City of Aurora, MO
Lawrence County
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Table of Contents
Table of Contents
Cross References — City council to appoint certain officers, §105.010; city clerk to be clerk of the city council, §105.090 et seq.; elections, Ch. 115; personnel, Ch. 130.
[Ord. No. 86-1916A, §1A, 11-10-1986; CC 1988 §2-16]
No person shall be Councilperson unless he or she is at least twenty-one (21) years of age prior to taking office, a citizen of the United States, and an inhabitant of the City for one (1) year next preceding his or her election, and a resident of the ward from which he or she is elected six (6) months next preceding his or her election. Whenever there is a tie in the election of a Councilman, the matter shall be determined by the Council.
[RSMo. §78.460]
The Council shall consist of five (5) members, and all persons now eligible for the position of Councilman under the laws governing Cities of the Third Class shall be eligible to serve as Councilmen under Sections 78.430 to 78.640, RSMo. The term of Councilmen shall be three (3) years, except that of the first Council elected after the adoption of Sections 78.430 to 78.640, RSMo., one (1) member shall serve for one (1) year, two (2) for two (2) years, and two (2) for three (3) years. Those Councilmen receiving the highest number of votes at the first municipal election shall serve for the three (3) year term, those receiving the next highest shall serve for the two (2) year term, and the other for the one (1) year term. Should a vacancy occur in the office of Councilman by death, resignation or otherwise, the Council shall select a successor who shall serve until the next regular election. All Councilmen shall be elected at large. They shall qualify and their terms of office shall begin on the first (1st) Monday after their election. The terms of office of the Mayor and Councilmen in the City, in office at the beginning of the terms of office of the Council first elected under the provisions of Sections 78.430 to 78.640, RSMo., including all boards and commissions, shall cease and determine and the terms of office of all other City Officers, whether elective or appointive, in force in such City except as herein provided shall cease and determine as soon as the Council shall by resolution declare, except that the Council may continue the Board of Public Works, and the Library, Hospital and Park Boards for such time or times after organizing under Sections 78.430 to 78.640, RSMo., as the interests of the City in its judgment may require.
[RSMo. §78.560]
A. 
The City Council shall at the time of organizing elect one (1) of its members as Mayor and another as Chairman pro tem for a term of one (1) year. In case the members of the City Council, within five (5) days after the time herein fixed for their organization meeting, are unable to agree upon a Mayor or a Chairman pro tem, of such Council, then a Mayor or Chairman pro tem, or both, as the occasion may require, shall be selected from all the members of such Council by lot and a record thereof shall be made upon the journal of the Council.
B. 
The Mayor shall preside at all meetings of the Council and perform such other duties consistent with his office as may be imposed by it; and he shall have a voice and vote in its proceedings, but no veto.
C. 
The Mayor shall be recognized as the official head of the City by the courts for the purpose of serving civil process, by the Governor for the purpose of military law, and for all ceremonial purposes. The powers and duties of the Mayor shall be such as are conferred upon him by Sections 78.430 to 78.640, RSMo., and no others.
D. 
If the Mayor be temporarily absent from the City, or become temporarily disabled from any cause, his duties shall be performed during such absence or disability by the Chairman pro tem. In the absence of both the Mayor and Chairman pro tem the other members of the City Council shall select one (1) of their number to perform the duties of Mayor.
[RSMo. §78.570]
A. 
Except as herein otherwise provided the Council of any City organizing under Sections 78.430 to 78.640, RSMo., shall have all of the powers now or hereafter given to the Council or to the Mayor and Council jointly, under the law by which such City adopting said Sections was governed under its former organization; and shall have such power over and control of the administration of the City Government as is provided in said Sections.
B. 
It shall be the duty of the Council to pass all ordinances and other measures conducive to the welfare of the City and to the proper carrying out of the provisions of Sections 78.430 to 78.640, RSMo. It shall appoint a suitable person not a member of the Council to be the administrative head of the City Government whose official title shall be "City Manager". The Council shall also provide for all offices and positions in addition to those herein specified, which may become necessary for the proper carrying on of the work of the City, and shall fix the salary and compensation of all officers and employees of the City not herein provided for. All officers of the City shall be paid in equal monthly installments for their services and all employees of the City shall be paid monthly or at such shorter periods as the Council shall determine. The creation of all offices and salaries attached thereto, which may be provided for by the Council under Sections 78.430 to 78.640, RSMo., shall be by ordinance, and they shall all be for an indefinite term. The Council shall also provide office rooms at the City Hall or at some other convenient and suitable place in the City for the transaction of the business of the City and for the convenience of its officers.
[Ord. No. 2004-2602 §1, 6-22-2004; Ord. No. 2010-2891 §1, 12-28-2010]
Any person elected to serve as a Councilman/woman will serve with no annual compensation effective with the April 2011 election and each seat elected to office thereafter.
[RSMo. §78.580]
Three (3) members of the Council shall constitute a quorum to do business; but no action thereof shall be valid unless at least three (3) shall vote in favor of such action. Upon every vote the "yeas" and "nays" shall be called and recorded and every motion, resolution, and ordinance shall be reduced to writing before the vote is taken thereon. Every resolution or ordinance passed by the Council must be signed by the Mayor or in his absence by the Chairman pro tem, or by two (2) members of the Council before the same shall be enforced.
[RSMo. §78.630]
A. 
No initial ordinance granting any franchise, lease, right or privilege in or under the streets, public thoroughfares or public places of the City shall go into effect or become operative or vest any right in the grantee or grantees, unless such grant shall first be approved by a majority of the voters voting at a municipal election at which the proposed grant is properly submitted. Any renewal or extension thereof shall be subject to voter approval of the majority of the voters voting on the question, pursuant to the provisions of Section 88.251, RSMo.
B. 
No ordinance or amendment or modification thereof granting any nonexclusive franchise, lease, right or privilege for not to exceed twenty (20) years in or under the streets, public thoroughfares or public places of the City shall go into effect or become operative or vest any right in the grantee or grantees, except upon prior compliance with the following conditions:
1. 
Before final passage of the ordinance, or amendment or modification of ordinance, by the council, the City Clerk shall prepare a notice of a public hearing thereupon and cause it, along with a true copy of the ordinance, including the full text of the franchise under consideration, to be published once a week for four (4) consecutive weeks in a daily newspaper or for four (4) consecutive weeks in a weekly newspaper if no daily newspaper is published in the City, the first publication to be at least thirty (30) days before, and the last publication within ten (10) days of, the date fixed by the City Council for the public hearing;
2. 
The notice shall give the date, time and place of the public hearing, and shall contain a statement of the substance and effect of the proposed ordinance, and a further statement that the ordinance, or amendment or modification of ordinance, as introduced, or a true copy thereof, may be inspected and copied at the office of the City Clerk during regular business hours;
3. 
The public hearing shall be at a regular, adjourned or called meeting of the City Council at which all interested persons will be heard in person or by attorney;
4. 
The City Council may at any time, before or after the public hearing, submit the proposed franchise, lease, right or privilege to an election by the voters for their approval;
5. 
The provisions of this Subsection shall not apply in the granting of any franchise, lease, right or privilege to any utility regulated by the Public Service Commission of the State of Missouri.
C. 
Any ordinance, however, may be amended or modified by the Council as to streets, alleys, or public places already occupied and used by any person, persons or corporation by and under a franchise then in existence and only as to such streets, alleys or public places used and occupied by such person, persons or corporation under a franchise then in existence, when such modifications or amendment is necessary to enable such person or corporation to enlarge, better or improve its facilities, equipment, material or structure above, upon or beneath such streets, alleys, public thoroughfares or public places then used and occupied by such person or corporation by and under a franchise then in existence, for the purpose of removing or overcoming hindrances to public service. The City Council shall have the right to grant to any railroad company the right to construct switches or spur tracks to industrial plants or warehouses.
[Code 1972, §2-7; CC 1988 §2-21; Ord. No. 92-2080 §1, 7-13-1992; Ord. No. 94-2158, 8-22-1994; Ord. No. 2001-2467 §I, 7-24-2001; Ord. No. 2003-2566 §1, 10-28-2003; Ord. No. 2014-2980 §1, 1-8-2014; Ord. No. 2015-3023 §1, 1-9-2015]
A. 
The Council shall hold its regularly scheduled meetings in the building known as the City Hall.
B. 
The regular meetings of the Council shall be held on the second (2nd) and fourth (4th) Tuesdays of each month at the hour of 6:30 P.M., and additional meetings may be held at other times as set by the Council. The first meeting in April that follows the general election day for Council members shall be the first day of terms of office for Mayor and Council members pursuant to Section 78.460, RSMo.
[Code 1972, §2-8; Ord. No. 86-1905, §2, 4-28-1986; CC 1988 §2-22; Ord. No. 2003-2566 §1, 10-28-2003]
A. 
The Mayor or any two (2) Council members may call a special meeting of the City Council at any time and place by causing a notice to be served upon the members of the Council or by leaving a copy of the notice at the residence of the Council members or by all members of the Council and the Mayor meeting by agreement at the City Hall without notice.
B. 
The Mayor or Council members, in calling a special meeting, shall fix the time and place of the meeting and shall state in the call or have spread upon the journal the object of the meeting. No business shall be transacted at a special or called meeting other than that for which the meeting was called, unless the Mayor and all Council members shall be present at the meeting. In such case, any and all business may be transacted that might be transacted at any regular meeting.
[Code 1972, §2-9; CC 1988 §2-23]
All meetings of the City Council, whether regular or special, at which any person not a City Official is admitted shall be open to the public, except as permitted by State law.
[Code 1972, §2-11; CC 1988 §2-25]
A. 
The following rules and order of business for the governing of the City Council in its deliberations are hereby adopted:
1. 
A quorum being present, the Mayor shall call the Council to order, cause the roll to be called and the minutes of the last session to be read or presented as printed, and the mistakes, if any, shall be corrected. The Mayor shall preserve order and decorum, and shall decide all questions of order, subject to an appeal to the Council. He shall appoint all committees, subject to the concurrence therein of the Council.
2. 
When a question is put by the chair, each member present shall vote, unless the Council shall for special reasons excuse him, but if directly or indirectly financially interested he shall not vote or participate in any matter in which he is financially interested as defined in RSMo., Section 105.450. Upon every vote the "yeas" and "nays" shall be recorded, and every motion, resolution or ordinance shall be reduced to writing and read before the vote is taken thereon.
3. 
A motion to adjourn and a motion to fix the time at which the Council shall adjourn shall always be in order and shall be decided without debate.
4. 
When a Council member or other person is about to speak or address the Council, he shall address the chair as "Mr. Mayor" but shall not proceed with his remarks until recognized. He shall confine himself to the question before the Council and shall avoid all personalities.
5. 
Official reports of Council members and of the different officers of the City shall be presented in writing and signed by the officers presenting the same.
6. 
The Mayor can temporarily excuse any member of the Council, but no Council member shall be permitted to leave the meeting of the Council without the consent of a majority of the members present.
7. 
When any question has been voted upon, it shall be in order for any Council member to move a reconsideration thereof at the same or the next succeeding meeting, but no question or vote shall be reconsidered a second (2nd) time.
8. 
At each regular meeting of the Council the following shall be the order of business:
a. 
Calling the roll;
b. 
Approval of minutes as read or printed;
c. 
Approval of bills;
d. 
Other business.
9. 
The Mayor shall follow the prepared agenda of the meeting unless otherwise permitted by a majority of the Council. Such agenda shall contain all unfinished new business to come before the Council.
B. 
These rules, or any of them, may be temporarily suspended or amended by a vote of two-thirds (2/3) of all members elected.
[Ord. No. 2005-2654, 1-25-2005; Ord. No. 2012-2935 §1, 6-26-2012]
A. 
All meetings, records and votes are open to the public, except the governmental body may close any meeting, record or vote relating to the following:
1. 
Legal actions, causes of action or litigation involving a public governmental body and any confidential or privileged communications between a public governmental body or its representatives and its attorneys. However, any vote relating to litigation involving a public governmental body shall be made public upon final disposition of the matter voted upon; provided however, in matters involving the exercise of the power of eminent domain, the vote shall be announced or become public immediately following the action on the motion to authorize institution of such a legal action. Legal work product shall be considered a closed record.
2. 
Lease, purchase or sale of real estate by a public governmental body where public knowledge of the transaction might adversely affect the legal consideration therefore. However, any vote or public record approving a contract relating to the lease, purchase or sale of real estate by a public governmental body shall be made public within seventy-two (72) hours after execution of the lease, purchase or sale of the real estate.
3. 
Hiring, firing, disciplining or promoting an employee of a public governmental body. However, any vote on a final decision, when taken by a public governmental body, to hire, fire, promote or discipline an employee of a public governmental body must be made available to the public with a record of how each member voted within seventy-two (72) hours of the close of the meeting where such action occurs; provided however, that any employee so affected shall be entitled to prompt notice before such decision is made available to the public.
4. 
Non-judicial mental or physical health proceedings involving identifiable persons, including medical, psychiatric, psychological or alcoholism or drug dependency diagnosis or treatment.
5. 
Testing and examination materials, before the test or examination is given or, if it is to be given again, before so given again.
6. 
Welfare cases of identifiable individuals.
7. 
Preparation, including any discussions or work product, on behalf of a public governmental body or its representatives for negotiations with employee groups.
8. 
Software codes for electronic data processing and documentation thereof.
9. 
Specifications for competitive bidding, until either the specifications are officially approved by the public governmental body or the specifications are published for bid.
10. 
Sealed bids and related documents, until the earlier of either when the bids are opened or all bids are accepted or all bids are rejected.
11. 
Individually identifiable personnel records, performance ratings or records pertaining to employees or applicants for employment, except that this exemption shall not apply to the names, positions, salaries and lengths of service of officers and employees of public agencies once they are employed as such.
12. 
Records that are protected from disclosure by law.
13. 
Meetings and public records relating to scientific and technological innovations in which the owner has a proprietary interest.
14. 
Confidential or privileged communications between a public governmental body and its auditor, including all auditor work product.
15. 
Operational guidelines and policies developed, adopted or maintained by any public agency responsible for law enforcement, public safety, first response or public health for use in responding to or preventing any critical incident which is or appears to be terrorist in nature and which has the potential to endanger individual or public safety or health. Nothing in this exception shall be deemed to close information regarding expenditures, purchases or contracts made by an agency in implementing these guidelines or policies. When seeking to close information pursuant to this exception, the agency shall affirmatively state in writing that disclosure would impair its ability to protect the safety or health of persons and shall in the same writing state that the public interest in non-disclosure outweighs the public interest in disclosure of the records. This exception shall sunset on December 31, 2008.
16. 
Existing or proposed security systems and structural plans of real property owned or leased by a public governmental body and information that is voluntarily submitted by a non-public entity owning or operating an infrastructure to any public governmental body for use by that body to devise plans for protection of that infrastructure, the public disclosure of which would threaten public safety.
a. 
Records related to the procurement of or expenditures relating to security systems purchased with public funds shall be open.
b. 
When seeking to close information pursuant to this exception, the public governmental body shall affirmatively state in writing that disclosure would impair the public governmental body's ability to protect the security or safety of persons or real property and shall in the same writing state that the public interest in non-disclosure outweighs the public interest in disclosure of the records.
c. 
Records that are voluntarily submitted by a non-public entity shall be reviewed within ninety (90) days of submission to determine if retention of the document is necessary in furtherance of a security interest. If retention is not necessary, the documents shall be returned to the non-public governmental body or destroyed.
17. 
Records that identify the configuration of components or the operation of a computer, computer system, computer network or telecommunications network and would allow unauthorized access to or unlawful disruption of a computer, computer system, computer network or telecommunications network of a public governmental body. This exception shall not be used to limit or deny access to otherwise public records in a file, document, data file or database containing public records. Records related to the procurement of or expenditures relating to such computer, computer system, computer network or telecommunications network, including the amount of moneys paid by, or on behalf of, a public governmental body for such computer, computer system, computer network or telecommunications network, shall be open.
18. 
Credit card numbers, personal identification numbers, digital certificates, physical and virtual keys, access codes or authorization codes that are used to protect the security of electronic transactions between a public governmental body and a person or entity doing business with a public governmental body. Nothing in this Section shall be deemed to close the record of a person or entity using a credit card held in the name of a public governmental body or any record of a transaction made by a person using a credit card or other method of payment for which reimbursement is made by a public governmental body.
B. 
Closed Records. All records that may be closed hereby are deemed closed records unless the governmental body votes to make them public. Before closing a meeting to the public, a majority of a quorum of the governmental body must vote to do so in a public vote. The vote of each member of the governmental body on the question of closing the meeting or vote and the reason for closing the meeting by reference to a specific exception shall be announced at a public meeting and entered into the minutes.
C. 
Notice Of Meetings. The governmental body shall give notice of the time, date and place of a closed meeting and the reason for holding it by reference to a specific exception. The notice shall be the same as in (D) below. No other business may be discussed in a closed meeting, which does not directly relate to the specific reason announced to close the meeting to the public. Public governmental bodies holding a closed meeting must close only an existing portion of the meeting facility necessary to house the members of the public governmental body in the closed session, allowing members of the public to remain to attend any subsequent open session held by the public governmental body following the closed session.
D. 
The governmental body shall give notice of the time, date, place and tentative agenda of each meeting. The notice shall be placed on the appropriate bulletin board at City Hall at least twenty-four (24) hours, exclusive of weekends and holidays, prior to the meeting. If an emergency makes it impossible to give twenty-four (24) hours notice, the reason must be reflected in the minutes. Notice also shall be given to any representative of the new media who requests notice of a particular meeting.
E. 
Accessibility Of Meetings. Each meeting shall be held at a place reasonably accessible to the public and at a time reasonably convenient to the public, unless for good cause such a place or time is impossible or impractical. When it is necessary to hold a meeting on less than twenty-four (24) hours' notice or at a place that is not reasonably accessible to the public or at a time that is not reasonably convenient to the public, the nature of the good cause justifying that departure from the normal requirements shall be stated in the minutes.
F. 
A formally constituted subunit of a parent governmental body may conduct a meeting without notice during a lawful meeting of the parent governmental body, a recess in that meeting or immediately following that meeting, if the meeting of the subunit is publicly announced at the parent meeting and the subject of the meeting reasonably coincides with the subjects discussed or acted upon by the parent governmental body.
G. 
A public body shall allow for the recording by audiotape, videotape or other electronic means of any open meeting. A public body may establish guidelines regarding the manner in which such recording is conducted so as to minimize disruption to the meeting. No audio recording of any meeting, record or vote closed pursuant to the provisions of Section 610.021, RSMo., shall be permitted without permission of the public body; any person who violates this provision shall be guilty of a Class C misdemeanor.
H. 
Any member of a public governmental body who transmits any message relating to public business by electronic means shall also concurrently transmit that message to either the member's public office computer or the custodian of records in the same format. The provisions of this Section shall only apply to messages sent to two (2) or more members of that body so that, when counting the sender, a majority of the body's members are copied. Any such message received by the custodian or at the member's office computer shall be a public record subject to the exceptions above.
I. 
Custodian — Fees And Charges.
1. 
The City Clerk shall be the custodian of records and will be responsible for maintenance and control of all records. The custodian shall provide public access to all public records as soon as possible but no later than the third (3rd) business day following the date the request is received by the custodian. If additional delay is necessary, the custodian shall give an explanation for the delay and the date the record will be available for inspection.
2. 
If a request for access is denied, the custodian shall provide, upon request, a written statement of the grounds for such denial. Such statement shall cite the specific provision of law under which access is denied and shall be furnished to the requester no later than the end of the third (3rd) business day following the date the request for the statement is received.
3. 
The custodian shall charge ten cents ($.10) per page (not to exceed ten cents ($0.10) for nine (9) by eleven (11) inch paper), plus an hourly charge for duplicating time (not to exceed average hourly rate for clerical staff) and the actual cost of research time. The custodian shall receive (or may require) payment prior to duplicating copies.
4. 
Fees for providing access to public records maintained on computer facilities, recording, tapes or disks, videotapes or films, pictures, maps, slides, graphics, illustrations or similar audio or visual items or devices and for paper copies larger than nine (9) by fourteen (14) inches shall include only the cost of copies, staff time, which shall not exceed the average hourly rate of pay for staff of the public governmental body required for making copies and programming, if necessary, and the cost of the disk, tape or other medium used for the duplication. Fees for maps, blueprints or plats that require special expertise to duplicate may include the actual rate of compensation for the trained personnel required to duplicate such maps, blueprints or plats. If programming is required beyond the customary and usual level to comply with a request for records or information, the fees for compliance may include the actual costs of such programming.
5. 
The custodian may designate deputy custodians in the following departments: Administration, Police, Fire, Planning and Zoning, Public Works, Sewer, Economic Development, Municipal Court and Parks.
[1]
Editor's Note — Ord. no. 2005-2654, adopted January 25, 2005, superseded sections 110.100 "closed meetings and records authorized, when — exceptions", 110.110 "closed meetings, procedure and limitation — public records presumed open unless exempt" and 110.120 "records of governmental bodies to be in care of custodian, duties — records may be copied — charges" and enacted new provisions set out in section 110.100. Former sections 110.100 — 110.120 derived from RSMo. §§610.021 — 610.023. At the editor's discretion, sections 110.110 and 110.120 have been reserved for the city's future use.
[Ord. No. 96-2247 §110.130, 9-24-1996; Ord. No. 99-2385 §1, 5-26-1999; Ord. No. 99-2409-B §§1 — 2, 11-23-1999; Ord. No. 2014-2983 §1, 2-24-2014]
A. 
It shall be the duty of the Mayor to recommend to the Council persons to fill any vacancy or member position on any City board or commission. All recommendations of the Mayor to fill a vacancy on a City board or commission shall be subject to approval of a majority of the Council. The Mayor shall promptly appoint those persons approved by the Council to serve on the appropriate board or commission.
B. 
When a new board or commission is created, the City Clerk shall cause a notice to be placed in a local newspaper and on the public notice board at City Hall. The notice shall show the name and purpose of the new board or commission and the last date any person seeking appointment to the new board or commission may submit his or her name for consideration. At the next regularly scheduled meeting of the City Council following the last date any person seeking appointment may submit his or her name for consideration, the Council shall review the names of all applicants.
C. 
When a vacancy shall exist on a standing board or commission, the Chairperson of that board shall immediately notify the City Clerk and Mayor of the vacancy, and the City Clerk shall cause a notice of such vacancy and solicitation for applicants to fill the vacancy to be placed in a local newspaper and on the public notice board at City Hall. The notice prepared by the City Clerk shall describe the vacancy and the position to be filled and shall state the last date upon which any person seeking appointment to such vacancy shall submit his or her name for consideration to the City Clerk. The current members of the board or commission may interview the applicants, and, within thirty (30) days of the application deadline, the Chairman of the board or commission shall submit the names of all applicants to the Mayor along with any recommendations which the existing board or commission may have made as to the individuals which the existing board or commission has interviewed. At the next regularly scheduled meeting of the City Council, the Council shall review the names of all applicants.
D. 
After review of all the applicants has occurred, the Mayor shall then, within sixty (60) days, either appoint an individual from the list of applicants to fill the vacancy or shall appoint some other qualified person.
E. 
No person shall be appointed to serve as a member of more than two (2) boards or commissions of the City at the same time. No person shall be appointed to serve on the Planning and Zoning, Board of Zoning Adjustment and/or the Building Board of Appeals at the same time.
[Ord. No. 99-2392 §§1 — 2, 5-25-1999]
It shall constitute good cause, as such term is set forth in the State Statutes, to remove any individual from a board or commission if such individual has missed three (3) or more consecutive meetings of such board or commission.