The elective officers of the City and their terms shall be those set out in Section
105.017 of this Code.
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, City Assessor and Public Works Director
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.
[R.O. 2009 § 105.112; R.O. 2007
§ 105.112; Ord. No. 1284, 4-8-1993; Ord. No. 2650, 9-14-2006; Ord. No.
2655, 10-12-2006; Ord. No. 2659, 10-12-2006]
All appointed officers of the City of Bolivar, including the City Clerk (Section
115.090), City Treasurer (Section
115.100), City Attorney and his/her assistants (Sections
115.150 and
115.155), Chief of Police (Section
115.170), Municipal Judge (Chapter
125, Article
I), shall serve the term of office established by the Sections of this Code relating to said positions or until their respective successor is duly appointed and qualified, unless such officer shall earlier die, resign or be removed from office as provided by this Code or the laws of the State of Missouri.
[R.O. 2009 § 105.120; R.O. 2007
§ 105.120; Ord. No. 91, 3-17-1896]
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 Subsection
(A) 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.
C. The Mayor or any member of the Board of
Aldermen may, at any meeting of the Board of Aldermen, prefer charges
in writing against any elective officer of the City. Upon such charges
being preferred, a day shall be set for the hearing of same and notice
of such charges shall be served upon each elective officer at least
five (5) days before the day set for hearing of same, such service
to be delivering to such officer a written notice of such charges
or in case he/she is absent from the City or cannot be found, then
by having a copy of such charges at his/her last known place of business
with the person in charge thereof or at his/her residence with some
member of the family over the age of fifteen (15) years.
D. During the pendency of such charges, such
officer may be temporarily suspended from office in the same manner
as provided in the preceding Subsection and notice in writing of such
temporary suspension shall be at once given to such officer and during
such suspension, such officer shall have no right to perform any of
the duties relating to the office to which he/she was elected.
E. The Mayor may, with the consent of a majority
of the Board of Aldermen, appoint some suitable person, qualified
under the ordinances of this City, to hold the office temporarily
and perform the duties hereof while charges are pending against any
City Officer and in case of his/her removal until his/her successor
is elected.
F. At the time set for hearing, the Board
of Aldermen shall meet and hear such evidence as may be offered in
support of the charges and shall also hear such evidence as the accused
may offer and may adjourn said hearing from time to time or to some
future date.
G. After the evidence has all been offered,
a vote shall be taken upon the question, "Shall the officer be removed?",
the Clerk shall call the roll, calling the Mayor to vote first and
shall then call the roll of the Board of Aldermen and shall record
the vote and announce the result. If the Mayor, together with a majority
of all the members elected to the Board of Aldermen, vote for the
removal or if two-thirds (2/3) of all the members elected to the Board
of Aldermen, independent of the Mayor, vote for such removal, then
an order shall be entered on record removing such officer and declaring
his/her office vacant and an officer elected as provided by law.
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.
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.
[R.O. 2009 § 105.130; R.O. 2007
§ 105.140; Ord. No. 94 § 1, 1-9-1903]
Any company authorized under the
laws of the State of Missouri to do business in Missouri for the purpose
of transacting the business of becoming surety on the bonds or obligations
of persons or corporations or of insuring the fidelity of persons
holding places of public or private trust and which has complied with
all the requirements of the law regulating the admission of such companies
to transact business in the State of Missouri may become and be accepted
as surety upon any bond required under the ordinances of the City
of Bolivar or on any recognizance or other writing obligatory of any
person or corporation in or concerning any matter in which the giving
of a bond or other obligation is authorized, required or permitted
by the ordinances of the City of Bolivar.
All of the officers and employees of the City will receive such
compensation and benefits as will be determined by the Board of Aldermen
and set for budget as adopted by ordinance. Notwithstanding the foregoing
provisions, the salary of an officer will not be changed during the
time for which he or she was elected or appointed.
[R.O. 2009 § 105.140; R.O. 2007
§ 105.170; Ord. No. 2683, 1-11-2007]
A. The City of Bolivar shall not provide,
from any City fund, for the payment of premiums or for reimbursement
for deductibles and co-payments on any health insurance or health
benefit plan offered through the City on behalf of any elected officer
or elected official of the City or to any officer or official of the
City who has been appointed for any reason during a term for which
such person's position is an elected position as required by the Bolivar
Municipal Code. This Section also applies to the family of any such
officer or official as identified herein.
B. Any elected officer or elected official
of the City or any officer or official of the City who has been appointed
for any reason during a term for which such person's position is an
elected position as required by the Bolivar Municipal Code may elect
to be covered by any health insurance or health benefit plan offered
through the City if such officer or official otherwise qualifies for
such insurance and such officer or official may acquire group health
insurance as offered to employees of the City if the elected official
or officer otherwise qualifies for such employee group insurance coverage;
however, any such officer or official shall at all times be solely
responsible for payment of all premiums, deductibles and co-payments
associated with any health insurance or health benefit plan. This
Subsection also applies to the family of any such officer or official
as identified herein.
C. The provisions of this Section shall be
applicable to all officers and officials in elected positions for
the City of Bolivar with the respective new terms of each such elected
position beginning after January 11, 2007. This Subsection also applies
to the family of any such officer or official as identified herein.
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 regular meeting of the Board
of Aldermen thereafter, at which time such vacancy shall be permanently
filled.
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.
[R.O. 2009 § 105.115; R.O. 2007
§ 105.115; Ord. No. 988 § 6, 9-17-1987; Ord. No. 1280, 3-11-1993]
A. The Board of Aldermen shall in the annual
City budget (including any amendments thereto) authorize such additional
employees as deemed necessary or appropriate to the management and
operation of the City and shall authorize the compensation to be paid
to such employees.
B. All employees shall serve at will and may
be disciplined or removed as provided by published personnel policies
adopted by the Board of Aldermen by motion or resolution, as such
policies may now be in effect and/or as they may hereafter be amended
from time to time.