No person shall be an Alderperson unless he/she be 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, at the time he/she files and during the time he/she serves, of the ward from which he/she is elected.
State Law Reference — As to when alderpersons may be elected at large, §79.060, RSMo.
No person shall be Mayor unless he/she be at least twenty-five (25) years of age, a citizen of the United States, and a resident of the City at the time of and for at least one (1) year next preceding his/her election.
The Board shall elect one (1) of their own number who shall be styled "Acting President of the Board of Alderpersons" and who shall serve for a term of one (1) year.
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 Alderpersons 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 and Board of Alderpersons of each City governed by this Chapter shall have the care, management and control of the City and its finances and shall have 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 thereof, 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.
[R.O. 2011 §120.090; Ord. No. 073-88 §3-9, 2-22-1988]
The Board of Alderpersons, at its next regular meeting in the month following any general City election, shall complete all of its old business, and then the newly elected and appointed officers of the City shall be sworn into office.
The Mayor shall have a seat in and preside over the Board of Alderpersons 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 shall exercise a general supervision over all the officers and 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.
The style of the ordinances of the City shall be: "Be it ordained by the Board of Alderpersons of the City of Byrnes Mill, 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 Alderpersons shall vote for it, and the "ayes" and "nays" be entered on the journal. Every proposed ordinance shall be introduced to the Board of Alderpersons in writing and shall be read by title or in full two (2) times prior to passage, both readings may occur at a single meeting of the Board of Alderpersons. 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 Alderpersons. 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.
The provisions of this Section shall not apply to ordinances proposed or passed under Section 79.135, RSMo.
Every bill duly passed by the Board of Alderpersons 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 Alderpersons 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 Alderpersons; 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 Alderpersons, the same shall become a law without his/her signature.
The Board of Alderpersons 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 Alderpersons may prescribe and enforce such rules as it may find necessary for the expeditious transaction of its business.
The Board of Alderpersons shall semi-annually each year, at times to be set by the Board of Alderpersons, 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.
In the event the financial statement of the City is not published as required by Section 105.100, the Treasurer of the City shall not pay out any money of the City on any warrant or order of the Board of Alderpersons 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 a ordinance violation.
The Board of Alderpersons 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 such 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 Alderpersons shall have power to administer oaths to witnesses.
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.
The Mayor shall be active and vigilant in enforcing all laws and ordinances for the government of the City, and he/she shall 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.
The Mayor shall, from time to time, communicate to the Board of Alderpersons 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.
The Mayor shall have power to remit fines and forfeitures and to grant reprieves and pardons for offenses arising under the ordinances of the City; but this Section shall not be so construed as to authorize the Mayor to remit any costs which may have accrued to any officer of said City by reason of any prosecution under the laws or ordinances of such City.
The Board of Alderpersons of the City of Byrnes Mill, Missouri, shall meet in regular session in the City Hall at 7:00 P.M. on the first (1st) and third (3rd) Wednesday of each month unless otherwise stated, at such place as may be designated by resolution of the Board from time to time.
[R.O. 2011 §105.050; Ord. No. 073-88 §2-7, 2-22-1988]
At any regular or special meeting where a quorum (one (1) more than half (½) of elected Alderpersons) is present, the Mayor may call a special meeting, and unless he/she announces a specific purpose for the meeting any business may be transacted, including the introduction, reading and passing of ordinances.
The Mayor, at any time, may call a special meeting of the Board of Alderpersons for any purpose, including general purposes and the introduction, reading and adoption of ordinances, and in such case a quorum shall consist of one (1) more than half (½) of the Board of Alderpersons.
Special meetings may be called by three (3) Alderpersons, and in such case a quorum at such special meetings shall consist of one (1) more than half (½) of the Board of Alderpersons.
At the hour appointed, the Mayor, or in his/her absence the Acting President of the Board of Alderpersons, shall call the Board to order, the Clerk shall call the roll of members and announce whether or not a quorum is present. A majority of the members elected to the Board shall constitute a quorum. If a quorum not be present, a smaller number may lawfully adjourn the meeting from day to day until a quorum is present.
[R.O. 2011 §105.060; Ord. No. 073-88 §2-8, 2-22-1988]
Citizens attending regular and special Board meetings will be expected to preserve order and decorum. Interruptions and private conversations are discouraged. It shall be the duty of the Mayor or Acting President of the Board to preserve order and decorum and decide all questions of order, subject to an appeal to the Board.
Robert's Rules of Order shall govern the proceedings of the Board of Alderpersons and any question of procedure arising before said Board shall be determined thereby. The decision concerning compliance with Robert's Rules of Order shall be made by the Mayor subject to appeal to the Board of Alderpersons, which appeal may be made by any member of the Board of Alderpersons.
[R.O. 2011 §105.070; Ord. No. 073-88 §2-9, 2-22-1988]
Failure To Attend Meetings. In the event that a member of the Board of Alderpersons misses two (2) consecutive regular meetings of the Board without a valid excuse or leave of absence, the sufficiency of the excuse to be passed upon by the Board, he/she may be removed from office.
Failure To Perform Duties. In the event any member of the Board is consistently delinquent in his/her duties and fails to perform duties assigned to him/her by the Mayor and Board of Alderpersons in the regular course of business, charges to that effect may be filed against him/her by the Mayor or any member of the Board. The member in question shall be notified to appear at the next regular meeting of the Board where he/she may be heard in his/her own defense.
Filling Vacancy. Vacancies occurring under this Section shall be filled in the manner described in this Code or State Statutes.
[R.O. 2011 §105.100; Ord. No. 073-88 §2-12, 2-22-1988]
A standing committee known as the Ways and Means Committee shall consist of the Mayor and two (2) members of the Board of Alderpersons appointed by the Mayor with the approval of the Board of Alderpersons, as soon as practical after each Mayoral election. The Mayor shall be the Chairman of the Ways and Means Committee.