City of St. Charles, MO General Provisions

Qualifications. All officers elected or appointed to office under the City Charter shall be qualified voters under the laws and the Constitution of the State. No person shall be elected or appointed to any office who shall at the time be in arrears for any unpaid taxes or forfeiture or defalcation in office.

Section 115.020 Administration Of Oaths.

[R.O. 2011 § 115.020; R.O. 2009 § 31.02; CC 1981 § 2-85; Ord. No. 86-2, 1-7-1986]

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

The Mayor. To witnesses or other persons touching any subject under consideration by the Council 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, touching the correctness of the same or to any witness or juror in any condemnation proceeding or any elective or appointive officer to his/her official oath.

Section 115.030 Official Oath And Bond.

[R.O. 2011 § 115.030; R.O. 2009 § 31.03; CC 1981 § 2-87; Ord. No. 86-2, 1-7-1986; Ord. No. 06-353, 12-20-2006]

Every officer of the City and his/her assistants and every Councilmember, 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, the City Clerk or any person authorized by law to administer oaths 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, the provisions of all laws of the State affecting Cities of this class and the ordinances of the City and faithfully demean himself/herself in office, which official oath or affirmation shall be filed in the office of the City Clerk. Every officer of the City, when required by law or ordinance, shall, within fifteen (15) days after his/her election or appointment and before entering upon the discharge of the duties of his/her office, give bond to the City, approved by the Mayor, in such sum and with such sureties as shall be designated by ordinance, conditioned for the faithful performance of his/her duties 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 or condition of any such bond, suit may be instituted thereon by the City, or by any person in the name of the City, for the use of such person.

Section 115.040 Bond Schedule.

[R.O. 2011 § 115.040; R.O. 2009 § 31.04; CC 1981 § 2-88; Ord. No. 86-2, 1-7-1986; Ord. No. 07-162, 6-11-2007]

Each officer and employee of the City shall furnish a bond not less than the amount as follows:

Director of Finance	$200,000.00
Municipal Court Clerk	$100,000.00
Mayor	$10,000.00
Director of Administration	$10,000.00
Finance Specialist	$10,000.00
Payroll Technician	$10,000.00
Evidence Officer, Police Department	$10,000.00
Accounting Technician	$10,000.00
Building Maintenance Superintendent	$5,000.00
Fire Chief	$5,000.00
Cashier and License Inspector, Finance Department	$5,000.00
Cashier, Water Department (4)	$5,000.00
Part-Time Municipal Clerk	$5,000.00
City Clerk	$2,000.00
Police Chief	$2,000.00
Waterworks Superintendent	$2,000.00
Assistant City Engineer	$2,000.00
Sexton	$2,000.00
Secretary II, Police Department	$5,000.00
Secretary II, Fire Department	$2,000.00
Secretary II, Planning Department	$2,000.00
Secretary I, Engineering Department	$2,000.00
Secretary I, Personnel	$2,000.00
Secretary I, Community Development Office	$2,000.00
Secretary I, Finance Department	$2,000.00

Section 115.050 Resignations.

[R.O. 2011 § 115.050; R.O. 2009 § 31.05; CC 1981 § 2-89; Ord. No. 86-2, 1-7-1986; Ord. No. 07-162, 6-11-2007]

Any officer or employee desiring to resign shall do so in writing. All resignations shall be addressed and delivered to the Mayor.

Section 115.060 Elected Officials Transition.

[R.O. 2011 § 115.060; R.O. 2009 § 31.06; CC 1981 § 2-82; Ord. No. 86-2, 1-7-1986]

This Section shall be known as the City's "Elected Officials Transition Ordinance."

Incoming office holders for the positions of Mayor and Municipal Judge may at their own discretion hire the outgoing previous office holders for a period not to exceed twenty-one (21) days as a consultant to aid in the transition process. During the period of time for which the outgoing officeholder is hired as a consultant, he/she shall be paid at the same rate as he/she was receiving while in office, including all extra benefits.

Section 115.070 Legal Representation Of City Officers And Employees.

[R.O. 2011 § 115.070; R.O. 2009 § 31.07; CC 1981 § 2-83; Ord. No. 86-2, 1-7-1986]

The City shall offer legal assistance to its officers and employees who are defendants in any cause of action resulting from or alleged to result from an error or omission while performing the duties and responsibilities of such officers or employees.

The City may provide, by insurance, protection to such officers or employees for legal costs and recovery as the City Council shall determine.

Any officer or employee may request independent legal advice or representation; any cost to the City shall be subject to the approval described in Section 120.170.

Section 115.080 Acceptance Of Gifts.

[R.O. 2011 § 115.080; R.O. 2009 § 31.08; CC 1981 § 2-1; Ord. No. 92-246, 10-13-1992]

Unless the context specifically indicates otherwise, the following terms as used in this Section are defined as follows:

GIFT

Anything of value given to a person whether tangible or intangible which would reasonably be considered of worth, use or service to the person to whom it is conferred.

A gift includes, but is not limited to:

Money;

Products or merchandise;

Works of art or collectibles;

Stocks, bonds, notes or options;

An interest in real property;

Contracts or a promise of a future interest in a contract;

An interest or a promise of a future interest in a business;

Meals, beverages or lodging;

Transportation;

Services, including loaned employees;

Loans, loan guarantees, co-signing;

Forgiveness of a debt;

Discounts or rebates not extended to the public generally;

Preferential treatment;

Tickets or admissions;

Free or discounted use of office facilities;

Loan of office equipment;

Promise or offer of present or future employment;

Use of autos, boats, apartments or other recreational or lodging facilities; and

Gratuity, favor, fee or compensation.

A gift does not include:

Gifts from any spouse, unemancipated child, grandparent, grandchild, parent-in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, great uncle, great aunt, first cousin, second cousin or the spouse of any of these persons.

Campaign contributions which are reported under Chapter 130, RSMo.

Compensation from an employer, a sole proprietorship or a partnership.

Coffee, donuts and similar refreshments as a normal courtesy incidental to the conduct of a business meeting.

Costs of attending events or functions in official City capacity.

SUBSTANTIAL INTEREST IN LEGISLATIVE OR ADMINISTRATIVE ACTION

Persons, organizations or corporations which:

Are regulated by the City;

Provide goods and services to the City for compensation or profit;

Seek employment with the City or any agency thereof; or

Will be directly and substantially affected, either financially or personally, by any contemplated legislation or agency of the City.

No Councilmember, Mayor or spouse or dependent child of a Councilmember or Mayor shall knowingly accept any gift from any person, organization or corporation having a substantial interest in any legislative or administrative action of the City, except as permitted in this Section:

[Ord. No. 21-160, 10-5-2021]

If the retail value of such gifts received in any calendar year from such person, organization or corporation does not exceed three hundred dollars ($300.00), then the gifts may be accepted.

If the retail value of such gifts received in any calendar year from such person, organization or corporation exceeds three hundred dollars ($300.00), then the gifts may be accepted after the following approvals are obtained:

If a Councilmember, then the approval of the Mayor and the Council president;

If the Council president, then the approval of the Mayor and the Council vice president; and

If the Mayor, then the approval of the Council president and the Council vice president.

Upon receipt of a gift, any Councilmember or the Mayor shall file a report of the gift with the City Clerk within ten (10) business days. Reports required by this Section shall be considered public records.

[Ord. No. 21-160, 10-5-2021]

The provisions of this Section are intended to avoid even the appearance of conflict of interest and nothing contained in this Section shall be construed to permit any actual conflict of interest or any violation of any financial disclosure requirement.

Any award given in recognition of service by a professional, social or service organization and any food, lodging, honorariums, registration or similar courtesies given by such organizations in exchange for presentations or other services to the organizations may be accepted regardless of value, but shall be reported as provided in this Section.

Section 115.090 Travel And Conference For Elected Officials.

[R.O. 2011 § 115.090; R.O. 2009 § 31.09; CC 1981 § 2-463; Ord. No. 86-310, 12-8-1986; Ord. No. 87-6, 1-20-1987; Ord. No. 89-193, 10-10-1989; Ord. No. 94-314, 12-7-1994; Ord. No. 95-140, 5-17-1995; Ord. No. 08-87, 4-16-2008]

Purpose. Elected officials may attend conferences, seminars or training sessions for the purpose of furthering their knowledge and education on municipal government and programs and relating information acquired to the City Council and administration.

Procedure.

Funding for travel on City business by elected officials must be approved in advance by the City Council, based solely on budgetary limitations for that fiscal year.

If an elected official has received an advance payment and fails to submit the required expense list and remit any funds due the City within the ten (10) days after such expenses are actually incurred, the elected official shall receive no further expense or travel funds until all requirements under this Section are fulfilled.

Travel And Conference Guidelines For Elected Officials.

Travel on City business should be on an economical basis.

Transportation and accommodations expenses will be funded by the City at reasonable rates. First class transportation and accommodations shall be allowed only if specific conditions make other arrangements impossible.

Registration for the conference, seminar or training session will be funded by the City.

Personal vehicle usage is reimbursable at a rate authorized by Council to individuals providing their own transportation. This allowance is intended to cover the cost of gas, maintenance and insurance. The maximum amount of transportation allowance paid to an individual for transportation by personal vehicle shall not exceed fifty percent (50%) of the standard coach airfare, except when the travel is entirely within the States of Missouri and Illinois, in which case one hundred percent (100%) of the mileage will be paid.

Garage parking and toll charges incurred as a result of City business are reimbursable. Cab fares are reimbursable.

Meal expense is reimbursable, as follows:

Actual cost of meal is reimbursable with receipt; or

Per diem, without receipt, in the amounts established for employees.

Section 115.100 Corrupt Allowance Of Claims.

[R.O. 2011 § 115.100; R.O. 2009 § 31.10; CC 1981 § 2-91(part); Ord. No. 86-2, 1-7-1986]

Any member of the Council or officer of the City who shall, in his/her official capacity or under color of his/her office, knowingly or willfully or corruptly vote or assent to or report in favor of or allow or certify for allowance any claim or demand against the City, which claim or demand shall be on account of a contract or agreement not authorized by law and the ordinances of the City, shall be deemed guilty of an ordinance violation and shall, upon conviction thereof, be subject to the penalty set forth in Section 100.150 of this Code.

Section 115.110 Expense Reimbursement For Elected And Appointed Officials And Employees.

[R.O. 2011 § 115.110; R.O. 2009 § 31.11; Ord. No. 94-314, 12-7-1994; Ord. No. 05-68, 3-7-2005]

In order to receive reimbursement for expenses, all elected and appointed officials and all employees shall submit a voucher of their expenses which certifies that the information on the voucher is true and correct and that the expenses have been actually and necessarily incurred in the performance of the official business of the City.

Expense Vouchers.

Appointed officials and employees shall submit an expense voucher to the Finance Director who shall review the expense vouchers to ensure reimbursement of only those expenses properly incurred.

Elected officials shall receive reimbursement for actual expenses incurred while in office by submission of an expense reimbursement request form to the Finance Director. The request form shall set forth the period covered by the request, description of each expense, dollar amount of reimbursement being requested for each item of expense and such other information and documentation required to comply with Federal tax law requirements for exclusion of reimbursement payments from income and reporting for tax purposes. Expense reimbursement payments made without documentation in compliance with Federal tax law requirements shall be reported to the Internal Revenue Service in the manner required by law and all appropriate withholdings of taxes shall be made as required by law. Mileage shall be reimbursed at the rate currently in effect for City employees.

Expense vouchers shall be submitted within ten (10) days after the expenses are actually incurred; except that expense vouchers for elected officials, when advance payments are not involved, shall be submitted within ninety (90) days after the expenses are actually incurred.

A cash advance for expenses may be authorized by the Finance Director in instances when the projected expense to be incurred would pose a financial burden on the elected official, appointed official or employee.

If an advance is authorized, then the voucher for the expenses actually and necessarily incurred and the balance of the advance remaining after the expenditures shall be submitted to the Finance Director within ten (10) days after the expenses are actually incurred.

Section 115.120 Written City Communications.

[R.O. 2011 § 115.120; R.O. 2009 § 31.12; Ord. No. 09-07, 1-14-2009]

Written City communications that are distributed via mail on a City-wide basis or to the public at large may contain a reference to both the Mayor and Council, but shall not contain a reference to only the Mayor or to only the Council; except this Section shall not apply to any official act pursuant to Chapter 235, Emergency Management, of the Code of Ordinances.