[CC 1977 §2-26; Rev. Ords. 1939 Ch. 4 Art. 1 §2]
The Board of Aldermen shall be composed of eight (8) members,
two (2) elected from each ward in the City.
[CC 1977 §2-35; Ord.
No. 237-B §2, 10-9-1939; Ord. No. 2769(29-02) §1, 4-15-2002; Ord.
No. 3259 §2, 11-18-2013; Ord. No. 3458-19, 2-4-2019]
No person shall be an Alderman unless he/she is at least eighteen
(18) years of age, a citizen of the United States and an inhabitant
and resident of the City for one (1) year next preceding his/her election
and a resident of the ward from which he/she is elected. Pursuant
to Section 79.050, RSMo., and a vote of the citizens of Harrisonville
on April 2, 2002, Aldermen shall be elected for a term of four (4)
years.
[CC 1977 §2-34; Rev. Ords. 1939 Ch. 5 Art. 1 §1; Ord. No. 2768(28-02) §1, 4-15-2002; Ord.
No. 3259 §2, 11-18-2013]
No person shall be Mayor unless he/she is at least twenty-five
(25) years of age, a citizen of the United States and a resident of
the City at the time for at least one (1) year next preceding his/her
election. Pursuant to Section 79.050, RSMo. and a vote of the citizens
of Harrisonville on April 2, 2002, the Mayor shall be elected for
a term of four (4) years.
The Board shall in April elect one (1) of their own number who
shall be styled "Acting President of the Board of Aldermen" and who shall serve for a term of one (1) year.
[Ord. No. 3259 §2, 11-18-2013]
When any vacancy shall happen in the office of Mayor by death,
resignation, removal from the City, removal from office, refusal to
qualify, or from any other cause whatever, the Acting President of
the Board of Aldermen shall, for the time being, perform the duties
of Mayor, with all the rights, privileges, powers and jurisdiction
of the Mayor, until such vacancy be filled or such disability be removed;
or, in case of temporary absence, until the Mayor's return. The Mayor
Pro Tem may move, second and debate when he/she is serving as the
presiding officer and shall not be deprived of any of the rights and
privileges of a Board member.
[Ord. No. 3641, 3-20-2023]
The Mayor and Board of Aldermen, through the City Administrator,
shall have the care, management, and control of the City and its finances.
The Mayor and Board of Aldermen shall have the power to enact and
ordain any and all ordinances not repugnant to the Constitution and
laws of this State, and such as they shall deem expedient for the
good government of the City, the preservation of peace and good order,
the benefit of trade and commerce, and the health of the inhabitants
therefor, and such other ordinances, rules and regulations as may
be deemed necessary to carry such powers into effect and to alter,
modify or repeal the same.
[Ord. No. 3641, 3-20-2023]
The Mayor shall have a seat in and preside over the Board of
Aldermen but shall not vote on any question except in case of a tie,
nor shall he/she preside or vote in cases when he/she is an interested
party. He/she, through the City Administrator, shall exercise a general
supervision over all the officers, employees, and agents of the City.
The Mayor shall further exercise supervision over all affairs of the
City and shall take care that the ordinances of the City, and the
State laws relating to such City, are complied with.
[Ord. No. 3259 §2, 11-18-2013]
The style of the ordinances of the City shall be: “Be
it ordained by the Board of Aldermen of the City of Harrisonville,
as follows:” No ordinance shall be passed except by bill, and
no bill shall become an ordinance unless on its final passage a majority
of the members elected to the Board of Aldermen shall vote for it,
and the “ayes” and “nays” be entered on the
journal. Every proposed ordinance shall be introduced to the Board
of Aldermen in writing. No ordinance shall be passed to a second reading
unless, after the first reading of either the title of the ordinance
or a full reading of the ordinance, a majority of the elected Board
of Aldermen votes to pass the ordinance to a second reading at the
same meeting. If the majority of the elected Board of Aldermen does
not vote to pass the ordinance to a second reading then the ordinance
shall be tabled until the following meeting. If the proposed ordinance
is read by title only, copies of the proposed ordinance shall be made
available for public inspection prior to the time the bill is under
consideration by the Board of Aldermen. No bill shall become an ordinance
until it shall have been signed by the Mayor, or person exercising
the duties of the Mayor’s office, or shall have been passed
over the Mayor’s veto as herein provided.
Every bill duly passed by the Board of Aldermen and presented
to the Mayor and by him/her approved shall become an ordinance, and
every bill presented as aforesaid, but returned with the Mayor's objections
thereto, shall stand reconsidered. The Board of Aldermen shall cause
the objections of the Mayor to be entered at large upon the journal
and proceed at its convenience to consider the question pending, which
shall be in this form: "Shall the bill pass, the objections of the
Mayor thereto notwithstanding?" The vote on this question shall be
taken by "ayes" and "nays" and the names entered upon the journal,
and if two-thirds (2/3) of all the members-elect shall vote in the
affirmative, the City Clerk shall certify the fact on the roll, and
the bill thus certified shall be deposited with the proper officer
and shall become an ordinance in the same manner and with like effect
as if it had received the approval of the Mayor. The Mayor shall have
power to sign or veto any ordinance passed by the Board of Aldermen;
provided, that should he/she neglect or refuse to sign any ordinance
and return the same with his/her objections, in writing, at the next
regular meeting of the Board of Aldermen, the same shall become a
law without his/her signature.
The Board of Aldermen shall cause to be kept a journal of its
proceedings, and the "ayes" and "nays" shall be entered on any question
at the request of any two (2) members. The Board of Aldermen may prescribe
and enforce such rules as it may find necessary for the expeditious
transaction of its business.
[Ord. No. 3259 §2, 11-18-2013]
The Board of Aldermen shall semi-annually each year, within
ninety (90) days of the reporting period, make out and spread upon
their records a full and detailed account and statement of the receipts
and expenditures and indebtedness of the City for the half year ending
with the last day of the month immediately preceding the date of such
report, which account and statement shall be published in some newspaper
in the City.
[Ord. No. 3259 §2, 11-18-2013]
In the event the financial statement of the City is not published as required by Section 110.110, the Treasurer of the City shall not pay out any money of the City on any warrant or order of the Board of Aldermen after the end of the month in which such financial statement should have been published until such time as such financial statement is published. Any Treasurer violating the provisions of this Section shall be deemed guilty of an ordinance violation.
[Ord. No. 3641, 3-20-2023]
The Board of Aldermen shall have power to compel the attendance
of witnesses and the production of papers and records relating to
any subject under consideration in which the interest of the City
is involved and shall have power to call on the proper officers of
the City, or of the County in which the City is located, to execute
such process. The officer making such service shall be allowed to
receive therefor such fees as are allowed by law in the Circuit Court
for similar services, to be paid by the City. The Mayor or Acting
President of the Board of Aldermen shall have power to administer
oaths to witnesses, or allow the City Clerk to administer oaths.
The Mayor shall sign the commissions and appointments of all
City Officers elected or appointed in the City and shall approve all
official bonds unless otherwise prescribed by ordinance.
[Ord. No. 3641, 3-20-2023]
The Mayor shall be active and vigilant in enforcing all laws
and ordinances for the government of the City, and he/she shall, through
the City Administrator, cause all subordinate officers to be dealt
with promptly for any neglect or violation of duty; and he/she is
hereby authorized to call on every male inhabitant of the City over
eighteen (18) years of age and under fifty (50) to aid in enforcing
the laws.
[Ord. No. 3641, 3-20-2023]
The Mayor may, from time to time, communicate to the Board of
Aldermen such measures as may, in his/her opinion, tend to the improvement
of the finances, the Police, health, security, ornament, comfort and
general prosperity of the City.
[CC 1977 §2-37; Ord.
No. 2328 §1, 12-9-1996]
A.
Causes For Disciplinary Action.
1.
Incompetence or inability to perform the duties as required.
2.
Offensive conduct that brings discredit upon the City.
3.
Misappropriation, destruction, theft or conversion of City property.
4.
Conviction or admission to crime involving moral turpitude.
5.
Conviction of two (2) or more misdemeanor violations which reflect
a disregard for the law.
6.
Including or attempting to induce any officer or employee in the
City service to commit an illegal act or to act in violation of any
departmental order.
7.
Solicitation or acceptance for personal use of any fee, gift or other
valuable thing in the course of service as an Alderman by any person
in expectation of receiving more favorable treatment or a favorable
vote.
8.
Any undisclosed conflict of interest which discredits the Board of
Aldermen.
9.
Failure to attend four (4) consecutive regular Board meetings or
six (6) regular meetings within a twelve (12) month period. When considering
whether to take action, the Board may consider an explanation or if
the absence was "excused" (i.e., medical or family emergency).
B.
Procedure For Investigation Hearing And Discipline.
1.
Any Board member may initiate an investigation by introducing a motion
requesting a committee to be appointed by the Mayor or Acting President
of the Board of Aldermen to investigate the alleged offense. The committee
must be appointed on the next regular or special meeting of the Board.
a.
If the conduct of more than one (1) Alderman is at issue, the investigation
may be combined to investigate all conduct, however, any vote regarding
whether to charge, discipline, etc., will address each Board member
individually.
2.
After appointment, the committee members must be approved by a majority
of individual roll call vote of the Board. The accused Board member
may not vote on this issue or any subsequent vote related to the investigation
or discipline.
3.
The committee will:
a.
Consist of three (3) Board members.
b.
Elect a Chairperson to Chair all committee meetings and to report
to the full Board.
c.
Discretely investigate the alleged offense, including a conference
with the accused and the accuser(s).
d.
After compilation, present a motion to the full Board to exonerate
or to charge. The motion should be supported by specific information
regarding the alleged offense.
4.
The Board will then vote on the motion to exonerate or to charge.
a.
If the Board votes to exonerate, the matter is resolved.
5.
The hearing.
a.
The hearing, if possible, should be a closed meeting; witnesses other
than Board members should only be present for their testimony.
c.
Both the accused and the Chair of the investigatory committee shall
be allowed to speak and present witnesses. Neither party is bound
by the rules of evidence.
6.
The disciplinary phase.
b.
All punishment requires a majority vote of the Board except impeachment
which requires a two-thirds (2/3) vote.
(1)
A member who has been charged is deprived of all rights of membership
including voting rights and a two-thirds (2/3) vote would not include
the charged member. Therefore, with eight (8) Aldermen, a two-thirds
(2/3) vote would require five (5) votes of the remaining Aldermen.
(2)
A motion for impeachment should only contain one (1) name. If
a motion for impeachment contains more than one (1) name, then all
members are entitled to vote in order to prevent a minority group
from expelling members from the Board.
c.
The accused should be summoned and informed of the Board's decision
on guilt or innocence and discipline. The Board member must carry
out the ordered discipline within ten (10) days or the Board must
reconvene to consider additional or more severe discipline.
[CC 1977 §2-27; Rev. Ords. 1939 Ch. 4 Art. 1 §2; Ord. No. 1571 §1, 2-2-1987; Ord.
No. 2350 §1, 2-24-1997; Ord. No. 2560 §1, 12-14-1998; Ord. No. 3259 §2, 11-18-2013]
The regular meeting night of the Board of Aldermen shall be
the first and third Mondays of each month at 7:00 P.M, provided that
when the day fixed for any regular meeting of the Board falls upon
a day designated by law as a legal or national holiday, such meeting
shall be held at the same hour on the next succeeding day not a holiday,
unless otherwise provided by the Board.
[Ord. No. 3259[1] § 1, 11-18-2013]
A.
Public notice of all regular and special public meetings conducted
by the City Board or any other board or commission of the City, except
for emergency meetings, shall be given by posting the agenda for such
meeting at City Hall in a place accessible to the general public at
least twenty-four (24) hours prior to convening the meeting.
B.
For any public meeting where a vote of the governing body is required
to implement a tax increase, or with respect to a retail development
project when the governing body votes to utilize the power of eminent
domain, create a transportation development district or a community
improvement district, or approve a redevelopment plan that pledges
public funds as financing for the project or plan, the governing body
of the City, or any entity created by the City, shall give notice
at least four (4) days before such entity may vote on such issues,
exclusive of weekends and holidays when the facility is closed, provided
that this section shall not apply to any votes or discussion related
to proposed ordinances which require a minimum of two (2) separate
readings on different days for their passage. No vote shall occur
until after a public meeting on the matter at which parties in interest
and citizens shall have an opportunity to be heard. If the notice
required under this section is not properly given, no vote on such
issues shall be held until proper notice has been provided under this
section. For the purpose of this section, a tax increase shall not
include the setting of the annual tax rates provided for under Sections
67.110 and 137.055, RSMo.
[Ord. No. 3259 §2, 11-18-2013]
The Mayor shall take the Chair precisely at the hour appointed
for the meeting and shall immediately call the Board to order.
[Ord. No. 3259 §2, 11-18-2013]
Before proceeding with the business of the Board, the City Clerk
or the City Clerk's deputy shall call the roll of members, and the
names of those present shall be entered in the minutes.
[Ord. No. 3259 §2, 11-18-2013]
Five (5) members of the Board shall constitute a quorum at any
regular or special meeting of the Board; the Mayor shall not be included
in calculating the quorum. No action shall be valid without a majority
of the Board is present, or as otherwise provided in this Code or
by State Law, shall vote in favor of such action.
[Ord. No. 3259 §2, 11-18-2013]
A.
All meetings of the Board are open to the public. Promptly at the
hour set by law on the day of each regular meeting, the members of
the Board, the City Clerk, City Attorney and City Administrator shall
take their customary places in the Board Chambers and the business
of the Board shall be taken up for consideration and disposition in
the following order:
1.
Call to order/Pledge of Allegiance.
2.
Roll call.
3.
Ceremonial matters.
4.
Public participation.
5.
Approval of minutes.
6.
Agenda items.
7.
Aldermen and committee reports.
8.
Report from the City Administrator.
9.
Questions from the media.
10.
Adjourn to Executive Session.
11.
Adjourn from Regular Session.
[Ord. No. 3259 §2, 11-18-2013]
Unless a reading of the minutes of a Board meeting is requested
by a member of the Board, such minutes may be approved without reading
if the Clerk has previously furnished each member with a summary thereof.
[Ord. No. 3259 §2, 11-18-2013]
Every member desiring to speak shall address the Chair and,
upon recognition by the presiding officer, shall confine himself/herself
to the question under debate, avoiding all personalities and indecorous
language.
[Ord. No. 3259 §2, 11-18-2013]
A member, once recognized, shall not be interrupted when speaking
unless it is to call such member to order, or as otherwise provided
in this Chapter. If a member, while speaking, is called to order,
the member shall cease speaking until the question of order is determined,
and if in order, the member shall be permitted to proceed.
[Ord. No. 3259 §2, 11-18-2013]
The member of the Board moving the adoption of an ordinance
or resolution shall have the privilege of closing the debate.
[Ord. No. 3259 §2, 11-18-2013]
A motion to reconsider any action taken by the Board may be
made no later than the next regular meeting day after such action
was taken. Such motion must be made by one of the prevailing side,
but may be seconded by any member, and may be made at any time and
have precedence over all other motions or while a member has the floor;
it shall be debatable.
[Ord. No. 3259 §2, 11-18-2013]
A member of the Board may request, through the presiding officer,
the privilege of having an abstract of such member's statement on
any subject under consideration by the Board entered in the minutes.
If the Board consents thereto, such statement shall be entered into
the minutes.
[Ord. No. 3259 §2, 11-18-2013]
The Clerk may be directed by the presiding officer, with consent
of the Board, to enter in the minutes a summary of the discussion
on any question coming regularly before the Board.
[Ord. No. 3259 §2, 11-18-2013; Ord. No. 3489, 3-16-2020]
A.
Any person desiring to address the Board shall first obtain the recognition
of the presiding officer. The following rules shall govern communications
and recognition.
1.
Public participation during regular meetings of the Board of
Aldermen shall be limited to those who have submitted a completed
agenda request form.
2.
Each person wishing to address the Board during regular meetings
of the Board of Aldermen on a topic not on the agenda shall submit
a completed agenda request form five (5) business days prior to the
meeting the person wishes to address the Board. If the agenda request
concerns a complex issue requiring staff research time, the opportunity
to address the Board may be moved to a future meeting instead of the
meeting immediately following the submission of the agenda request
form.
3.
Those that have submitted a completed agenda request form shall
be limited to three (3) minutes to address the Board, this time cannot
be yielded to another person and this time may be extended in three
(3) minutes increments only upon a majority vote of the members of
the Board of Aldermen, with each additional three (3) minute increment
requiring an additional majority vote of the members of the Board
of Aldermen.
4.
Each person addressing the Board shall give his or her name
and address in an audible tone of voice for the record.
5.
All remarks shall be addressed to the Board as a body and not
to any member thereof. No person, other than the Board and the person
having the floor, shall be permitted to enter into the discussion,
either directly or through a member of the Board, without the permission
of the presiding officer. No question shall be asked of a member of
the Board except through the presiding officer. If a person continues
to speak out from the audience to interrupt and/or disrupt the meeting,
the Sergeant-at-arms may have that person removed from the premises.
6.
Written Communications. Interested persons, or their representatives,
may address the Board by written communications in regard to any matter
concerning the City's business by delivering a copy of such communication
to the City Clerk, either before the Board meeting commences or at
a recess of such Board meeting, or by reading the written communication
themselves.
7.
Oral Communications. Interested persons, or their representatives,
may address the Board by oral communications in regard to any matter
concerning City business.
8.
Handed Out Materials. All items/exhibits submitted and/or shown
either to the Board of Aldermen or staff during the meeting will be
retained and become part of the official record of these proceedings.
9.
Work Session. The public is welcome to attend but there is no
process to formally speak. Speakers are invited and given permission
by the Board of Aldermen or staff on an item being discussed. The
purpose of work session is for staff and the elected body to discuss
items of need or for information that do not need a formal action.
[Ord. No. 3259 §2, 11-18-2013]
After a motion is made by a Board member, no person shall address
the Board without first securing the permission of the presiding officer
to do so.
[Ord. No. 3259 §2, 11-18-2013]
A.
While the Board is in session, the members must preserve order and
decorum, and a member shall neither by conversation or otherwise delay
or interrupt the proceedings or the peace of the Board, nor disturb
any member while speaking or refuse to obey the orders of the Board
or its presiding officer, except as otherwise provided in this Chapter.
B.
Any person making personal, impertinent or slanderous remarks, or
who shall become boisterous while addressing the Board shall be forthwith,
by the presiding officer, barred from further audience before the
Board during the meeting, unless permission to continue be granted
by a majority vote of the Board.
[CC 1977 §2-28; Rev. Ords. 1939 Ch. 41 Art. 1 §6]
The Board of Aldermen may at any regular meeting in any month
by motion duly put and carried and entered in the journal, adjourn
a regular meeting to a later date in the month, the date to be specified
in a motion, and such meeting shall be known as the regular adjourned
meeting for the month.
[CC 1977 §2-29; Rev. Ords. 1939 Ch. 4 Art. 1 §2]
The Mayor or any two (2) members of the Board may call special
meetings of the Board of Aldermen. All officials of the City shall
be properly notified of such special meetings within a reasonable
period of time prior thereto.
[CC 1977 §2-30; Rev. Ords. 1939 Ch. 4 Art. 1 §2; Ord. No. 3259 §2, 11-18-2013]
A majority of the Board of Aldermen elected shall constitute
a quorum to do business, but a lesser number may adjourn from time
to time.
[CC 1977 §2-32]
All meetings of the Board of Aldermen shall be governed by the
provisions of Robert's Rules of Order.
[Ord. No. 3465, 6-3-2019]
A.
Meetings
Using Video Conference Technology.
1.
Policy Statement. It is legally permissible for members of the City's
public governmental bodies to attend meetings and vote via video conference
transmission. It is good public policy for citizens to have an opportunity
to meet with their elected officials face-to-face, and therefore elected
members of a public governmental body should endeavor to be physically
present at meetings. If physical attendance is not practical or possible,
elected members may attend meetings virtually with approval of the
Chairperson for the governmental body. If an elected member attends
any public governmental body meeting virtually, then that meeting
shall be available to the general public in virtual format. The purposes
of attendance by video conference include to accommodate the public
governmental body as a whole to allow meetings to occur when circumstance
would otherwise prevent the physical attendance of a quorum of the
body's members and to ensure that all members may participate in business
of the City.
[Ord. No. 3544, 6-7-2021]
2.
Video Conference Defined. For purposes of this Section "video conference"
or "video conferencing" shall refer to a means of communication where
at least one (1) member of a public government body participates in
the public meeting via an electronic connection made up of three (3)
components: 1) a live video transmission of the member of the public
governmental body not in physical attendance; 2) a live audio transmission
allowing the member of the public governmental body not in physical
attendance to be heard by those in physical attendance; and 3) a live
audio transmission allowing the member of the public governmental
body not in physical attendance to hear those in physical attendance
at a meeting. If at any time during a meeting one (1) or more of the
elements of a video conference becomes compromised (e.g., if any participants
are unable to see, hear, or fully communicate), then the video conference
participant is deemed immediately absent, and this absence should
be reflected in the minutes. A video conference participant's absence
may compromise a quorum in which case the applicable Missouri laws
shall take effect regarding a broken quorum.
3.
Frequency of Use of Video Conference Attendance. An elected member of a public governmental body may attend any meeting virtually or via video conference technology when physical attendance is not practical or possible, and when the elected member has received approval by the Chairperson to attend virtually. This Subsection is in keeping with Subsection (A)(1), above, and all elected members should physically attend public governmental body meetings when possible.
[Ord. No. 3544, 6-7-2021]
4.
Physical Location. Members of the public may not participate in a
public meeting of a governmental body via video conference. The public
wishing to attend a meeting and elected officials not participating
via video conferencing of a meeting shall participate at the physical
location where meetings of the public governmental body are typically
held, or as provided in a notice provided in accordance with the Sunshine
Law. The public governmental body shall cause there to be provided
at the physical location communication equipment consisting of an
audio and visual display, and a camera and microphone so that the
member(s) of the public governmental body participating via video
conferencing, the members of the public governmental body in physical
attendance, and the public in physical attendance may actively participate
in the meeting in accordance with rules of meeting decorum. The communication
equipment at the physical location of the meeting must allow for all
meeting attendees to see, hear, and fully communicate with the video-conferencing
participant.
5.
Voting. Elected members of a public governmental body attending a public meeting of that governmental body via video conference are deemed present for purposes of participating in a roll call vote to the same effect elected members of a public governmental body in physical attendance at a public meeting of that governmental body are deemed present. As indicated in Subsection (A)(2) above, if any component of the video conference communication fails during the meeting, the member attending the meeting by video conference whose connection failed shall be deemed absent immediately upon such failure, and if the public governmental body was in the act of voting, the voting shall stop until all of the components of video conference attendance are again restored and the video conference participant's presence is again noted in the minutes.
6.
Closed Meetings. In a meeting where a member of a public governmental
body is participating via video conferencing and the meeting goes
into a closed session, all provisions of Missouri law and City ordinances
relating to closed sessions apply. Upon the public governmental body's
vote to close the meeting, all members of the general public shall
not be present. Likewise, a member of a public governmental body participating
via video conferencing must ensure there are no members of the public
present at his or her location to see, hear, or otherwise communicate
during the closed session. The member must also take all reasonable
precautions to guard against interception of communication by others.
Failure to ensure the requirements of this Subsection may result in
corrective action by the full public governmental body in accordance
with City regulations.
7.
Minutes. In the meeting, whether in open or in closed session, the
minutes taken should reflect the member, if any, participating via
video conference; the members in physical attendance; and members,
if any, absent.
8.
Emergency Meetings. In the event that emergency circumstances create
impossibility for the members of a public governmental body to physically
attend, the body as a whole may meet, and if necessary vote, by video
conference. Examples of such emergency circumstances, include, but
are not limited to, war, riot, terrorism, widespread fire, or natural
disaster such as earthquake, torndo, hurricane, flood, or blizzard.
To the extent possible in such circumstances, the public governmental
body shall use reasonable efforts to cause a physical location to
be provided for public attendance and participation.
[Ord. No. 3492, 4-6-2020]
|
For as long as the Board of Aldermen decide to meet and vote
by video conference, the other various Boards and Commissions of the
City of Harrisonville may also meet, and if necessary vote, by video
conference. The other various Boards and Commissions referenced in
this Section includes but is not limited to the Planning and Zoning
Commission and Board of Zoning Adjustment.
|
9.
Any member who wishes to participate via video conference must notify
the City Clerk at least twenty-four (24) hours in advance of the meeting
so that the proper equipment may be set up.
