[R.O. 2011; Approved by electorate, November 3, 1981]
Except as this charter provides otherwise, all powers of the
City shall be vested in the City council. The council shall provide
for the exercise of these powers and for the performance of all duties
and obligations imposed on the City by law.
[R.O. 2011; Approved by electorate, November 3, 1981]
No person shall be a councilmember unless the person is at least
21 years of age prior to taking office, a citizen of the United States,
an inhabitant of the City for two years next preceding the election,
a qualified registered voter, and shall be a resident of the ward
from which the person is elected six months next preceding the election.
If a councilmember removes the councilmember's residency from the
ward from which the councilmember is elected, the councilmember's
office shall be immediately vacated.
[R.O. 2011; Approved by electorate, November 3, 1981; Amending
Ord. 92-17 approved by electorate, April 7, 1992; Amending Ord. 06-190
approved by electorate, November 7, 2006]
(a)
Until the election in April 1995, there shall be a City council of two members from each ward nominated and elected by the qualified registered voters of their respective wards, as provided in Article IX. The councilmembers elected at the time of passage of this provision shall remain in office until the new councilmembers are sworn in after the election in April 1995. The councilmembers elected at the election in April 1993 shall serve for a term of two years.
(b)
Beginning with the election in April 1995, there shall be a City council of one member from each ward nominated and elected by the qualified registered voters of their respective wards, as provided in Article IX. Beginning with the election in April 2007, each councilmember from wards one through five elected in April 2007 shall serve a four-year term and each councilmember from wards six through ten elected in April 2007 shall serve a three-year term. Beginning with the election in April 2011, each councilmember from wards one through five elected in April 2011 shall serve a three-year term.
[R.O. 2011; Approved by electorate, November 3, 1981; Amending
Ord. 92-17 approved by electorate, April 7, 1992]
(a)
Until the election in April 1995, there shall be five City council
wards. Ward boundaries shall be established by ordinance following
each decennial census and may be changed at other times. Wards shall
comprise compact and contiguous territory and shall contain, as nearly
as possible, an equal number of inhabitants.
(b)
Beginning with the election in April 1995, there shall be ten City
council wards. Ward boundaries shall be established by ordinance following
each decennial census and may be changed at other times. Wards shall
comprise compact and contiguous territory and shall contain, as nearly
as possible, an equal number of inhabitants. The division of the City
into ten wards shall be effective for the election in April 1995 and
thereafter.
[R.O. 2011; Approved by electorate, November 3, 1981]
Except as provided in Article XV, the council may determine the compensation of councilmembers by ordinance, but no ordinance increasing such compensation shall become effective until the date of commencement of the terms of councilmembers elected at the next regular election, provided that such election follows the adoption of such ordinance by at least six months. Councilmembers shall also receive their actual and necessary expenses incurred in the performance of their duties of office as provided by ordinance.
[R.O. 2011; Approved by electorate, November 3, 1981; Amending
Ord. 15-257 approved by electorate, April 5, 2016]
The members of the council at the first meeting following certification
of the election results by the election authority for their election
shall elect one of their members as president of the council who shall
serve for a term of one year and who shall be presiding officer over
the meetings of the council and shall vote as a member.
[R.O. 2011; Approved by electorate, November 3, 1981; Amending
Ord. 93-93 approved by electorate, April 6, 1994; Amending Ord. 03-333
approved by electorate on April 6, 2004, to be effective on April
3, 2007 Mayoral Election]
(a)
Holding Other Office. Except where authorized by
law, or pursuant to an agreement between the City and another entity
of government, no councilmember shall hold any other City office,
City employment or other elected public office during the term for
which the member was elected to the council, and no former councilmember
shall hold any compensated appointive City office or City employment
until one year after the expiration of the term for which the councilmember
was elected to the council.
(b)
Appointments And Removals. Neither the council nor
any of its members shall in any manner dictate the appointment or
removal of any City administrative officers or employees, whom the
mayor or any of the mayor's subordinates are empowered to appoint,
but the council may express its views and fully and freely discuss
with the mayor anything pertaining to appointment and removal of such
officers and employees.
(c)
Interference With Administration. Except for the purpose of inquiries and investigations under Section 3.13, the council or its members shall deal with City officers and employees who are subject to the direction and supervision of the mayor solely through the mayor, or through the mayor's designee, or pursuant to rules established by the mayor and approved by [the mayor and] a majority of the entire council. Neither the council nor its members shall give orders to any such officer or employee, either publicly or privately. This section shall not be interpreted to prevent social interaction between the Council or its members and such officer or employee, so long as the social interaction is not related to City business.
[R.O. 2011; Approved by electorate, November 3, 1981; Amendment
approved by electorate, August 4, 1992]
(a)
Vacancies. The office of a councilmember shall become
vacant upon the councilmember's death, resignation, removal from office
in any manner authorized by law, or forfeiture of the office.
(b)
Forfeiture Of Office. A councilmember shall forfeit
office if the councilmember (1) lacks at any time during the councilmember's
term of office any qualification for the office prescribed by this
charter or by law, (2) violates any express prohibition of this charter,
(3) is convicted of a felony or a crime involving moral turpitude,
(4) is in default to the City, (5) fails to attend three consecutive
regular meetings of the council without being excused by the council,
or (6) for any reason is absent from council meetings for a period
longer than two consecutive months unless formally excused by an affirmative
vote of 2/3 of the council members.
(c)
Filling Of Vacancies. In case of vacancy in the
council, the mayor shall appoint a qualified person to fill the vacancy
of the unexpired term, if the term is to expire within one hundred
eighty days. If more than one hundred eighty days remain in the term,
then the mayor shall appoint a person to fill the vacancy until a
successor is elected at the next election at which the candidates
for office have time to properly file for elected office pursuant
to the election laws of the City and of the State of Missouri. No
appointment to fill a vacancy in the council shall be effective until
approved by a majority of the remaining members of the council.
[R.O. 2011; Approved by electorate, November 3, 1981; Amendment
approved by electorate, August 4, 1992]
(a)
The council shall appoint and establish the compensation of an officer
who shall have the title of City Clerk. The City Clerk shall keep
the journal of council proceedings, authenticate by the City Clerk's
signature all ordinances and resolutions, and record them in full
in a book kept for that purpose. The City Clerk shall perform such
other duties as may be required by law, by this charter, or by the
council. The City Clerk shall have the power to administer oaths.
The City Clerk shall hold office at the pleasure of the council.
(b)
The City Clerk shall direct and supervise the employees in the City
clerk's office.
[R.O. 2011; Approved by electorate, November 3, 1981; Amendment
approved by electorate, August 4, 1992]
(a)
Meetings. The council shall meet regularly at least
once each month at such times and places as the council may prescribe
by ordinance. The mayor upon the mayor's own motion may, or at the
request of three members of the council shall, call a special meeting
of the council for a time not earlier than twenty-four hours after
notice is given to all members of the council then in the City. Special
meetings of the council may also be held at any time by the consent
of all the members of the council, and such consent may be given either
prior to or during the special meeting. No action by the council shall
have legal effect unless the motion for the action and the vote by
which it is disposed of take place at proceedings open to the public.
(b)
Rules And Journals. The council shall determine
its own rules and order of business. It shall cause a journal of its
proceedings to be kept and this journal shall be open to public inspection.
(c)
Voting. Voting shall be by roll call except on procedural
motions, and the ayes and nays shall be recorded in the journal. In
all roll call votes the names of the members of the council shall
be called in alphabetical order and the name to be called first shall
be advanced one position alphabetically in each successive roll call
vote. A majority of members of the council shall constitute a quorum
for its business, but a smaller number may meet and compel the attendance
of absent members in the manner and subject to the penalties prescribed
by the rule of the council. Except as otherwise provided in this charter,
the affirmative vote of a majority of the entire council shall be
necessary to adopt any ordinance or resolution.
(d)
Form Of Ordinances. Proposed ordinances and resolutions
shall be introduced in the council only in written or printed form.
The enacting clause of all ordinances shall be: "Be It Ordained By
the Council of the City of Saint Charles:" The enacting clause of
all ordinances submitted by initiative shall be: "Be It Ordained By
the People of the City of Saint Charles:."
No ordinance, except those making appropriations of money and
those codifying or revising existing ordinances, shall contain more
than one subject which shall be clearly expressed in its title. Ordinances
making appropriations shall be confined to the subject matter of the
appropriations.
(e)
Procedure. Except in the case of emergency ordinances,
every proposed ordinance shall be read by title in open council meeting
two times before final passage, and at least one week shall elapse
between introduction and final passage. A copy of each proposed ordinance
shall be provided for each councilmember at the time of its introduction,
and at least three copies shall be provided for public inspection
in the office of the City Clerk until it is finally adopted or fails
of adoption. Persons interested in a proposed ordinance shall be given
an opportunity to be heard before the council in accordance with such
rules and regulations as the council may adopt. If the council adopts
an amendment to a proposed ordinance which constitutes a change in
substance, the proposed ordinance as amended shall be placed on file
for public inspection in the office of the City Clerk for one additional
week before final passage.
(f)
Emergency Ordinances. All emergency ordinances shall
be read in full in open council meetings. An ordinance may be passed
as an emergency measure on the day of its introduction if it contains
a declaration describing in clear and specific terms the facts and
reasons constituting the emergency and receives the vote of two-thirds
of the members of the council. An ordinance granting, reviewing or
extending a franchise shall not be passed as an emergency ordinance.
(g)
Effective Date. Every adopted ordinance shall become
effective immediately upon passage, adoption and approval by the mayor,
or at any later date specified therein except those ordinances excluded
from referendum provisions which shall become effective on final passage
and approval. Emergency ordinances shall become effective upon adoption
or at any later date specified therein.
(h)
Veto Procedures. Every ordinance or resolution adopted
by the council shall be presented to the mayor for approval and if
the mayor shall sign the same it shall be deemed approved and adopted.
The mayor may return an unsigned ordinance or resolution with objections
to the council by delivering it to the City Clerk's office at least
two days prior to the beginning of the next regular meeting of the
council which meeting shall occur at least 13 days following the mayor's
receipt and such ordinance or resolution shall stand vetoed and shall
not take effect without the approval of the mayor unless adopted over
the mayor's veto in the following manner: At the first regular meeting
next following receipt by the City Clerk of a disapproved ordinance
or resolution the City Clerk shall cause the objection of the mayor
to be entered upon the journal of the council and the president of
the council shall put to the council the question, "Shall the ordinance
or resolution take effect the objections of the mayor notwithstanding?."
The question may not be tabled for more than 14 days, and shall not
be withdrawn. Should two-thirds of the members of the entire council
cast their votes in favor of overriding the mayor's veto, the ordinance
or resolution shall take effect, otherwise it shall not take effect.
Should the mayor neither sign nor return with objections any ordinance
or resolution at least two days prior to the beginning of the next
regular meeting of the council which meeting shall occur at least
13 days following the mayor's receipt it shall be deemed approved
and adopted. The mayor shall have the power to approve all or any
part of any appropriation bill or the general appropriation of the
City budget or veto any item or all of the same. The council may override
such veto in the same manner as an ordinance or resolution provided
three-fourths of the members cast their votes in favor of overriding
the mayor's veto before the veto override shall be effective.
[R.O. 2011; Approved by electorate, November 3, 1981]
Within three years after adoption of this charter, all ordinances
or resolutions of the City of a general and permanent nature shall
be revised, codified and promulgated according to a system of continuous
numbering and revision as specified by ordinance. A general codification
or revision of the ordinances shall be required every 10 years thereafter.
[R.O. 2011; Approved by electorate, November 3, 1981]
The council shall be the judge of the election and qualifications
of its members and of the grounds for forfeiture of their office and
for that purpose shall have power to subpoena witnesses, administer
oaths and require the production of evidence. A member charged with
conduct constituting grounds for forfeiture of office shall be entitled
to a public hearing on demand. Decisions made by the council under
this section shall be subject to review by the courts.
[R.O. 2011; Approved by electorate, November 3, 1981]
The council may make investigations into the affairs of the
City and the conduct of any City department, office or agency and
for this purpose may subpoena witnesses, administer oaths, take testimony
and require the production of evidence. Any person who fails or refuses
to obey a lawful order issued in the exercise of these powers by the
council shall be guilty of a misdemeanor and punished as may be prescribed
by ordinance.
[R.O. 2011; Approved by electorate, November 3, 1981]
The council shall provide for an independent audit of all City
accounts at least annually. Such audits shall be made by a certified
public accountant or firm of such accountants who have no personal
interest, direct or indirect, in the fiscal affairs of the City government
or any of its officers. A copy of the report prepared by the certified
public accountant or firm of such accountants shall be kept in the
City Clerk's office and shall be open to public inspection.
[R.O. 2011; Approved by electorate, November 3, 1981]
The City council shall have power, as provided by law, to levy
taxes for the operation of public parks and recreation grounds and
facilities, and such taxes shall replace the special tax heretofore
levied for parks under authority of RSMo § 90.500, 1978
and the power to levy such special tax shall cease upon the adoption
of this charter. All revenues derived from the taxes hereafter levied
for the operation of public parks and recreation grounds and facilities
shall be deposited with the director of finance and be subject to
disbursement solely for use of the parks and recreational grounds
and facilities and in the same manner as is provided for the disbursement
of other funds of the City.
[R.O. 2011; Ord. 98-470 approved by electorate, April 7,
1998]
Board members and commission members who are required to be
councilmembers shall be appointed by a majority of the City council
for one (1) year terms.
[R.O. 2011; Ord. 06-206 approved by electorate, November
7, 2006]
The administration of the oath of office of a Council member
may be made by any person authorized by law to administer oaths.
