4.101.
Selection.
4.101.1.
The Assessor shall be elected for a two (2)
year term at the general election of 1992. The Assessor shall assume
the office on September 1, 1993, following certification of election
to office.
4.101.2.
In April, 1993, the voters will decide whether
to retain this as an elected position with a four (4) year term beginning
September 1, 1995, or to convert it to an appointed position within
a Department of Finance.
4.102.
Vacancy. A vacancy in the elective office of
Assessor shall be filled by the County Executive subject to approval
by the Council. The person appointed shall be a member of the same
political party as the previous occupant (if so affiliated) and shall
hold office until the next general election at which time a successor
shall be elected for the unexpired or full term as the case may be.
4.103.
Powers and Duties.
4.103.1.
The Assessor shall possess and exercise all
powers and duties now or hereafter given to that office for a County
of the First Class by applicable law except for powers or duties removed
or assigned to other offices pursuant to the provisions of this Charter.
4.103.2.
The Assessor shall operate the office within
the guidelines of the County personnel policy and purchasing policy.
4.103.3.
The Assessor shall account for and deposit,
in accordance with applicable law, all fees, commissions, penalties,
or other funds payable to this office.
4.104.
Qualifications. To serve as Assessor a person:
4.104.1.
Must be a registered voter in St. Charles
County who shall have resided in St. Charles County for a period of
not less than two (2) years immediately prior to the general election;
and
4.104.2.
Shall not, at the time of assuming office,
and during the term in office, hold any other remunerative office
with the United States, the State of Missouri, St. Charles County,
or any political subdivision of the State. This Subparagraph shall
not apply to membership in the military forces of the United States,
the State militia, or notaries public; and
4.104.3.
Shall take an oath or affirmation to support
the Constitution of the United States and the Constitution of the
State of Missouri, to abide by this Charter and to faithfully perform
all of the duties of the office; and
4.104.4.
Shall complete all training for Assessors
that the laws of the State of Missouri authorize for Assessors in
any non-charter County, whenever such training is offered by the State
of Missouri itself or by one of its agencies or subdivisions; and
shall furnish a certificate of completion of such training to the
County Executive.
4.105.
Salary/Fees. The salary of the Assessor shall
for the two (2) year term beginning September 1, 1993, remain the
same as is being paid to him on April 6, 1992. The salary of the Assessor
shall be fixed by ordinance. The salary, if the position remains elective,
for the four (4) year term beginning September 1, 1995, shall be fixed
by the County Council prior to February 1, 1994, and every four (4)
years thereafter for ensuing terms. The salary, should the position
be appointed, shall be fixed as part of the annual budget ordinance.
Such salary shall be paid to the Assessor in lieu of all fees, commissions,
penalties, charges or other money due to or receivable by such officer,
deputy or assistant or the office. Salary, mileage, travel, and other
actual and necessary expenses incurred by the Assessor shall be reimbursed
as provided by ordinance.
4.201.
Selection. The Auditor shall be appointed by
the County Council to a four (4) year term beginning January 1, 1995,
and every four (4) years thereafter.
4.202.
Vacancy. A vacancy in the office of Auditor
shall be filled by the County Council.
4.203.
Powers and Duties.
4.203.1.
The Auditor shall possess and exercise all
of the powers and duties given to that office for a County of the
First Class having a Charter form of Government by applicable law
except for those removed or assigned to other offices pursuant to
the provisions of this Charter.
4.203.2.
The Auditor shall operate the office within
the guidelines of the County personnel policy and purchasing policy.
4.203.3.
The Auditor shall account for and deposit,
in accordance with applicable law, all fees, commissions, penalties,
and other funds payable to the office.
4.203.4.
The Auditor shall be responsible for monitoring
the development, implementation and maintenance of an accounting system
which will meet or exceed standard accounting practices for governmental
bodies.
4.203.5.
The Auditor shall provide all requested information
for the annual external contracted audit.
4.203.6.
All officers and employees of the County shall
furnish to the Auditor such information and records regarding powers,
duties, activities, funding, services, organization, property, financial
transactions, and methods of business in their respective offices
and employments as he may from time to time require of them.
4.204.
Qualifications. To serve as Auditor a person:
4.204.1.
Must be a registered voter in St. Charles
County; and
4.204.2.
Shall not, at the time of assuming office,
and during the term in office, hold any other remunerative office
with the United States, the State of Missouri, St. Charles County,
or any political subdivision of the State. This Subparagraph shall
not apply to membership in the military forces of the United States,
the State militia, or notaries public; and
4.204.3.
Shall take an oath or affirmation to support
the Constitution of the United States and the Constitution of the
State of Missouri, to abide by this Charter and to faithfully perform
all of the duties of the office; and
4.204.4.
Must have the equivalent of a bachelor degree
in accounting or have experience as a County Auditor.
4.205.
Salary/Fees. Until December 31, 1994, the salary
of the Auditor shall be the same salary being paid to him on April
6, 1992. After January 1, 1995, the salary of the Auditor shall be
fixed by ordinance. The salary for the year 1995 shall be fixed by
the County Council as part of the annual budget ordinance. Such salary
shall be paid to the Auditor in lieu of all fees, commissions, penalties,
charges or other money due to or receivable by such officer, deputy
or assistant or the office. Salary, mileage, travel, and other actual
and necessary expenses incurred by the Auditor shall be reimbursed
as provided by ordinance.
Pursuant to the authority of the Constitution of the State of Missouri as set forth at Article VI Section 18(b) the Charter of St. Charles County hereby assigns a portion of the duties of the County office of Sheriff to a County Officer who shall be known by the title "Chief of Police" and who shall be in charge of the County Police Department as set out herein, and who shall hold the rank of Colonel.
4.250.1.
Selection.
4.250.1.1.
To fill a vacancy in the position of Chief
of Police the County Executive shall name a panel of five (5) citizens
to the Chief of Police Search Committee, naming one to serve as the
chair of the Committee. Each individual named to the Committee shall
reside in St. Charles County and be a registered voter at the time
of appointment to the Committee and throughout their service on the
Committee. The appointees to the Committee shall represent the civic,
law enforcement, business, and educational community in the County.
4.250.1.2.
The Committee shall advertise the position
of Chief of Police, and upon receipt of the applications from the
Director of Human Resources shall review the applicants. From amongst
the applicants that meet the qualifications for Chief of Police the
Committee shall interview and recommend no less than five (5) qualified
candidates to the County Executive for the position of Chief of Police.
4.250.1.3.
The Chief of Police shall be appointed by the County Executive from amongst the five (5) candidates recommended by the Committee, with the approval of the County Council as set forth in Article II, Section 2.503 of the St. Charles County Charter. Once so approved, the Chief may not be removed by the County Executive unless he has the concurrence of five (5) members of the County Council entered into the records of the County during a meeting of the Council at which the County Executive is present.
4.250.1.4.
The Committee shall cease to exist upon
approval of the County Executive's appointment. Should the County
Executive's choice not receive approval of the Council the Executive
may choose a new candidate from the existing list, request a new list
from the Committee or request the Committee to repost the position.
4.250.2.
Qualifications. To serve as the Chief of Police,
a person:
4.250.2.1.
Shall be a licensed Law Enforcement Officer
certifiable in a First Class County on the day of assumption of the
office of Chief of Police through the Missouri Peace Officer Standards
and Training Commission (POST) or eligible for licensure as a Chief
of Police by that body upon appointment and confirmation; and
4.250.2.2.
Shall have served in law enforcement at
least fifteen (15) years, and have at least six (6) years of highly
responsible management and supervisory experience; and
4.250.2.3.
Shall have a degree from an accredited four
(4) year institution of higher learning and have completed one (1)
of the following: the Federal Bureau of Investigation National Academy
program, the Northwestern School of Staff and Command, the Southern
Police Institute, or a similar program of at least eight (8) weeks
duration awarding a certificate of graduation. Commensurate experience
may substitute for the requirement of this Section; and
4.250.2.4.
Shall not at the time of assuming office,
and during the term in office, hold any other remunerative office
with the United States, the State of Missouri, St. Charles County
or any political subdivision of the State. This Subparagraph shall
not apply to membership in the military forces of the United States,
the State militia, or notaries public; and
4.250.2.5.
Shall take an oath or affirmation to support
the Constitution of the United States and the Constitution of the
State of Missouri, to abide by this Charter and to faithfully perform
all of the duties of the office; and
4.250.2.6.
Shall be free of any felony convictions
prior to and during the term of office.
4.250.3.
Duties and Responsibilities. From and after
January 1, 2015, the Chief of Police shall:
4.250.3.2.
Have supervision, management and control
of and responsibility for the efficient and effective administration
and performance of the duties, powers and functions of suppression
of crime and other appropriate law enforcement, including traffic
control, in the unincorporated portions of St. Charles County invested
by this Charter in the office. He and all duly authorized officers,
agents and deputized representatives shall have designated powers
and duties including preservation of order, prevention of crimes and
misdemeanors, apprehension and arrest, conserving the peace and other
Police and law enforcement functions held by the Sheriff of any County
of the First Class, except those powers and duties vested in other
departments or offices of the County by this Charter, including but
not limited to the office of "Sheriff" or the Director of Corrections;
and
4.250.3.3.
Enforce the ordinances and orders of the
County and have other such powers and duties as may be provided by
ordinance including, but not limited to, the performance of Police
duties in incorporated areas of the County under contract authorized
or entered into by the Council with the Governing Body of any such
incorporated area. The Chief of Police shall also have the power to
deputize members of the Police Departments of the various municipalities
of the County and other persons under such standards, conditions and
regulations as shall be approved by ordinance; and
4.250.3.4.
Serve as the Chief Law Enforcement Officer
of the County; and
4.250.3.5.
Serve as the Appointing Authority and head
of the St. Charles County Police Department.
4.250.4.
Salary. After January 1, 2015, the salary of
the Chief of Police shall be fixed each year by the budget ordinance.
Such salary shall be paid to the Chief in lieu of all fees, commissions,
penalties, charges or other money due to or receivable by such officer,
deputy or assistant or the office. Salary, mileage, travel, and other
actual and necessary expenses incurred by the Chief shall be reimbursed
as provided by ordinance.[1]
[1]
Editor's Note—In November, 2012, the voters agreed to
add these provisions.
4.301.
Selection.
4.301.1.
If this is retained as an elected office,
the Circuit Clerk shall be elected at the general election of 1994
and shall take office on January 1, 1995, following certification
of election to office.
4.301.2.
In April, 1993, the voters will decide whether
to retain this position as an elected office with a four (4) year
term or convert it to a position with a four (4) year term appointed
by all the Circuit and Associate Circuit Judges of the 11th Judicial
Circuit, meeting en banc.[1]
[1]
Editor's Note—In April, 1993, the voters decided to
retain this as an elective position.
4.301.3.
Beginning on January 1, 2003, the Circuit
Clerk shall be appointed to a four (4) year term by a majority of
the Circuit and Associate Circuit Judges of the 11th Judicial Circuit,
meeting en banc.
4.302.
Vacancy. A vacancy in the elective office of
Circuit Clerk shall be filled by the County Executive subject to approval
by the Council. The person appointed shall be a member of the same
political party as the previous occupant (if so affiliated). He shall
hold office until January first (1st), following the next general
election. At that time, a successor shall be elected for the unexpired
or full term as the case may be.
4.303.
Powers and Duties.
4.303.1.
The Circuit Clerk shall possess and exercise
all powers and duties now or hereafter given to that office for a
County of the First Class by applicable law except for powers or duties
removed or assigned to other offices pursuant to the provisions of
this Charter.
4.303.2.
The Circuit Clerk shall operate the office
within the guidelines of the County personnel policy and purchasing
policy.
4.303.3.
The Circuit Clerk shall account for and deposit,
in accordance with applicable law, all fees, commissions, penalties,
or other funds payable to this office.
4.303.4.
The Circuit Clerk shall be the Administrative
Officer for the Circuit Court of the County. He shall assist the Circuit
Court in the conduct of the business of the Court as the Court may
request.
4.304.
Qualifications. To serve as Circuit Clerk a
person:
4.304.1.
Must be a registered voter in St. Charles
County who shall have resided in St. Charles County for a period of
not less than two (2) years immediately prior to the general election
or appointment; and
4.304.2.
Shall not, at the time of assuming office,
and during the term in office, hold any other remunerative office
with the United States, the State of Missouri, St. Charles County,
or any political subdivision of the State. This Subparagraph shall
not apply to membership in the military forces of the United States,
the State militia, or notaries public; and
4.304.3.
Shall take an oath or affirmation to support
the Constitution of the United States and the Constitution of the
State of Missouri, to abide by this Charter and to faithfully perform
all of the duties of the office; and
4.304.4.
Shall complete all training for Circuit Clerks
that the laws of the State of Missouri authorize for a Circuit Clerk
in any non-charter County, whenever such training is offered by the
State of Missouri, State Court Administrator's Office or by another
appropriate State training agency; and shall furnish a certificate
of completion of such training to the St. Charles County Circuit Court
en banc.
4.305.
Salary. Until December 31, 1994, the salary
of the Circuit Clerk shall be the same salary being paid to the Recorder
of Deeds on April 6, 1992. After January 1, 1995, the salary of the
Circuit Clerk shall be fixed by ordinance. The salary, if the position
remains elective, shall for the next four (4) year term be fixed by
the County Council prior to February 1, 1994, and every four (4) years
thereafter for ensuing terms. The salary, should the position be appointed,
shall be stated as part of the annual budget ordinance. Such salary
shall be paid to the Circuit Clerk in lieu of all fees, charges, commissions,
penalties, or other money due to or receivable by such officer, deputy
or assistant or the office. Salary, mileage, travel, and other actual
and necessary expenses incurred by the Circuit Clerk shall be reimbursed
as provided by ordinance.
4.401.
Selection.
4.401.1.
If it is retained as an elected office, the
Collector shall be elected at the general election of 1994 and shall
take office on March 1, 1995, following certification of election
to office.
4.402.
Vacancy. A vacancy in the elective office of
Collector shall be filled by the County Executive subject to approval
by the Council. The person appointed shall be a member of the same
political party as the previous occupant (if so affiliated). He shall
hold office until March first (1st), following the next general election.
At that general election, a successor shall be elected for the unexpired
or full term as the case may be.
4.403.
Powers and Duties.
4.403.1.
The Collector shall possess and exercise all
powers and duties now or hereafter given to that office for a County
of the First Class by applicable law except for powers or duties removed
or assigned to other offices pursuant to the provisions of this Charter.
4.403.2.
The Collector shall operate the office within
the guidelines of the County personnel policy and purchasing policy.
4.403.3.
The Collector shall account for and deposit,
in accordance with applicable law, all fees, commissions, penalties,
and all other funds payable to this office.
4.404.
Qualifications. To serve as Collector a person:
4.404.1.
Must be a registered voter in St. Charles
County who shall have resided in St. Charles County for a period of
not less than two (2) years immediately prior to the general election;
and
4.404.2.
Shall not, at the time of assuming office,
and during the term in office, hold any other remunerative office
with the United States, the State of Missouri, St. Charles County,
or any political subdivision of the State. This Subparagraph shall
not apply to membership in the military forces of the United States,
the State militia, or notaries public; and
4.404.3.
Shall take an oath or affirmation to support
the Constitution of the United States and the Constitution of the
State of Missouri, to abide by this Charter and to faithfully perform
all of the duties of the office; and
4.404.4.
Shall complete all training for Collectors
that the laws of the State of Missouri authorize for Collectors in
any non-charter County, whenever such training is offered by the State
of Missouri itself or by one of its agencies or subdivisions; and
shall furnish a certificate of completion of such training to the
County Executive.
4.405.
Salary/Fees. The salary of the Collector for
the period ending February 28, 1995, shall be the same salary being
paid to him on April 6, 1992. After March 1, 1995, the salary of the
County Collector shall be fixed by ordinance. The salary, if the position
remains elective, shall for the four (4) year term beginning March
1, 1995, be fixed by the County Council prior to February 1, 1994,
and every four (4) years thereafter for ensuing terms. The salary,
should the position be appointed, shall be fixed as part of the annual
budget ordinance. Such salary shall be paid the Collector in lieu
of all fees, commissions, penalties, charges or other money due to
or receivable by such officer, deputy or assistant or the office.
Salary, mileage, travel, and other actual and necessary expenses incurred
by the County Collector shall be reimbursed as provided by ordinance.
4.501.
Selection. The Director of Elections shall
be elected at the general election in 1994, and every four (4) years
thereafter. He shall take office on January first (1st), following
certification of election to office. Effective January 1, 2003, the
County Clerk shall be known as the Director of Elections and shall
henceforth be elected in 2006 and every four (4) years thereafter.
4.502.
Vacancy. A vacancy in the office of Director
of Elections shall be filled by the County Executive subject to approval
by the Council. The person appointed shall be a member of the same
political party as the previous occupant (if so affiliated). He shall
hold office until January first (1st), following the next general
election. At that general election, a successor shall be elected for
the unexpired or full term as the case may be.
4.503.
Powers and Duties.
4.503.1.
The Director of Elections shall possess and
exercise all the powers and duties now or hereafter given to that
office by applicable law except for powers and duties removed from
the office and assigned to other offices pursuant to the provisions
of this Charter.
4.503.2.
The Director of Elections shall operate the
office within the guidelines of the County personnel policy and purchasing
policy.
4.503.3.
The Director of Elections shall account for
and deposit, in accordance with applicable law, all fees, commissions,
penalties, or other funds payable to this office.
4.503.4.
The Director of Elections shall serve as the
election authority for St. Charles County, as prescribed by applicable
law.
4.504.
Qualifications. To serve as Director of Elections,
a person:
4.504.1.
Must be a registered voter in St. Charles
County who shall have resided in St. Charles County for a period of
not less than two (2) years immediately prior to the general election;
and
4.504.2.
Shall not at the time of assuming office,
and during the term in office, hold, any other remunerative office
with the United States, the State of Missouri, St. Charles County,
or any political subdivision of the State. This Subparagraph shall
not apply to membership in the military forces of the United States,
the State militia, or notaries public; and
4.504.3.
Shall take an oath or affirmation to support
the Constitution of the United States and the Constitution of the
State of Missouri, to abide by this Charter, and to faithfully perform
all of the duties of the office; and
4.504.4.
Shall complete all training for County Election
Authorities that the laws of the State of Missouri authorize for County
Election Authorities in any non-charter County, whenever such training
is offered by the State of Missouri itself or by one of its agencies
or subdivisions; and shall furnish a certificate of completion of
such training to the County Executive.
4.505.
Salary. The salary of the Director of Elections
shall be fixed by ordinance. The salary fixed by the County Council
for the County Clerk/Director of Elections prior to February 1, 2002
shall be the salary of the Director of Elections, and every four (4)
years thereafter shall be set by the first (1st) day of February prior
to the general election at which the Director of Elections will be
elected for ensuing terms. Such salary shall be paid to the Director
of Elections in lieu of all fees, charges, commissions, penalties
or other money due to or receivable by such officer, deputy or assistant
or the office. Salary, mileage, travel, and other actual and necessary
expenses incurred by the Director of Elections shall be reimbursed
as provided by ordinance.
4.601.
Selection. The County Counselor shall be appointed
by the County Executive subject to approval by the Council and shall
hold office at the pleasure of the County Executive. He shall be the
County's Attorney and Counselor at law. He may appoint a Deputy
County Counselor and such a number of Associate and Assistant County
Counselors as may be authorized by ordinance.
4.602.
Power and Duties.
4.602.1.
The County Counselor shall operate the office
within the guidelines of the County personnel policy and purchasing
policy.
4.602.2.
The County Counselor shall account for and
deposit, in accordance with applicable law, all fees, commissions,
penalties, or other funds which are payable to the office.
4.602.3.
The County Counselor shall have charge of
and conduct all of the civil law business of the County, its departments,
divisions, offices, officers, boards and commissions, including the
authority to file an action in quo warranto.
4.602.4.
The County Counselor shall institute, in the
name of and on behalf of the County, all civil suits and other proceedings,
at law or in equity necessary to protect the rights and interests
of the County and enforce any and all rights, interests or claims
against any and all persons, firms, or corporations in whatever court
or jurisdiction such action may be necessary. He may also appear and
interplead, answer or defend, in any proceeding or tribunal in which
the County's interests are involved. He shall prosecute violations
of prescribed County ordinances.
4.602.5.
The County Counselor shall prepare, or approve
as to form, all leases, deeds, contracts, bonds, ordinances, rules,
regulations, drafts of legislation, and other instruments.
4.602.6.
The County Counselor shall institute and prosecute
all proceedings for the collection of delinquent taxes and licenses
of every kind owing to the County.
4.602.7.
The County Counselor shall, upon request,
furnish legal advice and opinions to the Council, the County Executive,
County Officials, and to all County boards and commissions, respecting
County business.
4.602.8.
Before bringing an original action or permissive counterclaim against a municipality or other political subdivision located in whole or in part in the County of St. Charles, the County Counselor shall present to the County Council a notice of his intent to bring an action. The County Counselor shall then be authorized to file such legal action unless the County Council, within twenty-one (21) days, passes a resolution against the filing of such action. The Counselor shall not file such action until such time expires unless authorized in writing by a majority of the County Council. The County Counselor may file an action without regard to this Section if it is an action authorized by Article X, Section 10.603 of the County Charter, whether in quo warranto, declaratory judgment or in other appropriate manner. At any time after the filing of an action in which the County Counselor is required to provide the Council notice, the County Council may by[1] ordinance direct the County Counselor to dismiss any pending
claims.
[1]
Editor's Note—The word "be" was in the original ordinance.
4.603.
Qualifications. To serve as County Counselor,
a person shall:
4.603.1.
Shall not at the time of assuming office,
and during the term in office, hold any other remunerative office
with the United States, the State of Missouri, St. Charles County,
or any political subdivision of the State. This Subparagraph shall
not apply to membership in the military forces of the United States,
the State militia, or notaries public; and
4.603.2.
Shall take an oath or affirmation to support
the Constitution of the United States and the Constitution of the
State of Missouri, to abide by this Charter and to faithfully perform
all of the duties of the office; and
4.603.3.
Have been a licensed practicing attorney in
Missouri for at least five (5) years; and
4.603.4.
Shall not engage in the private practice of
law except with regard to court appointed pro bono appointments mandated
by state and federal courts; and
4.603.5.
Shall establish residency in the County within
one hundred twenty (120) days after assuming office.
4.604.
Salary. The salary of the County Counselor
shall be fixed by the County Executive as part of the annual budget
ordinance, subject to approval of the County Council. Such salary
shall be paid to the County Counselor in lieu of all fees, commissions,
penalties, charges or other money due to or receivable by such officer,
deputy or assistant or the office. Salary, mileage, travel, and other
actual and necessary expenses incurred by the County Counselor shall
be reimbursed as provided by ordinance.
4.701.
Selection. The County Engineer shall be appointed
by the County Executive with the approval of the County Council and
shall hold office at the pleasure of the County Executive.
4.702.
Powers and Duties.
4.702.1.
The County Engineer shall exercise those powers
and perform those duties required by applicable law to be performed
by a County Surveyor or by a County Highway Engineer and such other
powers and duties as may be required by ordinance.
4.702.2.
The County Engineer shall operate the department
within the guidelines of the County personnel policy and purchasing
policy.
4.702.3.
The County Engineer shall account for and
deposit, in accordance with applicable law, all fees, commissions,
penalties, or other funds payable to the department.
4.703.
Qualifications. To serve as County Engineer,
a person:
4.703.1.
Shall not, at the time of assuming office,
and during the term in office, hold any other remunerative office
with the United States, the State of Missouri, St. Charles County,
or any political subdivision of the State. This Subparagraph shall
not apply to membership in the military forces of the United States,
the State militia, or notaries public; and
4.703.2.
Shall take an oath or affirmation to support
the Constitution of the United States and the Constitution of the
State of Missouri, to abide by this Charter and to faithfully perform
all of the duties of the office; and
4.703.3.
Shall be a registered professional engineer
with at least five (5) years experience in a responsible position
in highways, transportation, or traffic engineering or a combination
thereof. At least three (3) years shall have been in an administrative
capacity; and
4.703.4.
Shall establish residency in St. Charles County
within one hundred twenty (120) days after assuming office.
4.704.
Salary. The salary of the County Engineer shall
be fixed by the County Executive as part of the annual budget ordinance,
subject to approval of the County Council. Such salary shall be paid
to the County Engineer in lieu of all fees, commissions, penalties,
charges or other money due to or receivable by such officer, deputy
or assistant or the office. Salary, mileage, travel, and other actual
and necessary expenses incurred by the County Engineer shall be reimbursed
as provided by ordinance.
4.801.
Selection. As of January 1, 1995, a Director
of Corrections shall be appointed by the County Executive subject
to approval by the County Council and shall hold office at the pleasure
of the County Executive.
4.802.
Powers and Duties.
4.802.1.
The Director of Corrections shall operate
the department within the guidelines of the County personnel policy
and purchasing policy.
4.802.2.
The Director of Corrections shall account
for and deposit, in accordance with applicable law, all fees, commissions,
penalties, or other funds payable to the department.
4.802.3.
The Director of Corrections shall be responsible
for the operation of the County corrections facilities, beginning
January 1, 1995.
4.802.4.
The Director of Corrections shall be responsible
for such other duties which are assigned by applicable law or ordinance.
4.803.
Qualifications. To serve as Director of Corrections
a person:
4.803.1.
Shall not at the time of assuming office,
and during the term in office, hold any other remunerative office
with the United States, the State of Missouri, St. Charles County,
or any political subdivision of the State. This Subparagraph shall
not apply to membership in the military forces of the United States,
the State militia, or notaries public; and
4.803.2.
Shall take an oath or affirmation to support
the Constitution of the United States and the Constitution of the
State of Missouri, to abide by this Charter and to faithfully perform
all of the duties of the office; and
4.803.3.
Must have at least five (5) years experience
in the field of corrections or related programs; and
4.803.4.
Must establish residency within the County
within one hundred twenty (120) days after assuming the position.
4.804.
Salary. The salary of the Director of Corrections
shall be fixed by the County Executive as part of the annual budget
ordinance, subject to approval by the County Council. Such salary
shall be paid to the Director in lieu of all fees, commissions, penalties,
charges or other money due to or receivable by such officer, deputy
or assistant or the office. Salary, mileage, travel, and other actual
and necessary expenses incurred by the Director shall be reimbursed
as provided by ordinance.
4.901.
Selection. The Medical Examiner shall be appointed
by the County Executive subject to approval by the County Council.
He shall hold office at the pleasure of the County Executive.
4.902.
Powers and Duties.
4.902.1.
The Medical Examiner shall operate the department
within the guidelines of the County personnel policy and purchasing
policy.
4.902.2.
The Medical Examiner shall account for and
deposit, in accordance with applicable law, all fees, commissions,
penalties, or other funds payable to this office.
4.902.3.
The Medical Examiner may, as provided by ordinance,
appoint and remove medical assistants, who shall be licensed physicians;
appoint investigators experienced in law enforcement, who shall be
trained in forensic medical examination; and appoint other technical
personnel with approval of the County Council.
4.902.4.
The Medical Examiner may enter into contracts
and agreements on behalf of the County with any hospital, laboratory,
governmental institution or medical facility for medical services
required in furtherance of his duties.
4.902.5.
He shall have certain powers of investigation.
4.902.5.1.
The Medical Examiner shall have power and
duty to investigate the cause of violent or suspicious deaths where
the body of any person coming to death shall be discovered in the
County. He shall perform or cause to be performed autopsies as allowed
by applicable law, and may investigate any condition that may be deleterious
to public health and to the environment in the County. He shall perform
all duties and functions prescribed by applicable law for coroners
except as otherwise provided in this Charter, and make examinations
as to any matter within his jurisdiction.
4.902.5.2.
Whenever, in the opinion of the Medical
Examiner, after a full investigation of the circumstances and causes
of death, or of the deleterious condition of health or the environment
in the County, there is reasonable suspicion of a violation of the
criminal or civil law of the State, or ordinance of the County, a
full copy of all evidence and opinion of the investigating examiner
shall be promptly filed with the Prosecuting Attorney and the appropriate
law enforcement office of each jurisdiction affected.
4.902.6.
The Medical Examiner and assistants shall
have power to administer oaths and affirmations, take affidavits,
but shall not be required to summon a jury of inquisition.
4.902.7.
The Prosecuting Attorney and all interested
and affected officers and employees of the County shall cooperate
fully with and assist the Medical Examiner in the performance of his
duties.
4.903.
Qualifications. To serve as Medical Examiner,
a person shall:
4.903.1.
Be a licensed physician, and a pathologist
certified by the board in that specialty, or eligible for such certification,
with experience in forensic pathology.
If no forensic pathologist is available for appointment, an
acting Medical Examiner who is a licensed physician may be appointed
to serve for a period not to exceed one (1) year.
|
4.904.
Compensation. The compensation of the Medical
Examiner shall be fixed by the County Executive as part of the annual
budget ordinance, subject to approval of the County Council, or through
a contractual agreement approved by the County Council and executed
by the County Executive.
4.1001.
Selection. The Prosecuting Attorney shall be
elected at the general election in 1994 and every four (4) years thereafter.
He shall take office on January first (1st), following certification
of election.
4.1002.
Vacancy. A vacancy in the office of Prosecuting
Attorney shall be filled by the County Executive subject to confirmation
by the Council. The person appointed shall be a member of the same
political party as the previous occupant (if so affiliated). He shall
hold office until January first (1st), following the next general
election at which a successor shall be elected for the unexpired or
the full term as the case may be.
4.1003.
Powers and Duties.
4.1003.1.
The Prosecuting Attorney shall possess and
exercise all powers and duties now or hereafter given to that office
by applicable law.
4.1003.2.
The Prosecuting Attorney shall operate the
department within the guidelines of the County personnel policy and
purchasing policy.
4.1003.3.
The Prosecuting Attorney shall account for
and deposit, in accordance with applicable law, all fees, commissions,
penalties or other funds payable to this office.
4.1003.4.
The Prosecuting Attorney shall not engage
in the private practice of law.
4.1004.
Qualifications. To serve as Prosecuting Attorney,
a person must:
4.1004.1.
Must be a registered voter in St. Charles
County who shall have resided in St. Charles County for a period of
not less than two (2) years immediately prior to the general election;
and
4.1004.2.
Shall not at the time of assuming office,
and during the term in office, hold any other remunerative office
with the United States, the State of Missouri, St. Charles County,
or any political subdivision of the State. This Subparagraph shall
not apply to membership in the military forces of the United States,
the State militia, or notaries public; and
4.1004.3.
Shall take an oath or affirmation to support
the Constitution of the United States and the Constitution of the
State of Missouri, to abide by this Charter and to faithfully perform
the duties of the office; and
4.1004.4.
Be currently and for at least five (5) years
have been duly licensed to practice law in the State of Missouri;
and
4.1004.5.
Shall complete all training for Prosecuting
Attorneys that the laws of the State of Missouri authorize for Prosecuting
Attorneys in any non-charter County, whenever such training is offered
by the State of Missouri itself or by one of its agencies or subdivisions;
and shall furnish a certificate of completion of such training to
the County Executive.
4.1005.
Salary. Until December 31, 1994, the salary
of the Prosecuting Attorney shall be the same salary being paid to
him on April 6, 1992. After January 1, 1995, the salary of the Prosecuting
Attorney shall be fixed by budget ordinance. The salary for this next
term shall be fixed by the County Council prior to February 1, 1994,
and every four (4) years thereafter for ensuing terms. Such salary
shall be paid to the Prosecuting Attorney in lieu of all fees, commissions,
penalties, charges or other money due to or receivable by such officer,
deputy or assistant or the office. Salary, mileage, travel, and other
actual and necessary expenses incurred by the Prosecuting Attorney
shall be reimbursed as provided by ordinance.
4.1006.
Assistant Prosecuting Attorneys. The Prosecuting
Attorney may appoint assistants, as the budget allows, to carry out
the duties of the office. Assistants shall be licensed practicing
attorneys but shall not be required to reside in St. Charles County
while working as Assistant Prosecutors.
4.1101.
Selection. The Public Administrator shall be
appointed for a term of four (4) years by a majority of the Circuit
and Associate Circuit Judges of the 11th Judicial Circuit, meeting
en banc. He may be removed from office during the term by the authority
who appointed him in the same manner as he was appointed.
4.1102.
Powers and Duties.
4.1102.1.
The Public Administrator shall possess and
exercise the powers and duties prescribed for the office by applicable
law.
4.1102.2.
The Public Administrator shall operate the
office within the guidelines of the County personnel policy and purchasing
policy.
4.1102.3.
The Public Administrator shall account for
and deposit, in accordance with applicable law, all fees, commissions,
penalties or other funds payable to this office.
4.1103.
Qualifications. To serve as Public Administrator,
a person shall:
4.1103.1.
Must be a registered voter in St. Charles
County who shall have resided in St. Charles County for a period of
not less than two (2) years immediately prior to the general election;
and
4.1103.2.
Shall not at the time of assuming office,
and during the term in office, hold any other remunerative office
with the United States, the State of Missouri, St. Charles County,
or any political subdivision of the State. This Subparagraph shall
not apply to membership in the military forces of the United States,
the State militia, or notaries public; and
4.1103.3.
Shall take an oath or affirmation to support
the Constitution of the United States and the Constitution of the
State of Missouri, to abide by this Charter and to faithfully perform
the duties of the office; and
4.1103.4.
Shall complete all training for Public Administrators
that the laws of the State of Missouri authorize for a Public Administrator
in any non-charter County, whenever such training is offered by the
State of Missouri itself or by one of its agencies or subdivisions;
and shall furnish a certificate of completion of such training to
the St. Charles County Circuit Court en banc.
4.1104.
Salary/Fees. The salary of the Public Administrator
for the term beginning January 1, 1993, shall be the same salary being
paid to him on April 6, 1992. After January 1, 1997, the salary of
the Public Administrator shall be fixed by budget ordinance. He shall
account for and pay into the County General Revenue Fund all fees
payable to him under the applicable law. Such salary shall be paid
to the Public Administrator in lieu of all fees, commissions, penalties,
charges or other money due to or receivable by such officer, deputy
or assistant or the office. Salary, mileage, travel, and other actual
and necessary expenses incurred by the Public Administrator shall
be reimbursed as provided by ordinance.
4.1201.
Selection.
4.1201.1.
If it is retained as an elected office, the
Recorder of Deeds shall be elected at the general election of 1994,
and shall take office on January 1, 1995, following certification
of election to office.
4.1202.
Vacancy. A vacancy in the elective office of
Recorder of Deeds shall be filled by the County Executive subject
to approval by the Council. The person appointed shall be a member
of the same political party as the previous occupant (if so affiliated)
and shall hold office until January first (1st), following the next
general election. At that general election, a successor shall be elected
for the unexpired or full term as the case may be.
4.1203.
Powers and Duties.
4.1203.1.
The Recorder of Deeds shall possess and exercise
all powers and duties now or hereafter given to that office for a
County of the First Class by applicable law except for powers or duties
removed or assigned to other offices pursuant to the provisions of
this Charter.
4.1203.2.
The Recorder of Deeds shall operate the office
within the guidelines of the County personnel policy and purchasing
policy.
4.1203.3.
The Recorder of Deeds shall account for and
deposit, in accordance with applicable law, all fees, commissions,
penalties or other funds payable to this office.
4.1204.
Qualifications. To serve as Recorder of Deeds,
a person:
4.1204.1.
Must be a registered voter in St. Charles
County who shall have resided in St. Charles County for a period of
not less than two (2) years immediately prior to the general election;
and
4.1204.2.
Shall not, at the time of assuming office,
and during the term in office, hold any other remunerative office
with the United States, the State of Missouri, St. Charles County
or any political subdivision of the State. This Subparagraph shall
not apply to membership in the military forces of the United States,
the State militia, notaries public; and
4.1204.3.
Shall take an oath or affirmation to support
the Constitution of the United States and the Constitution of the
State of Missouri, to abide by this Charter and to faithfully perform
all of the duties of the office; and
4.1204.4.
Shall complete all training for Recorders
of Deeds that the laws of the State of Missouri authorize for Recorders
of Deeds in any non-charter County, whenever such training is offered
by the State of Missouri itself or by one of its agencies or subdivisions;
and shall furnish a certificate of completion of such training to
the County Executive.
4.1205.
Salary. The salary of the Recorder of Deeds
for the period ending December 31, 1994, shall be the same salary
being paid to him on April 6, 1992. After January 1, 1995, the salary
of the Recorder of Deeds shall be fixed by ordinance. The salary,
if the position remains elective, shall for the next four (4) year
term be fixed by the County Council prior to February 1, 1994, and
every four (4) years thereafter for ensuing terms. The salary, if
the position be appointed, shall be fixed as part of the annual budget
ordinance. Such salary shall be paid to the Recorder of Deeds in lieu
of all fees, commissions, penalties, charges or other money due to
or receivable by such officer, deputy or assistant or the office.
Salary, mileage, travel, and other actual and necessary expenses incurred
by the Recorder of Deeds shall be reimbursed as provided by ordinance.
4.1301.
Selection.
4.1301.1.
The Sheriff shall be elected for a two (2)
year term at the general election of 1992 and then for four (4) year
terms beginning with the election of 1994. The Sheriff shall assume
office on January first (1st) following certification of election.
4.1301.2.
In November, 2012, the voters will decide
whether to retain this as an elected position with a four (4) year
term; or establish a County Police Department and transfer the duties
for the patrol division, detective bureau and other direct law enforcement
duties and their support functions to such County Police Department
and to provide that the Sheriff's Department will be in charge
of court services and security including prisoner transport, court
services and service of process.[1]
[1]
Editor's Note—In November, 2012, the voters agreed
to amend these provisions.
4.1302.
Vacancy. A vacancy in the elective office of
Sheriff shall be filled by the County Executive subject to approval
by the Council. The person selected shall be a member of the same
political party as the previous occupant (if so affiliated). He shall
hold office until January first (1st), following the next general
election at which a successor shall be elected for the unexpired or
full term as the case may be.
4.1303.
Powers and Duties.
4.1303.1.
The Sheriff shall possess and exercise all
powers and duties now or hereafter given to that office for a County
of the First Class by applicable law except for powers or duties removed
or assigned to other offices pursuant to the provisions of this Charter.
From and after January 1, 2015 the Sheriff shall possess and exercise
only those powers and duties now or hereafter given to the office
of Sheriff for a County of the First Class by applicable law related
to the provision of services necessary for the operations of the courts
for which the County is responsible including but not limited to prisoner
transport civil process, bailiffs, court services and security and
matters relating to jurors.[2]
[2]
Editor's Note—In November, 2012, the voters agreed to
amend these provisions.
4.1303.2.
The Sheriff shall operate the office within
the guidelines of the County personnel policy and purchasing policy.
4.1303.3.
The Sheriff shall account for and deposit,
in accordance with applicable law, all fees, commissions, penalties
or other funds payable to this office.
4.1303.4.
Before January 1, 1995, the Sheriff shall
have responsibility for the enforcement of laws and ordinances, supervision
of corrections facilities, and provision of services for the courts.
4.1303.5.
From and after January 1, 1995, and until
December 31, 2014, the Sheriff shall:[3]
4.1303.5.1.
Have supervision, management and control
of and responsibility for the efficient and effective administration
and performance of the duties, powers and functions of suppression
of crime and other appropriate law enforcement, including traffic
control, in the unincorporated portions of St. Charles County invested
by this Charter in the office. He and all duly authorized officers,
agents and deputized representatives shall have designated powers
and duties including preservation of order, prevention of crimes and
misdemeanors, apprehension and arrest, conserving the peace and other
Police and law enforcement functions, except those powers and duties
vested in other departments or offices of the County by this Charter;
and
4.1303.5.2.
Enforce the ordinances and orders of the
Council and have other such powers and duties as may be provided by
ordinance including, but not limited to, the performance of Police
duties in incorporated areas of the County under contract authorized
or entered into by the Council with the Governing Body of any such
incorporated area. The Sheriff shall also have the power to deputize
members of the Police Departments of the various municipalities of
the County and other persons under such standards, conditions and
regulations as the Council shall approve; and
4.1303.5.3.
Be responsible for the provision of services
necessary for the operations of the courts for which the County is
responsible including but not limited to civil process, bailiffs,
court security and matters relating to jurors; and
4.1303.5.4.
Serve as the Chief Law Enforcement Officer
of the County.
[3]
Editor's Note—In November, 2012, the voters agreed
to amend these provisions.
4.1303.6.
From and after January 1, 2015, the Sheriff
shall be responsible for the provision of services necessary for the
operations of the courts for which the County is responsible including
but not limited to prisoner transport, civil process, bailiffs, court
services and security and matters relating to jurors.[4]
[4]
Editor's Note—In November, 2012, the voters agreed
to add these provisions.
4.1304.
Qualifications. To serve as Sheriff, a person:
4.1304.1.
Must be a registered voter in St. Charles
County who shall have resided in St. Charles County for a period of
not less than two (2) years immediately prior to the general election;
and
4.1304.2.
Shall not at the time of assuming office,
and during the term in office, hold any other remunerative office
with the United States, the State of Missouri, St. Charles County
or any political subdivision of the State. This Subparagraph shall
not apply to membership in the military forces of the United States,
the State militia, or notaries public; and
4.1304.3.
Shall take an oath or affirmation to support
the Constitution of the United States and the Constitution of the
State of Missouri, to abide by this Charter and to faithfully perform
all of the duties of the office; and
4.1304.4.
Shall complete all training for Sheriffs
that the laws of the State of Missouri authorize for Sheriffs in any
non-charter County, whenever such training is offered by the State
of Missouri itself or by one of its agencies or subdivisions; and
shall furnish a certificate of completion of such training to the
County Executive; and
4.1304.5.
Shall be at least twenty-one (21) years old
and free of any felony convictions prior to and during the term of
office; and
4.1304.6.
Shall be Peace Officer Standards and Training
Commission (POST) certifiable in a First Class County on the day of
assumption of the office of Sheriff.
4.1305.
Salary. Until December 31, 1994, the salary
of the Sheriff shall be the same salary being paid to him on April
6, 1992. After January 1, 1995, the salary of the Sheriff shall be
fixed by ordinance. The salary, if the position remains elective,
shall for the next four (4) year term be fixed by the County Council
prior to February 1, 1994, and every four (4) years thereafter for
ensuing terms. The salary, should the position be appointed, shall
be fixed as part of the annual budget ordinance. Such salary shall
be paid to the Sheriff in lieu of all fees, commissions, penalties,
charges or other money due to or receivable by such officer, deputy
or assistant or the office. Salary, mileage, travel, and other actual
and necessary expenses incurred by the Sheriff shall be reimbursed
as provided by ordinance.
4.1401.
Selection. The Treasurer shall be elected for
a two (2) year term at the general election of 1992 and shall take
office on January first (1st) following certification of election.
On December 31, 1994, the position of Treasurer will be abolished.
The duties of Treasurer will be reassigned as determined by the County
Council.
4.1501.
The County Council may by ordinance establish and amend an administrative
Code which shall govern all County Officers including those heretofore
described and many others not herein described. This administrative
Code may create, eliminate, monitor, and regulate functions, services,
offices and departments of County Government, all to be administered
by the County Executive, except the Auditor, the Circuit Clerk, the
Director of Elections, and the Prosecuting Attorney, each of whom
will perform their duties independent of the County Executive.
4.1501.1.
The Auditor will be monitored by and responsible
to the County Council.
4.1501.2.
The Circuit Clerk will be monitored by and
responsible to the Circuit Court.
4.1501.3.
The Director of Elections functioning as
the election authority of the County shall function independently.
4.1501.4.
The Prosecuting Attorney shall function independently
in his role as a criminal prosecutor; however, if at any time in the
future the action of quo warranto be assigned to his office, he shall
act at the direction of the County Executive.
4.1501.5.
Elected officials who fail to meet the qualifications
for their office shall be subject to quo warranto.
4.1501.6.
Notwithstanding any other provision of the
Charter to the contrary, the County Executive shall have oversight
of the working conditions of all employees of the County. Should there
be a complaint of harassment, discrimination or gross mismanagement
of an employee or employees, the County Executive may have the complaint
investigated. If the complaint is substantiated and the investigation
indicates the harassment, discrimination or gross mismanagement adversely
affects the complaining employee and or other employees of the department,
the County Executive shall have the authority to take action to prevent
the harassment of, discrimination against, or gross mismanagement
of any employee of the County. If the County Executive determines
it is necessary to transfer the direct supervision of an employee,
or employees, from an elected official to a personnel administrator,
who shall be charged with the day-to-day administration and supervision
of the employees, he shall do so only after obtaining a vote of a
two-thirds (2/3) majority of the County Council.[1]
[1]
Editor's Note—In November, 2012, the voters agreed
to add these provisions.
4.1502.
There shall be departments as may be established by ordinance.
All departments shall be internally organized as may be provided by
ordinance or, in the absence thereof, by executive order.
4.1503.
Except as otherwise provided in this Charter, the head of each
department shall be appointed by the County Executive subject to approval
by the Council.
4.1504.
Each department head shall:
4.1504.1.
Within one hundred twenty (120) days of appointment,
be a resident of St. Charles County; and
4.1504.2.
Have knowledge of the principles and practices
of administrative organization; and
4.1504.3.
Be familiar with the functions for which
he is responsible; and
4.1504.4.
Have at least three (3) years of executive
or administrative experience.
4.1505.
The head of each department shall manage the department, and
appoint, under the merit system, except as otherwise provided herein,
and assign functions and duties to such officers, deputies, assistants
and employees as may be provided for in this Charter or by ordinance.
All County elected officials and all appointed department heads
including those heretofore described in Chapter Four and others not
herein described in Chapter Four and taking office on or after January
1, 1999, shall not engage in any of the following activities:
4.1601.
At any time while serving in office carry on any trade, occupation,
business or enterprise for personal pecuniary profit or gain during
the normal business hours of St. Charles County; or
4.1602.
At any time while serving in office engage in commercial enterprise,
or otherwise receive compensation for services rendered as an employee
or officer or by contractual arrangements with private interests which
engage in business transactions with the County; or
4.1603.
At any time while serving in office own stock or any other investment
in any corporation or similar legal entity amounting to more than
a five (5) percent ownership interest in the authorized and issued
stock or other investment in that corporation or similar legal entity
which engages in business transactions with the County.