[CC 2001 §2.16.150; Ord. No. 1.01 §16, 9-14-1953]
The term "officers", whenever used in the ordinances
of this City, shall include all persons elected or appointed to any
office under the City Government unless clearly used in a more restricted
or enlarged sense.
Elected officials and their terms shall be as set out in Section 105.020 of this Code.
[Ord. No. 2008-03 §12, 1-8-2008; Ord.
No. 202116, 5-10-2021]
The Mayor, with the consent and approval of a majority of the
members elected to the City Council, shall have the power to appoint
a Municipal Court Judge, City Attorney, City Counselor, Chief of Police,
City Clerk, Fire Chief, City Administrator, Library Director, Nutrition
Center Director and Court Clerk. The City Administrator, with the
consent and approval of the Mayor and a majority of the members elected
to the City Council, shall have the power to appoint/hire any other
department head/employees as the City of Bonne Terre may require and
deem necessary. Further, the Mayor, with the consent and approval
of a majority of the members elected to the City Council, may at any
time, but at minimum every two (2) years, review their previous appointments,
solicit additional candidates for each appointed position, and/or
reappoint qualified individuals to serve in each office identified
in this Section.
The Mayor may, with the consent of a majority of all the members
elected to the City Council, 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 Council sitting
as a court of impeachment. Any elective officer may, in like manner,
for cause shown, be removed from office by a two-thirds (⅔)
vote of all the members elected to the City Council, independently
of the Mayor's approval or recommendation. The Mayor may, with the
consent of a majority of all the members elected to the Council, 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 Council, independently of the Mayor's
approval or recommendation. The Council may pass ordinances regulating
the manner of impeachment and removals.
[CC 2001 §2.16.050; Ord. No. SP122003 §§1 — 2, 5, 7-8-2003; Ord. No. SP172006 §1, 10-24-2006]
A.
EMPLOYEE
OFFICER
RESIDENCY or RESIDENCE
Definitions
used in this Section are as follows:
A person hired by the City of Bonne Terre, Missouri, to work
for salary or wages who is not an "officer" as defined by this Section.
As provided in Section 77.400, RSMo., includes any person
holding any situation under the City Government or any of its departments,
with an annual salary or for a definite term of office, other than
clerical or professional staff.
The actual principal domicile of an individual, where he/she
normally eats or sleeps and maintains usual personal and household
effects.
B.
Residency Requirements For Officers. As provided in Section
77.380, RSMo., all "officers" elected to office 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 of Bonne Terre, Missouri.
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.
C.
Residency Requirements For Present Employees. All present
employees who are not "officers" are not required to be residents
of the City of Bonne Terre, Missouri. In the event any current employee,
as defined by this Section, should change residence as defined by
this Section, said individual may move and establish residence within
thirty (30) minutes drive time of the Bonne Terre City Hall.
D.
Residency Requirements For New Employees. All new employees
who are not "officers" shall upon date of hire reside within thirty
(30) minutes drive time of the Bonne Terre City Hall.
E.
Breach Of Residency Requirements. Should it be alleged that
an officer or employee no longer meets the residency requirements,
subject to the provisions of this Section the City Administrator,
upon becoming aware of the allegation, shall provide the officer or
employee written notice of the alleged violation and shall allow the
officer or employee seven (7) calendar days in which to respond.
Every officer of the City and his/her assistants and every Councilperson,
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
in office; which official oath or affirmation shall be filed with
the City Clerk. Every officer of the corporation, when required by
law or ordinance, shall, within fifteen (15) days after his/her election
or appointment 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 shall be designated by ordinance, conditioned for 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, for the use
of such person.
The Council shall have power to fix the compensation of all
officers and employees of the City.
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.
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; and bonds may be required of any
such officers for faithfulness in office.
[CC 2001 §2.16.110; Ord. No. 1.01 §10, 9-14-1953]
If any officer of the City shall remove from the same with the
intention of residing beyond the limits of the City or shall absent
himself/herself therefrom for more than sixty (60) days without a
written permission from the Mayor or in case of the Mayor, the written
permission of the City Council, such office shall be declared vacant
and it shall be filled as in the case of any other vacancy; provided,
that the City Council for good cause may remit such forfeiture of
office, except in case of change of residence.
[CC 2001 §2.16.120; Ord. No. 1.01 §11, 9-14-1953]
Any outgoing officer shall upon vacating his/her office either
by reason of termination of his/her term of office, by resignation,
ouster or from any other cause deliver over to his/her successor or
to the Mayor all books, papers, furniture and other things appertaining
to his/her office.
[CC 2001 §2.16.130; Ord. No. 1.01 §12, 9-14-1953]
Reports of officers, required by ordinance, shall be filed with
the City Clerk and retained and preserved by the City Clerk as a permanent
record of the City.
[CC 2001 §2.16.140; Ord. No. 1.01 §14, 9-14-1953]
No officer of the City nor any deputy Clerk nor employee of
any such officer nor any servant or agent of the City shall directly
or indirectly, himself/herself or by another for his/her own profit
or benefit, deal in the purchase of City warrants, bonds or other
obligations of the City.
