[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.
[Ord. No. 1149, 7-26-2001]
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
