All powers of the City of Neosho shall be vested in the City
Council except as otherwise provided by law or this Charter.
The Council shall provide for the exercise of such powers and
for the performance of all duties and obligations imposed on the City
by law or this Charter of all duties and obligations imposed on the
City by law or this Charter.
[Ord. No. 96-2020, 8-18-2020; passed in election 11-3-2020]
Number. The City Council shall consist of seven (7) members elected by the voters of the City. Members of the Council shall be the elective officers of the City. Said members shall be nominated and elected as provided in Article IX of this Charter.
General Members. Three (3) Council members
shall be known as general Council members and shall be elected by
the voters of the City at large.
Ward Members. The City shall be divided into
four (4) wards, the boundaries of which shall be established by ordinance.
Wards shall comprise compact and contiguous territory and contain,
as nearly as practicable, an equal number of inhabitants. Ward boundaries
shall be reviewed and revised from time to time, as may be necessary
to maintain as nearly as practicable an equal number of inhabitants
in each ward. Four (4) Council members shall be known as ward Council
members and shall be elected, one (1) from each ward, by the voters
of the ward in which they reside.
[Ord. No. 95-3 §2, 1-17-1995; passed in election 4-4-1995]
Any voter of the City who has reached the age of twenty-one
(21) years prior to taking office shall be eligible to hold office
on the Council. Members of the Council shall be elected for a term
of three (3) years commencing on the third (3rd) Tuesday in April
following their election and continuing until their successors are
duly elected and qualified, or until their offices are vacated. Before
assuming the duties of office, each Council member shall take an oath
of office.
Each member of the Council shall receive ten dollars ($10.00)
for each meeting of the Council attended, not to exceed twenty-five
dollars ($25.00) per month. In addition, members shall receive the
necessary actual expenses incurred in the performance of their duties
of office.
[Ord. No. 472-2011 §1 (Proposition 1), 5-3-2011; passed
in election 4-5-2011]
Selection. The Council, at the time of organization
within twenty-one (21) days of County Clerk Certification, shall elect
one (1) of its members as Mayor and another as Mayor Pro Tempore for
a term of one (1) year. In case the members of the Council are unable
to agree upon a Mayor or a Mayor Pro Tempore, or both, within five
(5) days of the organizational meeting, said official shall be selected
by lot from all the members of the Council.
Duties. The Mayor shall preside at all meetings
of the Council and shall have a voice and vote in all proceedings,
but no veto. This official shall appoint all committees, the appointment
or election of which is not otherwise provided. The Mayor shall have
no administrative duties but shall be recognized as the official head
of City for civil, military, and ceremonial purposes, and shall perform
such other duties imposed by this office or as may be assigned by
the Council.
Mayor Pro Tempore. The Mayor Pro Tempore shall
perform the duties of Mayor during the absence or disability of the
Mayor. In the absence of both the Mayor and the Mayor Pro Tempore,
the Council shall elect one (1) of their members to perform the duties
of Mayor.
Holding Other Office. No former Council member
shall hold any compensated appointive City office or employment until
one (1) year after the expiration of the term for which elected to
the Council.
Appointments and Removals. Neither the Council
nor any of its members shall dictate the appointment or removal of
any City Administrative Officer or employee whom the Manager or subordinates
of the Manager are empowered to appoint, but the Council may express
its views and fully and freely discuss with the Manager anything pertaining
to appointment and removal of such officers and employees.
Interference with Administration. Except for the purpose of inquiries and investigations under provisions of Section 2.11, the Council or its members shall deal with City Officers and employees who are subject to the direction and supervision of the Manager solely through the Manager, and neither the Council nor its members shall give orders to any such officer or employee, either publicly or privately.
Coercion by Council Members. No member of the
Council shall in any manner, directly or indirectly, by suggestion
or otherwise, attempt to influence or coerce the City Manager in the
making of purchases of supplies or equipment for the City.
Vacancies. The office of a Council member shall
become vacant upon the death, resignation, removal from office in
any manner authorized by law, or forfeiture of office of a member.
Forfeiture of Office. The office of a Council
member shall be forfeited if the member:
(1)
Lacks
at any time during the term any qualification for the office prescribed
by this Charter or by law;
(2)
Violates
any express prohibition of this Charter;
(3)
Is
convicted of a crime involving moral turpitude;
(4)
Remains
in default to the City after notice of such default;
(5)
Moves
residency from the City;
(6)
Fails
to attend three (3) consecutive regular meetings of the Council without
being excused by the Council;
(7)
Fails
to attend fifty percent (50%) of the meetings of the Council held
during the preceding six (6) months.
[Ord. No. 95-3 §2, 1-17-1995; passed in election 4-4-1995]
By resolution passed by a majority vote, the remaining members shall fill any vacancy on the Council. A Council member so appointed shall hold office until the next regular City election, at which time a member shall be elected to serve the unexpired term, if any. The requirement for a quorum, as provided in Section 2.14 of this Charter shall govern only if sufficient members remain on the Council. If the Council fails to fill said vacancy within thirty (30) days following its occurrence, the City Clerk shall call a special election to fill the vacancy. Said election shall be held on the next available election date following the occurrence of the vacancy, except that no election shall be called for such purpose within ninety (90) days preceding the regular City election.
The Council shall be the judge of the election and qualifications of its members and of the grounds for forfeiture of their office, as provided in Section 2.07 and Article XI, and for that purpose shall have power to subpoena witnesses, administer oaths and require the production of evidence. A member charged with conduct constituting grounds for forfeiture of office shall, upon request, be entitled to a public or private hearing before the Council.
The Council shall provide for an independent audit of all City
accounts at least annually. Such audit shall be made by a certified
public accountant or by a public accountant who shall attest to his
independence in regard to the fiscal affairs of the City Government.
A copy of the audit report shall be available in the office of the
City Clerk for public inspection.
The Council may make investigations into the affairs of the
City and the conduct of any City Department, office or agency and
for this purpose may subpoena witnesses, administer oaths, take testimony
and require the production of evidence. Any person who fails or refuses
to obey a lawful order issued in exercise of these powers by the Council
shall be guilty of a misdemeanor and shall be punishable as provided
by ordinance.
[Ord. No. 03-2014 §§1 — 4, 1-21-2014[2]]
Ethic prohibitions. Council shall enact code
provisions identifying prohibited conduct of its members including,
but not limited to, Improper Use of Public Property; Conflicts of
Interest; Influencing the City's business relationships with a business
of which a council member has an interest in and/or is so employed;
Appearing in a proceeding adverse to the City unless under subpoena;
Disclose or use confidential information gained by reason of the members
position on the Council; Having a financial or personal interest in
pending legislation and participating in discussion unless such interest
is disclosed on the record; Holds, directly or indirectly, any interest
in real estate situated within the City and participates in discussion
regarding the regulation or zoning of such real estate unless such
interest is disclosed on the record; and Representing individual opinions
as that being the opinion of the Council unless Council affirmatively
voted and passed an ordinance, resolution or motion that states the
expressed policy.
Ethics Board. Council shall establish by code
an Ethics Board for the purpose of insuring the proper implementation
of the code of ethics, determining violations of the code and advising
the Council of appropriate penalties thereof. The board shall operate
as a board only during the review of a specific complaint. No anonymous
complaint shall be reviewed. Any complaint filed within fifteen (15)
days of the general municipal election shall be reviewed subsequent
to the election. Nothing in this Section shall limit any Missouri
statutorily provided remedy for the filing of a frivolous complaint.
Penalty. Any councilmember who willfully violates
any provision of this Section may thereby be admonished, reprimanded
and/or forfeit his or her office or position with the City and unless
otherwise punishable, may be guilty of a misdemeanor and upon conviction
thereof shall be punishable by a fine not more than five hundred dollars
($500.00) or by imprisonment for not more than thirty (30) days, or
both.
[1]
Editor's Note — Ord. no. 330-2008 §1, adopted May
6, 2008, abolished the position of "city treasurer" and the city clerk
may perform the same duties as the city treasurer. As the city does
not levy real or personal property tax, the requirement of this position
is not necessary. The city has and will continue to utilize city officers
to manage and account for city monies, all of which is reviewed annually
by an independent auditor.
[2]
Editor’s Note: Ord. No. 18-2014 §§1 —
4, 5-6-2014, stated that the qualified voters of the City of Neosho,
at a municipal election held 4-8-2014, passed the Charter amendment
adopted by Ord. No. 03-2014.
The Council shall appoint a City Clerk who shall hold office
at the pleasure of the Council and receive compensation as determined
by it. The Clerk shall keep the journal of the proceedings of the
Council and perform such other duties as may be assigned by Statute,
this Charter or the City Council.
The Council may provide for the assignment or performance of
duties by the Clerk under the supervision of the City Manager.
[Ord. No. 95-3 §2, 1-17-1995; passed in election 4-4-1995; Ord. No. 330-2008 §1, 5-6-2008; passed in election 4-8-2008; Ord. No. 96-2020, 8-18-2020; passed in election 11-3-2020]
Regular Meetings. The Council shall meet regularly
at least once each month at such times and places as the Council may
prescribe by rule. All meetings of the Council shall be open to the
public, except as provided by the Statutes of Missouri.
Special Meetings. The Mayor may, or at the
request of three (3) members of the Council, shall call a special
meeting of the Council for a time not earlier than twelve (12) hours
after notice is given to all members of the Council then in the City.
Special meetings of the Council may also be held at any time by the
consent of all the members of the Council. The City Manager shall
receive notice of all special meetings of the Council.
Quorum. A majority of the Council (four (4)
members) shall constitute a quorum for the transaction of business,
but a smaller number may adjourn from day to day and compel the attendance
of absent members in such manner and under such penalties as the Council
may provide.
The Council shall provide for the keeping of a journal of its
proceedings which shall be open to public inspection. Except as herein
provided, the Council shall by ordinance determine its own rules and
order of business.
[Referendum of 11-5-1991; Ord. No. 96-2020, 8-18-2020; passed in election 11-3-2020]
Unless otherwise provided by Statute or this Charter, all actions
of the Council shall require an affirmative vote of four (4) members.
Voting, except on procedural matters, shall be by roll call. In all
roll call votes the names of the members of the Council shall be called
in alphabetical order and the name to be called first (1st) shall
be advanced one (1) position alphabetically in each successive roll
call vote. Upon final passage of every ordinance or resolution, the
"ayes" and "nays" shall be recorded in the journal.
[Ord. No. 96-17 §2, 5-21-1996; Ord. No. 330-2008 §1, 5-6-2008; passed in election 4-8-2008]
Introduction. Those legislative acts of the
Council, permanent in nature, shall be by ordinance. An ordinance
may be introduced by any member of the Council at any regular meeting,
or at a special meeting, wherein said proposed ordinance appears on
the agenda for the meeting. Every ordinance shall be by bill in written
or printed form with the subject of the ordinance clearly expressed
in its title. The enacting clause shall be "BE IT ORDAINED BY THE
COUNCIL OF THE CITY OF NEOSHO, MISSOURI."
Standard Codes. The Council may adopt any standard
code of technical regulations by reference thereto without the necessity
of setting forth the same in detail, provided however, the code of
technical regulations shall be attached to the ordinance adopting
the same and copies of the technical code adopted shall remain on
file in the office of the City Clerk and shall be available for public
inspection by all interested persons.
Reading of Bills. All bills shall be read three
(3) times before final passage, with no more than two (2) readings
(except readings of appropriation and emergency measures) at the same
session. The readings of bills may be by title only unless reading
in full is required by State Statute or court decision or requested
by one (1) or more members of the Council. Except for appropriation
ordinances for payment of obligation incurred by the City and emergency
measures, at least seven (7) days shall elapse between the introduction
and final passage of any bill. Appropriation ordinances and emergency
measures may be read three (3) times and finally passed at the meeting
at which presented.
Filed with Clerk. Every bill introduced shall
be filed with the City Clerk, and shall be available in that office
for public inspection until acted upon by the Council.
Public Hearings. Prior to the final passage
of any bill, except as hereafter provided, all persons interested
therein may be heard before the Council at regular or special meetings
in accordance with such rules or regulations as the Council may establish.
Final Passage. After the third (3rd) reading
of any bill and compliance with other provisions herein, the Council
may pass a bill with or without amendment. If the bill is amended
in such manner as to constitute a change in substance, as determined
by the Council, final action shall be taken at a subsequent meeting.
Any ordinance, when passed by the Council, shall be signed by
the Presiding Officer, attested by the City Clerk, properly indexed
in a book kept for the purpose, filed and preserved as a public record
in that office.
Effective Date. Unless an alternative date
is specified therein, every ordinance shall become effective immediately
after its final adoption.
Subject to Referendum. Except as otherwise provided in this Charter, any ordinance legislating a change in policy for the City, as distinguished from one administrative in nature, shall be subject to referendum as prescribed in Article X.
[1]
Note — Ord. no. 96-17 was passed by the voters in the
election of August 6, 1996.
[Ord. No. 330-2008 §1, 5-6-2008; passed in election 4-8-2008]
An ordinance may be passed as an emergency measure on the day
of the introduction of the bill if it contains the statement that
an emergency exists and specifies distinctly the facts and reasons
constituting the emergency. No ordinance granting, enlarging, or affecting
any franchise shall be passed as an emergency measure. The emergency
procedure shall be restricted to the following:
1.
Bills
concerning the immediate preservation of public peace, property, health,
safety, or morals.
2.
An appropriation
for payment of principal or interest of the public debt.
3.
An appropriation
for the payment of current expenses of the city government or payment
of compromise settlement of damage claims upon recommendation of the
city attorney.
4.
Calling
an election or providing for the submission of a proposal to the people.
5.
Any
ordinance fixing any tax rate or assessment.
6.
Any
ordinance relating to the public improvement to be paid for by special
assessment.
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A majority vote of the members of the council shall be required
to pass an ordinance as an emergency measure.
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The Council may act on matters of a transitory nature by resolution.
A resolution may be adopted at the meeting at which it is presented
following the first (1st) reading.
The Council may, without the constraints imposed by this Charter
for the enactment of an ordinance, act on such other incidental matters
as it may see fit, with the "ayes" and "nays" to be recorded in the
journal.
Within five (5) years after the effective date of this Charter,
and thereafter as the Council may determine, all ordinances and resolutions
having the force and effect of law shall be revised, codified and
promulgated according to a system of continuous numbering and revision
as specified by ordinance.
