[CC 2001 §115.010]
The following officers shall be elected by the qualified voters of the City, and shall hold office for the term of two (2) years, except as otherwise provided in this Section, and until their successors are elected and qualified, to wit: Mayor and Board of Aldermen.
[CC 2001 §115.020]
The Mayor, with the consent and approval of the majority of the members of the Board of Aldermen, shall have power to appoint a Chief of Police, City Administrator, Collector, Supervisor of Public Works, Building Commissioner, City Attorney, and such other officers as he/she may be authorized by ordinance to appoint, and if deemed for the best interests of the City, the Mayor and Board of Aldermen may, by ordinance, employ special counsel to represent the City, either in a case of a vacancy in the office of City Attorney or to assist the City Attorney, and pay reasonable compensation therefor.
The Mayor may, with the consent of a majority of all the members elected to the Board of Aldermen, remove from office, for cause shown, any elective officer of the City, such officer being first given opportunity, together with his/her witnesses, to be heard before the Board of Aldermen sitting as a Board of Impeachment. Any elective officer, including the Mayor, may in like manner, for cause shown, be removed from office by a two-thirds (2/3) vote of all members elected to the Board of Aldermen, independently of the Mayor's approval or recommendation. The Mayor may, with the consent of a majority of all the members elected to the Board of Aldermen, remove from office any appointive officer of the City at will, and any such appointive officer may be so removed by a two-thirds (2/3) vote of all the members elected to the Board of Aldermen, independently of the Mayor's approval or recommendation. The Board of Aldermen may pass ordinances regulating the manner of impeachments and removals.
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 the ordinances of the City except that appointed officers need not be voters 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 or forfeiture or defalcation in office. All officers, except appointed officers, shall be residents of the City.
Every officer of the City and his/her assistants and every Alderman, 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 while in office; which official oath or affirmation shall be filed with the City Clerk. Every officer of the City, when required by law or ordinance, shall, within fifteen (15) days after his/her appointment or election, 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 may be designated by ordinance, conditioned upon the faithful performance of his/her duty, and that he/she will pay over all monies 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, to the use of such person. The bond provisions of this Section may be satisfied by the securing of a blanket bond or blanket bonds, approved by the Board of Aldermen, covering such officers by name or position.
The Board of Aldermen shall fix the compensation of all the officers and employees of the City by ordinance. The salary of an officer shall not be changed during the time for which he/she was elected or appointed.
If a vacancy occurs in any elective office, the Mayor or the person exercising the duties of the Mayor shall cause a special meeting of the Board of Aldermen to convene where a successor to the vacant office shall be selected by appointment by the Mayor with the advice and consent of a majority of the remaining members of the Board of Aldermen. If the vacancy is in the office of Mayor, nominations of a successor may be made by any member of the Board of Aldermen and selected with the consent of a majority of the members of the Board of Aldermen. The Board of Aldermen may adopt procedures to fill vacancies consistent with this Section. The successor shall serve until the next regular municipal election. If a vacancy occurs in any office not elective, the Mayor shall appoint a suitable person to discharge the duties of such office until the first (1st) regular meeting of the Board of Aldermen thereafter, at which time such vacancy shall be permanently filled.
The duties, powers and privileges of officers of every character in any way connected with the City Government, not herein defined, shall be prescribed by ordinance. Bonds may be required of any such officers for faithfulness in office in all respects.
Section 115.085 Indemnification Against Costs, Expenses and Amounts For Liability Incurred By Elected Officials and Employees.
[Ord. No. 1149, 7-26-2001]
Each elected official and employee of the City of Edmundson ("City") now or hereafter in employment shall be indemnified by the City against all costs, expenses and amounts of liability therefore, including counsel fees, reasonably incurred by or imposed upon him/her in connection with or resulting from any civil action, suit, proceeding or claim to which he/she may have been a party, or in which he/she may be or become involved by reason of his/her acts of omission or commission or alleged acts of omission or commission.
This provision shall continue whether or not the public official/employee continues to be an official or employee at the time of incurring such costs, expenses or not, and whether or not the act or omission to act on the part of such official or employee which is the basis of such suit, action, proceeding or claim occurred before or after the adoption of this Section.
This indemnification shall not apply with respect to any matter as to which such official and employee shall be finally judged in such action, suit or proceeding to have been individually guilty of misfeasance or malfeasance in the performance of his/her duty as such official or officer. The indemnification herein provided shall be applicable with respect to any settlement of any such suit, action, proceeding or claim, including reimbursement of any amounts paid and expenses reasonably incurred in settling any such suit, action, proceeding or claim, only when, in the judgment of the officials or a majority of them, such settlement and reimbursement appears to be in the best interests of the City.
The foregoing right of indemnification further does not apply to any act performed outside of the scope of duties, scope of command, or jurisdiction of any official or employee, and it is intended to apply only to indemnify such official or employee against those actions which are taken in good faith and in the course of and arising out of such official's or employee's actions on behalf of the City.
The foregoing right and indemnification shall be in addition to any defense provided by any insurance carrier of the City or of the official or employee, and is not to be used in lieu of any such insurance defense or payment. Further, this Section shall not be construed as any waiver of the sovereign, official or other immunity defenses afforded to the City by Missouri law. All such defenses shall remain in full force and effect and are not waived by the City.
Any payment of indemnification made pursuant to this Section shall be reported to the public at the next scheduled public meeting of the Board of Aldermen.