This Charter shall be submitted to the voters of St. Charles
County, Missouri, at an election which shall be held on Tuesday, April
7, 1992.
This Charter shall become effective on January 1, 1993, except
as otherwise expressly provided for in this Charter. This Charter,
except as herein otherwise expressly provided, shall supersede all
laws of the State of Missouri in conflict herewith, provided however,
the State laws relating to nomination or election shall apply to the
nomination or election of all officers required to be elected under
this Charter commencing with the primary and general elections in
1992.
The present Presiding Commissioner will retain during 1993 and 1994 the position to which he was elected and will fulfill the functions of the executive branch during that time. In the event of a vacancy during this time, the provisions of Section 3.400 shall apply. On January 1, 1995, elected County Executive shall take office.
The present two (2) Associate Commissioner positions will be
abolished after December 31, 1992.
11.401.Â
The seven (7) County Council members shall be elected on November
3, 1992, and will take office on January 1, 1993. The County Council
members from the second (2nd), fourth (4th), and sixth (6th) districts
will be elected to a four (4) year term and those from the first (1st),
third (3rd), fifth (5th) and seventh (7th) districts will be elected
to a two (2) year term. In future elections, all terms will be for
four (4) years.
The seven (7) County Council members will elect the Chair and
Vice-Chair of the County Council as the first (1st) order of business
at the first (1st) meeting of each calendar year.
11.402.Â
After the County Council members are elected on November 3,
1992, they and the Presiding Commissioner will serve as a transition
committee with secretarial and clerical assistance until they formally
assume office on January 1, 1993.
11.501.Â
Three (3) presently elected positions will appear on the ballot
on November 3, 1992. These are the positions of Sheriff, Assessor
and Treasurer. The terms of office, for this election only, will be
for two (2) years.
11.502.Â
If the voters choose to retain elected rather than appointed
officials in the Charter amendment elected on April 6, 1993, each
of the elected officials would then be up for election again on November
8, 1994.
11.601.Â
The Sheriff will continue to operate this office as it is presently
done until January 1, 1995; at that time, the office will be divided
into two (2) departments. The Sheriff will be responsible for law
enforcement. There will be an appointed Director of Services for Courts
and Corrections in charge of the Jail and court related duties.
11.602.Â
The Treasurer's position will be abolished after January
1, 1995, and the duties of this position will, at that time, be absorbed
into other offices by virtue of ordinances adopted by the County Council.
11.603.Â
The Public Administrator will be appointed by the Circuit and
Associate Circuit Judges of the 11th Judicial Circuit meeting en banc,
beginning on January 1, 1993.
Except for powers assigned to or removed from the respective
offices by this Charter, the person occupying the offices of Director
of Elections, Circuit Clerk, Collector, Recorder of Deeds, and Auditor
on January 1, 1993, shall have and retain for the remainder of his
term all the powers and duties of the respective offices and shall
retain the titles of the respective offices as provided in this Charter.
If at the Charter amendment election on April 6, 1993, the voters
decide that some or all positions put to a vote on that date should
be appointed positions, these positions would be appointed by the
newly elected County Executive and these appointees would take office
after January 1, 1995. These appointments would be acted upon by the
County Council as the second (2nd) order of business at the first
(1st) meeting of the County Council in 1995.
All employees of the County on January 1, 1993, except for those exempted by Section 7.300 shall be deemed to have been hired under the merit system and hereinafter all employees shall be subject to the provisions of the merit system pursuant to the terms of this Charter or ordinance.
All ordinances, resolutions, orders and regulations in force
at the time this Charter takes effect and not inconsistent with the
provisions of this Charter shall remain and be in force until altered,
modified or repealed.
All judicial proceedings of any kind or character and all condemnation
proceedings for the taking or damaging of private property for public
use, and all proceedings to incur debt and issue bonds, begun or pending
at the time this Charter takes effect, and all contracts for the doing
of any kind of public works, not completed and performed at the time
this Charter takes effect shall in no wise be affected by the adoption
of this Charter; but the same may be completed in every respect as
nearly as may be in accordance with the provisions of this Charter.
All rights of action, contracts, titles, fines, penalties, and
forfeitures accrued to and in favor of the County or against the County
before this Charter goes into effect shall remain in existence in
full force and effect as fully in every respect as if the Charter
had not taken effect. All recognizances and contracts lawfully entered
into or executed by or to the County and the lien thereof, and all
writs, prosecutions, actions and causes of action shall continue and
remain unaffected by this Charter.
All departments, boards, commissions, and agencies currently
in existence shall continue in existence until such time as their
existence is terminated by action of the County Council. The departments,
officers, boards, commissions, and other agencies provided for in
this Charter shall be entitled to the possession of all papers, books,
documents, maps, plats, records and archives now in the possession
or under the control of those, respectively, who are superseded under
this Charter by such departments, officers, boards, or other agencies.
If any doubt shall exist as to what department, office, officer
or agency of the County shall exercise or perform any power or duty
conferred or imposed by the Constitution, by applicable law or by
this Charter, the Council by ordinance shall specify by whom such
power or duty shall be exercised or performed.
All matters pending before or under consideration by the County
Commission at the time this Charter takes effect, to the extent they
are not inconsistent with the provisions of this Charter may be acted
upon and disposed of as if they had originated and had been introduced
under this Charter.
Nothing in this Charter shall be deemed to affect the duties
and responsibilities of any County Officer serving in an elected office
after the date of the adoption of this Charter until the effective
date of this Charter.
Prior to January 1, 1993, the County Commission shall perform
the budgetary duties assigned to the County Council.
