Article I Mayor and Board of Aldermen — Generally
Article II Board of Aldermen Meetings
[CC 2001 §110.010; Ord. No. 1380 §1, 1-13-2011; Ord. No. 1425 §1, 12-12-2013]
No person shall be an Aldermen unless he/she shall be at least eighteen (18) years of age, a citizen of the United States, and an inhabitant and resident of the Ward which he/she represents for one (1) year prior to his/her election and during the entire time that he/she serves in such office. In addition, an Alderman shall be an inhabitant and resident of the ward which he/she represents for at least one (1) year prior to his/her election and during the entire time that he/she serves in such office. For purposes of this Section, "inhabitant and resident" shall mean a person who both maintains a residence where he/she sleeps, cooks, and carries on a household and maintains a physical presence so as to clearly exclude the possibility or appearance of any other perceived place of residence.
[CC 2001 §110.020; Ord. No. 1380 §2, 1-13-2011]
No person shall be Mayor unless he/she be at least twenty-five (25) years of age, a citizen of the United States, and an inhabitant and resident of the City for one (1) year prior to his/her election and during the entire time that he/she serves in such office. For purposes of this Section, "inhabitant and resident" shall mean a person who both maintains a residence where he/she sleeps, cooks, and carries on a household and maintains a physical presence so as to clearly exclude the possibility or appearance of any other perceived place of residence.
The Board shall 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.
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.
[CC 2001 §110.050; Ord. No. 1297 §1, 4-26-2007]
The Mayor and Board of Aldermen 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.
In addition, it shall be the duty of the Mayor and the members of the Board of Aldermen to:
Attend all meetings of the Board of Aldermen, committees to which they are assigned and boards and commissions to which they are assigned;
Review the agenda and other pertinent documents prior to such meetings;
Make themselves available to constituents by attendance and attention during the public comments session of all Board meetings.
Misfeasance, malfeasance or non-feasance with regard to the duties set forth in this Section, including failure to attend meetings of the Board of Aldermen or other committees, boards or commissions to which such person is assigned, may subject the official to censure by the Board of Aldermen, sanctions as may be deemed appropriate and imposed by the Board of Aldermen or removal from office in accordance with Section 79.240, RSMo., and Section 115.030 of the Municipal Code.
[Ord. No. 1291 §1, 1-11-2007]
As part of the Mayor's statutory duties to enforce the laws and ordinances of the City, the Mayor shall oversee the daily operation of the City and ensure that all laws and ordinances of the City are carried out and properly enforced. As part of that function, the Mayor shall be responsible for the administration of the organization including oversight and supervision of personnel of the City. The Mayor may administrate the organization by delegation of certain responsibilities to department heads and other supervisors; however, the ultimate duty to oversee and supervise the daily operations of the City shall be the responsibility of the Mayor.
All communications from the Board of Aldermen to any department head, employee or other City Officer (not including other members of the Board of Aldermen) shall be conveyed solely through the Mayor. No individual member of the Board of Aldermen shall give orders, directions, or instruction to any such department head, employee or other City Officer, either publicly or privately. Breach of the provisions of this Section by an individual member of the Board of Aldermen may be grounds for removal from office or other sanctions as may be deemed appropriate by the Board of Aldermen. "Other sanctions" may include monetary penalties imposed by the Board.
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 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.
[CC 2001 §110.065; Ord. No. 972 §11, 1-4-1993; Ord. No. 1141 §2, 3-8-2001]
The Mayor shall receive as compensation a sum as provided by ordinance. There shall be no expense allowance. Should any Mayor resign or be removed from office during any month, he/she shall be paid at the same rate per month on a prorated basis.
[CC 2001 §110.067; Ord. No. 972 §12, 1-4-1993; Ord. No. 1141 §1, 3-8-2001; Ord. No. 1297 §2, 4-26-2007]
The members of the Board of Aldermen shall receive as compensation a sum as provided by ordinance. There shall be no expense allowance. Should any member resign from office during any month, such member shall be paid at the same rate per month on a prorated basis. Should any member be removed from office during any month, such member shall not receive compensation for the month during which he/she was removed. Should any member miss a meeting of the Board of Aldermen or other board or commission to which such member is assigned, the Mayor shall determine if the absence was for good cause and, therefore, "excused". Should any member have two (2) unexcused absences during such member's current two (2) year term of office, then, thereafter, that member shall not receive the monthly compensation for any month during the same term in which such member has another unexcused absence.
The style of the ordinances of the City shall be: "Be it ordained by the Board of Aldermen of the City of Edmundson, 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 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 Aldermen. 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.
The Board of Aldermen shall semi-annually each year, at times to be set by the Board of Aldermen, 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 110.100, 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.
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 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 Aldermen 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 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.
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.
[CC 2001 §110.170]
The Board of Aldermen of the City of Edmundson, Missouri, shall meet in regular session in the City Hall at 7:00 P.M. on the second (2nd) Thursday of each month, unless by majority vote of the Aldermen the meeting date is changed.
[CC 2001 §110.180]
Special meetings may be called by the Mayor or by any three (3) members of the Board by written request filed with the City Clerk who shall thereupon prepare a notice of such special meeting in conformance with Chapter 120, Open Meetings and Records Policy, of this Code.
At the hour appointed, the Mayor, or in his/her absence the Acting President of the Board of Aldermen, 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.