[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."
[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.
[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.
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.
[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.
