[R.O. 1991 § 120.010; Ord. No. 2924-15 § 1, 6-16-2015[1]]
It is the policy of the City of Smithville, Missouri, to foster and promote public access to the proceedings, votes and records of the City to the extent that it is lawful and appropriate to provide such access. It is the obligation of elected and appointed City officials and City employees to fully comply with the provisions of Chapter 610, RSMo., commonly referred to as the "Missouri Sunshine Law." In furtherance of this policy, the City has adopted this Chapter 120 of the City Code in order to provide guidance to the public, City officials and employees regarding this policy. The provisions of this Chapter do not and are not intended to describe all the provisions of the Sunshine Law, but the absence of such provisions from this Chapter is not intended in any manner to limit the application of the Sunshine Law to public meetings, records or votes nor excuse any official or employee from complying with the Sunshine Law, and to the extent any terms of this Section are in conflict with Chapter 610, RSMo., commonly referred to as the "Missouri Sunshine Law," the Statute will control. Any reference to Chapter 610 herein shall include any amendments thereto.
[1]
Editor's Note: Section 1 of this ordinance
repealed former Ch. 120, Meetings and Records, adopted 5-9-1977 by
Ord. No. 669 §§ 2 — 17, as amended.
[R.O. 1991 § 120.020; Ord. No. 2924-15 § 1, 6-16-2015]
As used in this Chapter, unless the context otherwise indicates, the terms "closed meeting," "closed record or closed vote," "copying," "public business," "public governmental body," "public meeting," "public record" and "public vote" have the meanings as described in Chapter 610 of the Missouri Statutes.
[R.O. 1991 § 120.030; Ord. No. 2924-15 § 1, 6-16-2015; Ord. No. 3089-21, 3-2-2021]
A.
When Held. The Board of Aldermen shall
hold regular meetings on the first and third Tuesday of each month
at 7:00 P.M. except when legal or national holidays or other important
special events conflict with the regularly scheduled meeting. The
Board of Aldermen shall vote to set the date(s) of any meeting(s)
that must be rescheduled due to such conflicts. The Mayor has the
authority to cancel or postpone meetings due to emergencies, inclement
weather, or a reasonable belief that a quorum of the Board is not
likely to attend. Any such meeting canceled by the Mayor shall be
reasonably rescheduled as soon as practical, but not later than eight
(8) days prior to the regular meeting date unless otherwise approved
by the Board. The Mayor may call special meetings of the Board of
Aldermen whenever in his/her opinion the public business may require
it or at the express written request of any two (2) members of the
Board.
B.
Notice. Notice shall be given as required
by Chapter 610, RSMo.
C.
Place. All regular meetings of the Board
of Aldermen shall be held in the City Hall of the City, unless otherwise
stated on the notice.
[R.O. 1991 § 120.040; Ord. No. 2924-15 § 1, 6-16-2015]
A.
All matters to be discussed by the Board of Aldermen at a regular meeting shall be made a part of the agenda, and no matter shall be introduced for discussion unless such matter is so listed on the agenda, except as authorized by Chapter 610.
B.
Every member desiring to speak shall address
the chair and, upon recognition by the Presiding Officer, shall confine
himself or herself to the question under debate, avoiding all personalities
and indecorous language.
C.
A member, once recognized, shall not be
interrupted when speaking unless it be to call him/her to order, or
as herein otherwise provided. If a member, while speaking, be called
to order, he/she shall cease speaking until the question of order
be determined and, if in order, he/she shall be permitted to proceed.
D.
The Aldermen moving the adoption of an
ordinance or resolution shall have the privilege of closing the debate.
E.
When a matter is under debate or discussion,
each member shall be given the opportunity by the chair to state his/her
views and position on the matter under debate or discussion.
F.
All debate and discussion shall be limited
to the matter under consideration. When the debate or discussion has
closed, a motion by pending the questions shall be voted upon. Upon
the commencement of the roll call for such vote, no further debate
or statements of position on the question shall be permitted.
G.
Any member of the Board of Aldermen or
the Mayor shall have the right to have his/her verbal or written statement
entered on the minutes, upon request.
H.
Decorum. While the Board is in session,
the members must preserve order and decorum, and a member shall neither,
by conversation or otherwise, delay or interrupt the proceedings or
the peace of the Board nor disturb any member while speaking or refuse
to obey the orders of the Board or its Presiding Officer, or the rules
of procedure established by this Chapter; except as otherwise herein
provided. Any member who conducts himself or herself in a manner contrary
to this Section may, with the consent of a majority of the remaining
members of the Board, be expelled from the meeting.
I.
Any person making personal, impertinent
or slanderous remarks or who shall become boisterous while addressing
the Board shall be forthwith, by the Presiding Officer, barred from
further audience before the Board unless permission to continue be
granted by a majority vote of the Board.
J.
A member of the Police Department shall
be sergeant at arms of the Board meetings, and carry out all orders
and instructions given by the Presiding Officer for the purpose of
maintaining order and decorum at the Board meeting. Upon instructions
of the Presiding Officer, its shall be the duty of the sergeant at
arms, or any of them present, to place any person who violates the
order and decorum of the meeting under arrest, and cause him/her to
be prosecuted under the provisions of this Chapter, the complaint
to be signed by the Presiding Officer.
[R.O. 1991 § 120.050; Ord. No. 2924-15 § 1, 6-16-2015]
A.
The City Clerk is hereby appointed as the
custodian of records and is to be responsible for the maintenance
of all records of the City of Smithville. The custodian is authorized
to appoint assistant custodians to aid in the performance of the custodian's
duties, as established by State law, City ordinance and City policies
which govern access to and maintenance of public records, meetings
or votes.
B.
Record requests will be addressed as set
forth in Chapter 610, RSMo.
[R.O. 1991 § 120.060; Ord. No. 2924-15 § 1, 6-16-2015]
[R.O. 1991 § 120.070; Ord. No. 2924-15 § 1, 6-16-2015]
Pursuant to Sections 109.200 to 109.310,
RSMo., commonly referred to as the "State and Local Records Law,"
Chapter 109, Section 255, RSMo., the Local Records Board establishes
minimum retention periods for the administrative, fiscal and legal
records created by local governments. It is the intent of the City
of Smithville to retain records pursuant to the periods established
by the Local Records Board, and the designated custodian of records
is authorized to do so.
