 Special Meetings.

[CC 1977 §2-29; Rev. Ords. 1939 Ch. 4 Art. 1 §2]
The Mayor or any two (2) members of the Board may call special meetings of the Board of Aldermen. All officials of the City shall be properly notified of such special meetings within a reasonable period of time prior thereto.

Section 110.220 Quorum, Adjourned Meetings.

[CC 1977 §2-30; Rev. Ords. 1939 Ch. 4 Art. 1 §2; Ord. No. 3259 §2, 11-18-2013]
A majority of the Board of Aldermen elected shall constitute a quorum to do business, but a lesser number may adjourn from time to time.

Section 110.230 Conduct of Meetings.

[CC 1977 §2-32]
All meetings of the Board of Aldermen shall be governed by the provisions of Robert's Rules of Order.