City of Marshfield, MO
Webster County
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Table of Contents
Table of Contents

Section 115.010 Elective Officers — Terms.

[R.O. 2014 §115.010]
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.

[R.O. 2014 §115.020]
The Mayor, with the consent and approval of the majority of the members of the Board of Aldermen, shall have power to appoint a Municipal Judge, City Collector, Fire Chief, Chief of Police, City Attorney, City Assessor, Street Commissioner and Night Watchman 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, and the person elected Marshal may be appointed to and hold the office of Street Commissioner.

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 115.035 Removal of Chief Law Enforcement Officer, When.

A. 
For the purposes of this Section, the following terms shall mean:
CHIEF
Any non-elected chief law enforcement officer of the City.
JUST CAUSE
Exists when the Chief:
a. 
Is unable to perform his or her duties with reasonable competence or reasonable safety as a result of a mental condition, including alcohol or substance abuse;
b. 
Has committed any act, while engaged in the performance of his or her duties, that constitutes a reckless disregard for the safety of the public or another law enforcement officer;
c. 
Has caused a material fact to be misrepresented for any improper or unlawful purpose;
d. 
Acts in a manner for the sole purpose of furthering his or her self-interest or in a manner inconsistent with the interests of the public or the Chief's Board of Aldermen;
e. 
Has been found to have violated any law, statute, or ordinance which constitutes a felony; or
f. 
Has been deemed insubordinate or found to be in violation of a written established policy, unless such claimed insubordination or violation of a written established policy was a violation of any Federal or State law or local ordinance.
B. 
The Chief shall be subject to removal from office or employment by the appointing authority or the Board of Aldermen of the political subdivision employing the Chief if:
1. 
The Board of Aldermen issues a written notice to the Chief whose removal is being sought no fewer than ten (10) business days prior to the meeting at which his or her removal will be considered;
2. 
The Chief has been given written notice as to the Board of Aldermen's intent to remove him or her. Such notice shall include:
a. 
Charges specifying just cause for which removal is sought;
b. 
A statement of facts that are alleged to constitute just cause for the Chief's removal; and
c. 
The date, time, and location of the meeting at which the Chief's removal will be considered;
3. 
The Chief is given an opportunity to be heard before the Board of Aldermen, together with any witnesses, evidence and counsel of his or her choosing; and
4. 
The Board of Aldermen, by two-thirds (2/3) majority vote, finds just cause for removing the Chief.
C. 
Upon the satisfaction of the removal procedure under Subsection (B) of this Section, the Chief shall be immediately removed from his or her office, shall be relieved of all duties and responsibilities of said office, and shall be entitled to no further compensation or benefits not already earned, accrued, or agreed upon.
D. 
Any Chief removed pursuant to Subsection (C) of this Section shall be issued a written notice of the grounds of his or her removal within fourteen (14) calendar days of the removal.

Section 115.040 Officers To Be Voters and Residents — Exceptions.

[R.O. 2014 §115.040]
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.

[R.O. 2014 §115.050]
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.

[R.O. 2014 §115.060]
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.

[R.O. 2014 §115.070]
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 Ordinance.

[R.O. 2014 §115.080]
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.