[Code 1961 §2-1; CC 1976 §2-14; Ord. No. 1129 §1, 11-24-1969; Ord. No. 2458 §1, 11-28-1988; Ord. No. 2523 §1, 9-11-1989]
The following officers shall be elected by the qualified voters
of the City: Mayor and City Council. The Mayor shall be elected at
the general City election and shall be elected for a term of four
(4) years, commencing with the election in April, 1998. Each year
at the annual City election, there shall also be elected an Councilman
for each Ward of the City by the qualified voters of each respective
Ward. All Councilmen shall hold office for a term of two (2) years
and until their successors shall be elected or appointed and qualified.
[Code 1961 §2-2; CC 1976 §2-15; Ord. No. 1129 §1, 11-24-1969; Ord. No. 1858 §1, 1-25-1982; Ord. No. 2102 §1, 8-13-1984; Ord. No. 2283 §1, 7-14-1986; Ord. No. 96-78 §1, 9-24-1996; Ord. No. 97-7 §10, 2-24-1997]
A.
City Clerk. A Clerk, to be known as the City Clerk, shall
be elected by the City Council immediately following the election
and installation of a new Mayor.
B.
Other Appointive Officers. The Mayor with the consent and
approval of a majority of all the members elected to the City Council
shall appoint the Municipal Judge(s), City Attorney, City Prosecutor,
Director of Finance, Marshal, who shall also serve as Chief of Police,
Director of Finance, Street Commissioner and other appointive officers
as provided by ordinance.
C.
Term Of Office. All appointive officers of the City of Overland,
with the exception of the Municipal Judge(s), serve at the pleasure
of the Mayor and the City Council and are intended by their appointment
to be at-will employees of the City of Overland. Any appointive officer
may be removed from office at will by the Mayor of the City of Overland
with consent of a majority of all members elected to the Council.
Any appointive officer other than the Municipal Judge(s) of the City
of Overland may be removed from office by a two-thirds (⅔)
vote of the Council independent of the Mayor's approval or recommendation.
Notwithstanding the above, all appointive officers shall hold office
until the next General Election at which a Mayor is chosen.
D.
Compensation Of Appointive Officers. Compensation of all
appointive officers with the exception of the Municipal Judge(s) shall
be such amount as determined by the City Council in the adoption of
its annual budget.
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, except appointed officers,
must be residents 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.
[Code 1961 §2-4; CC 1976 §2-17]
A.
Every
officer of the City, every Councilman and every member of any board
or commission existing by law or by ordinance, before entering upon
the duties of his/her office, shall take and subscribe to an oath
or affirmation before some court of record in St. Louis 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 the State of Missouri affecting the City and the ordinances
of said City, and faithfully demean himself/herself while in office;
which official oath or affirmation shall be filed with the City Clerk.
B.
Every
officer, when required by the laws of the State of Missouri or by
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 an amount as set by the
Council from time to time, 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.
C.
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.
D.
For
any breach of condition of such bond, suit may be instituted thereon
by the City or by any person in the name of said City to the use of
such person. The premium on any surety company bond so given shall
be paid by the City.
[Code 1961 §2-5; CC 1976 §2-18]
No person shall perform the duties of an office to which he/she
is elected or appointed until commissioned as such. When the oath
and bond, as herein provided, have been filed with the City Clerk,
thereupon the City Clerk shall deliver to the person elected or appointed
a commission in the name of, and signed by the Mayor, and under the
Seal of the City, authorizing and empowering such person to discharge
the duties of the office for the term for which he/she has been elected
and appointed and until his/her successors shall have been duly elected
or appointed and commissioned.
[Code 1961 §2-6; CC 1976 §2-19]
It shall be the duty of all officers of the City to report annually
at the first (1st) regular meeting in April to the City Council, such
reports to embrace a full statement of the receipts and expenditures
of their respective offices and such other matters as may be required
by the City Council by ordinance, resolution or otherwise. Any officer
shall as often as required by the Mayor or City Council exhibit his/her
accounts or other papers or records, and make report to the City Council,
in writing, touching any matter relating to his/her office.
If a vacancy occurs in any elective office other than the office
of Mayor, 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 Council. The Council may adopt procedures to fill vacancies
consistent with this Section. The successor shall serve until the
next available regular municipal April election. If a vacancy occurs
in any office not elective, the Mayor shall appoint a suitable person
to discharge the duties of the same until the first (1st) regular
meeting of the Council thereafter, at which time the vacancy shall
be permanently filled.
[CC 1976 §2-23; Ord. No. 2201 §§1 — 3, 8-26-1985]
A.
All
elected and appointed officials and public employees of the City of
Overland shall hereinafter be fully indemnified and held harmless
by the City from any and all costs, attorney fees, claims, causes
of action, judgments or damages, either actual or punitive, which
may be assessed against said Overland officials or public employees
as a result of any action or omission of that public official or employee
in the course or conduct of their public office or employment.
B.
Nothing
in this Section shall be construed as an express or implied waiver
of sovereign immunity of the City of Overland as provided by the laws
of the State of Missouri.
C.
The
indemnity expressed in this Section shall not extend to any person
who shall commit an act constituting a misdemeanor or felony as defined
by the laws of the State of Missouri or the United States.
[CC 1976 §2-25; Ord. No. 95-30 §1, 6-13-1995]
A.
Definitions.
1.
As used in this Section, the term "employees" shall
include all persons employed by the City of Overland and elected and
appointed officials of the City of Overland.
2.
As used in this Section, the term "expenses" shall
refer only to expenses actually and necessarily incurred by an employee
in the performance of official business for the City of Overland.
B.
Expense Reimbursement. The City of Overland will reimburse
employees for expenses incurred during the performance of official
business, if and only if they submit a voucher(s) of expenses to the
City Clerk. Employees who submit vouchers will be required to certify
that all claimed expenses are true and correct and were actually and
necessarily incurred, on a form provided by the City Clerk. The Mayor
and the City Council may review submitted voucher(s). Following the
approval of the Mayor and City Council, the City Clerk will apportion
reimbursement for expenses properly incurred.
C.
Expense Cash Advance. With the approval of the Mayor and City Council, the City Clerk may authorize cash advances for expenses when the projected expenses to be incurred by particular employees would pose a financial burden on such employees. If such an advance is authorized, then employees shall submit a voucher(s) for the expenses actually and necessarily incurred and return the remaining cash balance not expended to the City Clerk as provided in Subsection (B) of this Section within ten (10) days after such expenses are actually incurred.
