The elective officers of the City and their terms shall be those set out in Section 105.020 of this Code.
The Mayor, with the consent and approval of the majority of
the members of the Board of Aldermen, shall have power to appoint
a City Treasurer, City Attorney, City Assessor, Street Commissioner,
Environmental Commissioner, Building Commissioner and Night Watchman
and such other officers as he/she may be authorized by ordinance to
appoint, and if deemed for the best interests of the City, the Mayor
and Board of Aldermen may, by ordinance, employ special counsel to
represent the City, either in a case of a vacancy in the office of
City Attorney or to assist the City Attorney, and pay reasonable compensation
therefor.
The Mayor may, with the consent of a majority of all the members
elected to the Board of Aldermen, remove from office, for cause shown,
any elective officer of the City, such officer being first given opportunity,
together with his/her witnesses, to be heard before the Board of Aldermen
sitting as a Board of Impeachment. Any elective officer, including
the Mayor, may in like manner, for cause shown, be removed from office
by a two-thirds (⅔) vote of all members elected to the Board
of Aldermen, independently of the Mayor's approval or recommendation.
The Mayor may, with the consent of a majority of all the members elected
to the Board of Aldermen, remove from office any appointive officer
of the City at will, and any such appointive officer may be so removed
by a two-thirds (⅔) vote of all the members elected to the
Board of Aldermen, independently of the Mayor's approval or recommendation.
The Board of Aldermen may pass ordinances regulating the manner of
impeachments and removals.
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 the
City except that appointed officers need not be voters 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. All officers, except appointed officers, shall
be residents of the City.
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. The bond provisions of this Section may be satisfied by the
securing of a blanket bond or blanket bonds, approved by the Board
of Aldermen, covering such officers by name or position.
The Board of Aldermen shall fix the compensation of all the
officers and employees of the City by ordinance. The salary of an
officer shall not be changed during the time for which he/she was
elected or appointed.
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 (1st) regular meeting of
the Board of Aldermen thereafter, at which time such vacancy shall
be permanently filled.
The duties, powers and privileges of officers of every character
in any way connected with the City Government, not herein defined,
shall be prescribed by ordinance. Bonds may be required of any such
officers for faithfulness in office in all respects.
[Ord. No. 698 §1, 11-11-2003]
A.
Defense Of Suits And Claims. If a City Official or employee
requests the City to defend him/her against any claim or action against
him/her for an injury alleged to arise out of an act or omission occurring
within the scope of his/her duties or employment as an official or
employee of the City and such request is made in person or in writing
to the Mayor no later than twenty (20) days after service of process
or notification of impending claim or suit, the City shall investigate,
defend, negotiate or compromise such claims, actions or judgment resulting
from trial, on behalf of the official or employee, as deemed appropriate
by the Board of Aldermen and the City Attorney. For purposes of this
Section, the term "compromise" shall include settlements
of claims or of judgments.
B.
Exclusions. In no event shall protection be afforded under
this Section by the City to:
1.
Any dishonest, fraudulent, criminal, willful, wanton, intentional
or malicious act or course of conduct of an official or employee;
2.
Any act or course of conduct of an official or employee which is
not performed on behalf of the City;
3.
Any act or course of conduct which is outside the scope of an official's
or employee's service or employment with the City;
4.
Any lawsuit brought against an official or employee by the City;
5.
Any act or omission contrary to or not in furtherance of any adopted
City ordinance or policy;
6.
Any liability or property damage incurred as a result of an employee's
use of a personal vehicle on City business, unless the employee has
on file with the City proof of current and valid auto bodily injury
and property damage liability insurance. The employee's insurance
shall be primary and the City's insurance or other obligation pursuant
to this Section shall be in excess of the employee's insurance; or
7.
Workers' Compensation claims which are covered by separate provisions
and/or Chapter 287, RSMo.
C.
Determination Of Scope Of Employment. It shall be within
the discretion of the Board of Aldermen, with advice from the City
Attorney, to determine whether a claim or action arises out of an
act or omission occurring within the scope of employment. Persons
shall not be entitled to City defense and protection for the named
exclusions.
D.
Persons Protected. This Section applies to all City employees,
elected or appointed officials and to members of City boards or commissions
and City entities. It is also applicable to former City employees,
officials and members of boards, commissions and City entities. This
Section does not apply to employees of any other public entity beyond
those described above, even if that entity receives funding from the
City, in whole or in part or to private persons or firms doing business
with the City. Independent contractors are excluded from the coverage
of this Section.
E.
No Obligation For Punitive Or Exemplary Damages. In no event
shall this Section require the City to pay any part of a claim or
judgment for punitive or exemplary damages.
F.
Requests Required For Representation. If the Mayor does
not receive, in person or in writing, the request from the employee
or official within the twenty (20) day period after service of process
or other notification of a pending claim, the Board of Aldermen may
elect to decline defense and representation of the official or employee.
It shall be the responsibility of the Mayor to coordinate with the
Board of Aldermen, City Attorney and the official or employee in order
to ensure that deadlines are met and in the determining the coverage
of this Section.
G.
Notice To Employee Of Claim Or Suit. In the event that service
of process is accepted by someone other than the named defendant,
but who is a City employee or agent and, therefore, legally capable
of accepting service, the Mayor shall be immediately notified of such
service. Furthermore, upon receipt of notification of suit or claim,
the Mayor shall give prompt notice to the individual being sued in
order to apprise said individual of the pending claim or litigation;
the Mayor shall also forward a copy of the lawsuit or notification
to the official or employee.
H.
City Attorney To Be Solely Responsible For Negotiations And Conduct
Of Litigation. The City Attorney shall be the sole agent
authorized to negotiate on behalf of the City and its officials and
employees. Any investigation, defense, negotiation or compromise of
any claim covered by this Section shall be conducted by the City Attorney.
An employee or official's independent act of compromise or settlement
of claims shall be grounds for forfeiture of the protections afforded
under this Section.
1.
City may hire outside counsel. In instances where
circumstances require it, the City may retain outside counsel to conduct
litigation. If outside counsel is retained to represent an official
or employee, the City Attorney shall notify the employee or official
of said representation.
2.
Official or employee retains outside counsel. If
an official or employee elects to retain outside counsel, there shall
be no right to reimbursement for legal expenses or right of indemnification
as provided by this Article. However, a defendant City Official or
employee may retain separate counsel at his/her own expense to participate
in his/her defense.
I.
Cooperation Of Officials And Employees. Any persons and
City entities seeking the benefit of this Section shall cooperate
with the attorneys conducting any investigation and preparing any
defense by assisting the attorneys in all respects including the making
of settlements, the securing and giving of evidence, attendance at
hearings and trials, obtaining the attendance of witnesses at hearings
and trials, securing other evidence and keeping the attorneys informed
of their whereabouts.
J.
Insurance. The City may, in its discretion, expend funds
to procure one (1) or more policies of insurance to insure against
all or any portion of the potential liabilities of the City and its
officials, employees or entities. Should the City elect to procure
a policy of insurance which covers an action or claim brought against
a City Official or employee within the meaning of this Section, the
official's or employee's right to indemnification under this Section
shall be limited by the policy limits of said policy of insurance.
K.
City Liability. Nothing contained in the provisions of this
Section shall be construed to broaden the liability of the City under
the doctrine of sovereign immunity or beyond the limits on the waiver
of sovereign immunity, nor to abolish or waive any defense at law
or equity which might otherwise be available to any City Official,
employee or entity. For claims falling within the scope of sovereign
immunity, a covered official's or employee's right to indemnification
under this Section shall be co-extensive with and shall not extend
beyond the limits of the City's liability under the doctrine of sovereign
immunity; the City's liability limit and the official's or employee's
right to indemnification shall be one and the same and there shall
not be separate limits for each. Nothing in this Section shall be
construed as a waiver of the City's immunity from liability for punitive
damages under Federal and/or State law or any other defense or immunity
under Federal and/or State law on behalf of the City or any City Official
or employee.
L.
Pending Claims. The provisions of this Section shall apply
to any claim or lawsuit against an official or employee or any such
claim or lawsuit hereafter filed, whether the events of which occurred
before or after the effective date of this Section.
M.
Satisfaction Of Judgments, Claims And Settlement Of Litigation. Judgments entered against employees or officials, except judgments
for punitive or exemplary damages, shall be self-executing and shall
not require any further legislative action. The City Treasurer is
authorized to pay any and all such judgments upon finality as advised
by the City Attorney. Payment of judgments shall include all court-ordered
costs and attorney's fees.
N.
Limitations. This Section shall not be construed as creating
a contract between the City and any employee or official or a contract
of insurance. No provision of this Section shall be construed to broaden
the liability of the City in any way.
O.
Indemnification For Claims Not Defended By City Attorney —
When. If the Board of Aldermen declines to defend an official
or employee under the provisions of this Section in any action, suit
or proceeding to which he/she is made a party by reason of the fact
that he/she is or was an official or employee and such official or
employee is successful on the merits in the defense thereof, the City
shall indemnify such official or employee against all expenses, including
reasonable attorney's fees, incurred by him/her in connection therewith.
Further, if such action or proceeding is settled and not determined
on the merits or if determined on the merits adversely to the official
or employee, the City may indemnify the official or employee against
his/her expenses as aforesaid and against any judgment or amounts
paid in settlement actually and reasonably incurred by him/her if
he/she acted in good faith and in a manner he/she reasonably believed
to be in or not opposed to the best interests of the City as determined
by the Board of Aldermen.
