[CC 1996 §115.010; CC 1977 §21.010; Ord. No. 590 §1, 8-7-1978; Ord. No. 938 §II, 8-7-1995; Ord. No. 1346 §II, 4-21-2003]
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 this
City. No person shall be elected or appointed to any office who shall,
at anytime, be in arrears for any unpaid City taxes or forfeiture
or defalcation in office. Appointed officers need not be residents
of the City, unless otherwise provided by ordinance for that particular
office.
[CC 1996 §115.020]
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.
[Ord. No. 1505 §I, 1-23-2006]
A.
The
City may, in its discretion, indemnify any person who was or is a
party or is threatened to be made a party to any threatened, pending
or completed action, suit or proceeding, whether civil, criminal,
administrative or investigative, other than an action by or in the
right of the City, by reason of the fact that he/she is or was a public
official, whether elected or appointed, officer, employee or agent
of the City or its boards or commissions or was serving at the request
of the City on any other Governmental board or commission against
expenses, including attorney fees, judgments, fines and amounts paid
in settlement or compromise, actually and reasonably incurred by him
or her in connection with such action, suit or proceeding if he or
she acted in good faith and in a manner he or she reasonably believed
to be in or not opposed to the best interest of the City and, with
respect to any criminal action or proceeding, had no reasonable cause
to believe his or her conduct was unlawful or unconstitutional. The
termination of any action, suit or proceeding by judgment, order,
settlement, conviction or upon a plea of nolo contendere or its equivalent
shall not, of itself, create a presumption that the person did not
act in good faith and in a manner that he/she reasonably believed
to be in or not opposed to the best interest of the City and, with
respect to any criminal action or proceeding, had reasonable cause
to believe that his/her conduct was not unlawful; except that no indemnification
shall be made in respect of any claim or matter as to which such person
shall have been adjudged to be liable for negligence or misconduct
in performance of his or her duty to the City unless and only to the
extent that the court in which the action or suit was brought determines
upon application that, despite the adjudication of liability and in
view of all the circumstances of the case, the person is fairly and
reasonably entitled to indemnity for such expenses the court may deem
proper.
B.
Expenses
incurred in defending a civil or criminal action, suit or proceeding
may be paid by the City in advance of the final disposition of the
action, suit or proceeding as authorized by the Board of Aldermen
in the specific case upon receipt of an undertaking by or on behalf
of the public official, employee or agent to pay the expense of such
action.
C.
Any
person seeking indemnification from the City shall, in the event of
any occurrence and upon receipt of notice of any claim, suit, action
or proceeding, promptly notify in writing the City Administrator of
the City of the identity of the person seeking indemnification and
also reasonably obtainable information with respect to the time, place
and circumstance that give rise to the occurrence including the name
and address of the injured party and of any witnesses.
D.
The
person seeking indemnification shall cooperate with the City in any
investigation, defense, negotiation or compromise of any claim, suit
or action, even if any of the allegations of the suit are groundless,
false or fraudulent and the City may make such investigation and settlement
of any claim or suit as it deems expedient, but the City shall not
be obligated to pay any claim or judgment or expense including attorney
fees unless and until the benefits of any insurance, whether provided
by the City or by the person seeking indemnification, have been exhausted
and in no event in excess of one hundred thousand dollars ($100,000.00)
for any one (1) claimant or an aggregate of one hundred fifty thousand
dollars ($150,000.00) for all claims arising out of and upon the same
act or an aggregate of one hundred fifty thousand dollars ($150,000.00)
during any one (1) calendar year.
E.
Any
investigation, defense, negotiation or compromise covered by this
Section shall be conducted by the City Attorney or his/her designees.
[CC 1996 §115.060; CC 1977 §21.190]
Each and every officer of this City, who shall be entrusted
with any books, papers or other property pertaining to his/her office
and belonging to the City, shall take care of and preserve the same
in a fireproof safe or bank vault and upon resignation, removal or
expiration of his/her office, he/she shall promptly deliver all books,
papers or other property in his/her custody to his/her successor in
office.
