St. Charles County, MO
 
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[Ord. No. 94-140 §1, 8-31-1994]
These rules shall pertain to all County boards and commissions whose function is merely advisory.
[Ord. No. 94-140 §2, 8-31-1994]
County boards and commissions shall be established consisting of taxpaying citizens who shall be registered voters and residents of St. Charles County for a period of not less than one (1) year.
[Ord. No. 94-140 §3, 8-31-1994]
Members shall be appointed for a specified term. Members shall continue to serve until a duly qualified successor has been appointed. Removal of a member for good cause, such as conviction of a crime, misappropriation of public funds, and malfeasance in office, during the term may be made by ordinance.
[Ord. No. 94-140 §4, 8-31-1994]
Each member shall be appointed by the County Executive with approval of the Council pursuant to St. Charles County Charter Article V, Section 5.104 (1992).
[Ord. No. 94-140 §5, 8-31-1994; Ord. No. 11-026 §1, 5-2-2011]
Each member shall take the following oath to be administered by the County Registrar, the Chair of the board or commission, or his or her qualified designee, to insure that the spirit and intent of the appointment shall be honored:
"I, ____________________, promise to support the Constitution of the United States and of the State of Missouri and to honestly discharge the duties of the office to which I am appointed and to otherwise demean myself faithfully in office."
[1]
Editor's Note—Reference to county clerk was changed to county registrar in accordance with ord. no. 01-121, adopted 9-26-2001, set out in §129.010 of this code.
[Ord. No. 94-140 §6, 8-31-1994]
A majority of the board or commission shall elect from their number a Chair and Vice-Chair at the first (1st) meeting of each calendar year. The Chair shall preside over all board and commission meetings and fulfill any other duties prescribed by the applicable law. In the absence of the Chair, the Vice-Chair shall take the place of the Chair.
[Ord. No. 94-140 §7, 8-31-1994]
Board and commission members will serve without compensation unless otherwise specified by applicable law.
[Ord. No. 94-140 §8, 8-31-1994]
Vacancies or absences on the board or commission created by death, incapacity to perform duties, failure to attend three (3) consecutive regular meetings, or resignation shall be filled forthwith by appointment pursuant to St. Charles County Charter Article V, Section 5.104 (1992) and Section 120.030 of this Article.
[Ord. No. 94-140 §9, 8-31-1994]
A. 
The day and time for quarterly meetings shall be established by each board and commission and filed with the County Registrar at least forty-five (45) days before the effective date. Each board and commission shall meet not less than once quarterly, unless otherwise specified by applicable law.
1. 
Place. Each board and commission may meet at any public place within St. Charles County.
2. 
Time. Each board and commission shall hold meetings at such times as it deems necessary in order to exercise its power and duties.
3. 
Notice. Each board and commission shall comply with all notice requirements of the Missouri Sunshine Law, Chapter 610, RSMo.
4. 
Rules of procedure. Each board and commission shall follows Rules of Procedures as required by Section 120.120 of this Article.
[1]
Editor's Note—Reference to county clerk was changed to county registrar in accordance with ord. no. 01-121, adopted 9-26-2001, set out in §129.010 of this code.
[Ord. No. 94-140 §10, 8-31-1994]
A. 
The board or commission shall observe all of the following procedural rules while taking evidence at hearings or meetings:
1. 
Any interested person may introduce evidence so long as it complies with these rules and the fundamental rules of evidence.
2. 
Oral evidence shall only be taken in compliance with Section 120.100 of this Article.
3. 
All proceedings shall be suitably recorded and preserved. A copy of the transcript of such proceeding shall be made available to any interested person upon the payment of a fee which shall in no case exceed the reasonable cost of preparation and supply.
4. 
Records and documents of the board or commission may be introduced so as to be a part of the record, but the records and documents may be considered as a part of the record by reference thereto when so offered.
5. 
Boards and commissions shall take official notice of the St. Charles County Charter and ordinances and all matters of which the courts take judicial notice. They may also take official notice of technical or scientific facts, not judicially cognizable, within their competence, if they notify the parties, either before the hearing or during the hearing of the facts of which they propose to take such notice and give the parties reasonable opportunity to contest such facts or otherwise show that it would not be proper for the board or commission to take such notice of them.
6. 
Copies of writings, documents and records shall be admissible without proof that the originals thereof cannot be produced, if it shall appear by testimony or affidavit or certification by the custodian of the writings, documents or records that the copy offered is a true copy of the original.
7. 
Any writing or record, whether in the form of an entry in a book or otherwise, made as a memorandum or record of an act, transaction, occurrence or event, shall be admissible as evidence of the act, transaction, occurrence or event, if it shall appear that it was made in the regular course of any business, and that it was the regular course of such business to make such memorandum or record at the time of such act, transaction, occurrence, or event or within a reasonable time thereafter. All other circumstances of the making of such writing or record, including lack of personal knowledge by the entrant or maker, may be shown to affect the weight of such evidence, but such showing shall not affect its admissibility. The term "business" shall include business, profession, occupation and calling of every kind.
8. 
The results of statistical examinations or studies, or of audits, compilation of figures, or surveys, including interviews with many persons or examination of many records, or of long or complicated accounts, or of a large number of figures, or involving the ascertainment of many related facts, shall be admissible as evidence of such results, if it shall appear that such examination, study, audit, compilation of figures, or survey was made by or under the supervision of a witness, who is present at the hearing, who testifies to the accuracy of such results, and who is subject to cross-examination by the board or commission, and if it shall further appear by evidence adduced that the witness making or under whose supervision such examination, study, audit, compilation of figures, or survey was made was basically qualified to make it. All the circumstances relating to the making of such an examination, study, audit, compilation of figures or survey, including the nature and extent of the qualifications of the maker, may be shown to affect the weight of such evidence, but such showing shall not affect its admissibility.
9. 
Any party or the board or commission desiring to introduce an affidavit in evidence at a hearing must file the affidavit with the board or commission not later than seven (7) days prior to the hearing.
[Ord. No. 94-140 §11, 8-31-1994]
The board or commission may accept the testimony of witnesses provided that each witness takes the following oath:
"I do solemnly declare and affirm that I will tell the truth, the whole truth and nothing but the truth in these proceedings under the pains and penalties of perjury."
[Ord. No. 94-140 §12, 8-31-1994; Ord. No. 95-52 §1, 4-26-1995]
A. 
The following shall be the general duties and powers of boards and commissions. Applicable law may prescribe additional duties and powers specific to each individual board or commission.
1. 
Each board or commission whose function is to distribute funds of any type must record any decision made by the board or commission regarding any distribution and notify the St. Charles County Council of such decision. The board or commission's decision shall be placed on the Council's consent agenda for final approval or disapproval by the Council. No funds shall be distributed until after the Council has approved such distribution.
2. 
Each board or commission may adopt rules of procedure consistent with the provisions of Federal and State law and the St. Charles County Charter and ordinances.
a. 
The rules adopted by the board or commission must be deemed necessary to conduct its business.
b. 
The rules shall be adopted by a majority of the entire board or commission.
c. 
A copy of the rules adopted by the board or commission shall be filed with the County Registrar.
d. 
The board or commission may amend such rules of procedure by following the same requirements for the adoption of such rules.
e. 
In the event that the board or commission has not adopted Rules of Procedure or where the board or commission's own Rules of Procedure are lacking, the board or commission shall follow Robert's Rules of Order.
3. 
Each board or commission shall keep a record of all its proceedings.
a. 
The record must be approved by the board or commission and signed by the Chair of the board or commission.
b. 
Within thirty (30) days following the record being signed by the Chair of the board or commission, the board or commission shall file with the County Registrar a record of its proceedings.
[1]
Editor's Note—Reference to county clerk was changed to county registrar in accordance with ord. no. 01-121, adopted 9-26-2001, set out in §129.010 of this code.
[Ord. No. 94-140 §13, 8-31-1994]
A quorum of the members of the board or commission must present for the transaction of any business for the performance of any duty or for the exercise of any power of the board or commission. A majority of the board or commission shall constitute a quorum.
[Ord. No. 94-140 §14, 8-31-1994]
A majority of the members present shall determine all matters of business unless otherwise specified by applicable law.