[R.O. 2008 §115.010; Code 1968 §2-2; CC 1988 §2-81; Ord. No. 6488 §2-81, 3-13-1995]
A.
All
officers elected to offices or appointed to fill a vacancy in any
elective office under the City government shall be voters under the
laws and constitution of this State and, except appointed officers,
must be residents of the City. No person shall be elected, or appointed
to any office who shall at the time be in arrears for any unpaid City
taxes, forfeiture, or defalcation in office.
B.
Officers Defined. The term "officers",
whenever used in this Chapter, shall include any person holding any
situation under the City Government or any of its departments, with
an annual salary, or for a definite term of office, other than clerical
or professional staff.
C.
CLERICAL STAFF
PROFESSIONAL STAFF
Definitions. As used in this Section, the following terms
shall have these prescribed meanings:
A person or persons employed in a public office, or as an
officer of a court, whose duty is to keep records or accounts.
That person or persons whose knowledge, occupation, instructions,
guidance or advisory position with regard to others is of such nature
that it renders the person or persons in an unique category not ordinarily
classified or available to those persons not already having acquired
said skills.
[R.O. 2008 §115.020; Code 1968 §2-1; CC 1988 §2-82]
Every officer of the City and his/her assistants, and every
Councilman, before entering upon the duties of his/her office, shall
take and subscribe to an oath or affirmation before some court of
record in the County, or the City Clerk, that he/she possesses all
the qualifications prescribed for his/her office by law; that he/she
will support the Constitution of the United States, and of the State
of Missouri, the provisions of all laws of this State affecting Cities
of this Class, and the ordinances of the City, and faithfully demean
himself/herself in office; which official oath or affirmation shall
be filed with the City Clerk. Every officer of the corporation, when
required by law or ordinance, shall, within fifteen (15) days after
his/her election or appointment, and before entering upon the discharge
of the duties of his/her office, give bond to the City in such sum
and with such sureties as shall be designated by ordinance, conditioned
for the faithful performance of his/her duty, and that he/she will
pay over all moneys belonging to the City, as provided by law, that
may come into his/her hands. If any person elected or appointed to
any office shall fail to take and subscribe such oath or affirmation,
or to give bond as herein required, his/her office shall be deemed
vacant. For any breach of condition of any such bond, suit may be
instituted thereon by the City, or by any person in the name of the
City for the use of such person.
[R.O. 2008 §115.030; Code 1968 §2-3; CC 1988 §2-83; Ord. No. 6345 §1, 5-11-1987; Ord. No. 02-2013 §1, 3-11-2013; Ord. No. 28-2015 §1, 8-10-2015]
A.
No Council member or Mayor shall perform any service for the City
of Louisiana or any agency of the City of Louisiana for any consideration
other than the compensation provided for the performance of his or
her official duties, except as otherwise provided in RSMo. Section
105.458.1
B.
For the purposes of this Section, membership on the Volunteer Fire
Department of the City shall not be considered to be employment or
appointment. Any person who is employed by the City as a full-time
regular Police Officer shall not be eligible for membership in the
Volunteer Fire Department.
[R.O. 2008 §115.040; Code 1968 §2-4; CC 1988 §2-85; Ord. No. 28-2015 §1, 8-10-2015]
The City shall not participate in the payment of hospital or
medical insurance premiums for any person taking office in the position
of Mayor, City Councilmember, City Attorney, or Municipal Judge whether
such taking of office is based on election, reelection or appointment.
[R.O. 2008 §115.050; Ord. No. 6563 §§1 — 4, 10-12-1998; Ord. No. 24-2007 §12, 12-13-2007; Ord. No. 29-2015 §1, 8-10-2015]
A.
EMPLOYEE
ESTABLISHED DRUG TEST
ILLEGAL DRUG
As used in this Section, these terms shall have these prescribed
meanings:
Any individual employed by the City of Louisiana, Missouri,
on the date this Section is enacted, October 12, 1998, or at any time
thereafter.
The collection and testing of bodily fluids administered
in a manner equivalent to that required by the Mandatory Guidelines
for Federal Workplace Drug Testing Programs (HHS Regulations, 53,
Red. Reg. 11979, et seq., as amended) or other professionally valid
procedures approved by the Mayor and City Council.
Controlled substances included in Schedule I or 11 of Section
195.017, RSMo,, except when used pursuant to a valid prescription
or when used as otherwise authorized by State or Federal law.
B.
City employees may be required to take an established drug test for
illegal drugs at any time. The Mayor and the City Administrator shall
devise a method for insuring that such employees are selected for
testing on a random basis and adopt rules to establish:
1.
Methods for assuring that privacy intrusions are minimized during
collection of body fluid specimens; and
2.
Methods for assuring that any body fluid specimens are stored
and transported to testing laboratories at proper temperatures and
under such conditions that the quality of the specimens shall not
be jeopardized. The result of such test shall be filed in the employee's
personnel file and made a part thereof.
C.
City employees may be required to take a breath test by an evidential
breath testing device approved by the National Highway Traffic Safety
Administration for alcohol during each calendar year. The Mayor and
City Administrator shall devise a method for insuring that such employees
are selected for testing on a random basis. The results of such tests
shall be filed in the employee's personnel file and made a part thereof.
Two (2) breath tests shall be required to determine whether an employee
has a prohibited alcohol concentration. A screening test is conducted
first. Any result less than two-tenths of one percent (0.02%) alcohol
concentration shall be considered a negative test. If the alcohol
concentration is two-tenths of one percent (0.02%) or greater, a second,
or confirmation, test shall be conducted. The employee and the individual
conducting the test, who shall be certified to operate the evidential
breath-testing device, shall complete the testing form to ensure that
the results are properly recorded. The confirmation test, if required,
must be conducted using an evidential breath-testing device that prints
out the results, date and time, a sequential test number, and the
name and serial number of the evidential breath-testing device to
ensure reliability of the results. The confirmation test result will
determine any actions taken.
D.
Violations And Penalties. Should a test as provided
for under this Section establish that a City employee has illegal
drugs or alcohol in his/her blood, the employee shall be placed on
immediate suspension pending resolution of the violation. The employee
shall sign an acknowledgement indicating that they have been informed
of the reason for the suspension and that they understand same. Said
signature shall not, in any way, be constructed as an admission against
interest by the signatory party. Thereafter, the violation shall be
submitted to the City Council for hearing and resolution with the
recommendations of the City Administrator and Mayor for resolution
thereof. The City employee shall have the right to have counsel present
at such hearing and shall be liable for any expense resulting therefrom.
The determination of the City Council shall be final and may be appealed
thereafter only to the Circuit Court of Pike County, Missouri, upon
proper petition of the City employee.
[R.O. 2008 §115.060]
Personnel regulations not addressed in this Chapter shall be
set out in the City's personnel handbook, and changed by the City
Council from time to time; said handbook being on file in the office
of the City Clerk.
[Ord. No. 19-2019, 10-28-2019]
A.
Appointed
Officers shall serve at the pleasure of the Mayor or Mayor Pro Tern
and City Council. The Mayor, with a consent of a majority of the City
Council, may remove the Appointive Officer from office at will, with
or without cause and such Appointive Officer also may be removed by
a two-thirds (2/3) majority vote of the City Council, independently
of the Mayor's approval or disapproval.
B.
If
requested, the Mayor and City Council shall grant the Appointive Officer
a public hearing within thirty (30) days following notice of such
removal. During the interim, the Mayor, with approval of a majority
of the City Council or by two-thirds (2/3) majority vote of the City
Council without the Mayor's approval, may suspend the Appointive Officer
from duty.
[1]
State Law Reference: As per Section 77.340. RSMo.
