[R.O. 2007 § 115.010; CC 1979 § 2-3.4; Ord. No. 1096 §§ 1 — 6, 2-27-1986; Ord. No. 6981, 6-28-2018]
A.
All elected and appointed officials, officers,
and employees of the City of St. Peters shall be defended, indemnified
and held harmless by the City of St. Peters from and against any and
all claims, causes of action, legal proceedings and judgments, whether
for actual or punitive damages, including all costs, expenses, and
attorneys' fees, which may be assessed against or incurred by said
officials, officers or employees, arising from or incidental to the
performance of his or her duties as an official, officer or employee,
or as a result of any action or omission of such officials, officers
or employees which arise out of and in the course and scope of their
office or employment; provided, however, this indemnity shall not
apply to: (i) any independent contractor or the employee of any independent
contractor whose services are hired or retained by the City, or (ii)
to any disciplinary or other proceeding instituted against him or
her by the City or in a criminal proceeding instituted against him
or her as a result of a complaint or information filed in the name
of the City.
B.
Nothing in this Section shall be construed
as an express or implied waiver by the City of the defenses of sovereign
immunity, official immunity, or governmental immunity, by whatever
name, as set forth in Section 537.600, RSMo., et. seq., for any monetary
amount whatsoever, or of any other defenses, howsoever named, that
are, or in the future may become, available to the City by Statute
or common law.
C.
The indemnity expressed in Subsection (A) shall not extend to any person who shall be charged with a criminal information or complaint, or for whom a criminal indictment has been issued under the laws of the State of Missouri or of the United States of America; provided, however, upon the dismissal, nolle prosequi, or other final determination of such information or complaint or indictment in favor of such person, such indemnification as provided under this Section shall be reinstated.
D.
This Section shall be in full force and
effect from and after its adoption, and shall apply to any and all
claims, causes of action, legal proceedings and judgments, whether
for actual or punitive damages, including costs, expenses and attorneys'
fees, which are pending at the time of the enactment of this Section
or which shall be assessed or incurred after the date of its adoption.
E.
In any instance wherein an elected or appointed public official, officer or employee of the City is represented in a claim, suit or other proceeding by the City Attorney, or by Special Counsel for the City, or counsel selected by any insurance carrier for the City, then the indemnity for attorney fees provided for in Subsections (A) and (D) of this Section shall not apply to the elected or appointed official, officer or employee, unless the insurance company declines to defend certain parts of such suit or claim as being outside the insurance coverage afforded such elected or appointed official, officer or employee of the City.
F.
For the purpose of this Section, if a dispute
arises between an elected or appointed official, officer or employee
of the City on the one (1) hand, and the City of St. Peters on the
other hand as to whether a particular act, series of acts, or the
omission or series of omissions of any elected or appointed official,
officer or employee upon which the claim or suit is based acted within
the scope and course of their office or employment, then such dispute
shall be resolved by a vote of a majority of the entire Board of Aldermen
of the City, following an informal inquiry on such dispute held by
the Board of Aldermen in closed session, and such vote shall be binding
on the elected or appointed official, officer or employee as to such
determination.
[R.O. 2007 § 115.015; Ord. No. 4369 § 1, 10-27-2005; Ord. No. 4799 § 1, 5-24-2007]
A.
In the event that service of process is
made on the City of St. Peters or on someone in their capacity as
a City Official, employee or agent of the City, the City Administrator
shall be immediately notified of such service. In addition, upon receipt
of notification of such suit the City Administrator shall give prompt
notice to the Mayor and the members of the Board of Aldermen of the
filing of such a suit. Notification to the Mayor and members of the
Board of Aldermen shall include a brief statement of the nature of
the claims asserted.
B.
The settlement or compromise of any suit to which the City of St. Peters is a party, or any City Official or employee is a party and who is indemnified by the City of St. Peters under Section 115.010 of this Code, may be settled by the City Administrator, except for employment related suits or causes of action involving a monetary payment to the plaintiff by or on behalf of the City in excess of one hundred thousand dollars ($100,000.00) or the settlement or compromise of any other suit where the settlement involves a monetary payment to the plaintiff by or on behalf of the City in excess of fifty thousand dollars ($50,000.00), in both of which cases the same may only be settled upon approval of a majority of the entire Board of Aldermen.
[R.O. 2007 § 115.020; Ord. No. 1881 §§ 1 — 2, 6-11-1992]
A.
City employees may not hold an elected
office in which they will exercise legislative, quasi-legislative,
or discretionary functions that have jurisdiction or quasi-jurisdiction
together with the City of St. Peters.
B.
Upon acceptance of such office, City employees
must cease and terminate employment with the City.
[R.O. 2007 § 115.030; Ord. No. 2298 §§ 1 — 2, 4-27-1995; Ord. No. 2307 § 1, 5-25-1995]
A.
Definitions. As used in this Section, the
term "employees" shall include all persons employed by the City but
not elected and appointed officials of the City of St. Peters. The
term "expenses" shall refer only to expenses actually and necessarily
incurred by an employee in the performance of the official business
of the City of St. Peters.
B.
All employees and elected and appointed
officials of the City of St. Peters shall submit a voucher of their
expenses which has been certified by the employee as being true and
correct. All vouchers should be submitted to the City's Director of
Finance who shall be responsible for reviewing such vouchers of expenses,
and for ensuring reimbursement of only those expenses of employees
properly incurred.
C.
Cash advances may be authorized in particular
instances when the projected expenses would pose a financial burden
on the participant. Approval authority shall be as follows:
1.
Advances for City employees shall
be made in accordance with the Personnel Policy and Procedures Manual.
2.
Approval of cash advances to elected
and appointed officials shall rest with the Mayor, or in the Mayor's
absence, the City Treasurer.
3.
Only the Mayor or Acting President
of the Board of Aldermen may approve advances to contract employees
such as the City Administrator.
4.
If such an advance is authorized,
the voucher for other expenses actually and necessarily incurred and
the balance of the advance remaining after the expenditures shall
be submitted to the City's accounting manager within ten (10) days
after such expenses are actually incurred.
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 regular meeting of the Board of Aldermen thereafter, at which
time such vacancy shall be permanently filled.
[R.O. 2007 § 115.045; Ord. No. 4134-A §§ 1 — 2, 10-14-2004; Ord. No. 4211 §§ 1 — 2, 1-27-2005; Ord. No. 5314 § 1, 1-14-2010]
A.
Recognizing the primary legislative role
of the Board of Aldermen, except for communications to the citizen
concerns system or requests for routine clerical support from the
City Clerk, Deputy City Clerk or the City Administrator's clerical
staff, such as for scheduling appointments, general research or compilation
of information necessary to assist the Mayor or Board of Aldermen
in carrying out the duties and responsibilities of their office, immediately
upon receipt by any City employee of any order, directive or request
for work to be performed from the Mayor or any member of the Board
of Aldermen, such City employee shall submit, in writing, all such
orders, directives or request for work to be performed to the City
Administrator for his approval, utilizing the form on file in the
office of the City Clerk.
