[CC 1975 §21.1400; Ord. No. 91-1 §21.1400, 1-8-1991; Ord. No. 01-15 §2, 4-17-2001; Ord. No. 13-59 §2, 12-17-2013]
A. The
Mayor may, with the consent of a majority of all members of the Board
of Aldermen, remove from office any appointed officer at will, and
any such appointed officer may be removed by a two-thirds vote of
all members of the Board of Aldermen, independently of the Mayor's
approval or recommendation.
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 the Chief of Police, as that term
is defined in Section 106.273, RSMo.
[CC 1975 §21.1410; Ord. No. 91-1 §21.1410, 1-8-1991; Ord. No. 01-15 §2, 4-17-2001]
A. The
Mayor may, with the consent of a majority of all members elected to
the Board of Aldermen, remove from office for cause shown any elective
officer of the City, such officer first being given an opportunity,
together with his/her witnesses, to be heard before the Board of Aldermen
sitting as a Board of Impeachment.
B. 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.
[CC 1975 §21.1420; Ord. No. 91-1 §21.1420, 1-8-1991; Ord. No. 01-15 §2, 4-17-2001]
A. Such
charge against elective officers shall be made in writing and shall
be made only by the Mayor or some member of the Board of Aldermen.
B. If
the Board shall deem it expedient to take action upon the charges
made, they shall make an order suspending the officer so charged from
further exercising the function of his/her office; such charges and
order shall be filed with the City Clerk who shall forthwith make
a copy thereof and deliver the same together with the original charge
and order to the Chief of Police or Assistant Chief of Police who
shall at once serve such copies on the accused by delivering the same
to him/her or by leaving them at his/her usual place of abode, and
shall return the original charge and order to the City Clerk with
his/her return in writing of the time, place and manner of such service
endorsed thereon, and the officer so charged shall be suspended from
office from and after such service, until duly acquitted of such charges
or otherwise ordered by the Board of Aldermen.
C. In
case of suspension of the Mayor, as herein provided, the Mayor Pro
Tem shall be vested with the powers and duties of the Mayor until
the disability of said Mayor be removed.
[CC 1975 §21.1430; Ord. No. 91-1 §21.1430, 1-8-1991; Ord. No. 01-15 §2, 4-17-2001]
A. Immediately
upon the suspension of any elective officer, the Board of Aldermen
shall fix a time for hearing the cause and the Chief of Police or
Assistant Chief of Police shall serve the officer so charged with
a written notice of the time and place of hearing such charges in
the usual manner of serving summons as provided for by the Statutes
of the State of Missouri.
B. On
the day set for the hearing of the case, the Board of Aldermen shall
meet and proceed according to such rules as they may adopt, to hear
the evidence against and in favor of the accused, and they may adjourn
from time to time, as may be necessary, until all the evidence shall
have been taken.
C. The
Board shall vote by "ayes" and "nays" upon the charges separately,
and the question voted on shall be "Is the accused guilty?". If the
Board, by a majority vote of all the members elected, find the accused
guilty of any charge or specification, such officer may, by resolution,
be removed from office. Upon the adoption of such resolution, the
office of the accused shall be vacant. The proceedings of the Board
shall be entered at large upon the records of the City.
[CC 1975 §21.1440; Ord. No. 91-1 §21.1440, 1-8-1991; Ord. No. 01-15 §2, 4-17-2001]
Subpoenas for witnesses may be issued by the Mayor or the person
acting as Mayor and shall be served by the Chief of Police or Assistant
Chief of Police and the Board of Aldermen shall have the power to
compel the attendance of witnesses and to compel witnesses to testify,
and depositions may be taken and read in the same manner as in courts.
[CC 1975 §21.1450; Ord. No. 91-1 §21.1450, 1-8-1991; Ord. No. 01-15 §2, 4-17-2001]
At the trial the accused shall be entitled to be heard in person
and by attorney, and the City Attorney or the person acting as such
shall attend the trial and prosecute on behalf of the City.