Cross Reference: As to election of city council members, see § 105.020 of this code.
[R.O. 1993 § 105.010]
The Council shall consist of five (5) members, and all persons
now eligible for the position of Councilman under the laws governing
cities of the Third Class shall be eligible to serve as Councilmen.
The term of Councilmen shall be three (3) years, except that of the
first Council elected one (1) member shall serve for one (1) year,
two (2) for two (2) years, and two (2) for three (3) years. Those
Councilmen receiving the highest number of votes at the first municipal
election shall serve for the three-year term, those receiving the
next highest shall serve for the two-year term, and the other for
the one-year term. All Councilmen shall be elected at large. They
shall qualify and their terms of office shall begin on the first Monday
after their election. The terms of office of the Mayor and Councilmen
of the City of Charleston, in office at the beginning of the terms
of office of the Council first elected, including all Boards and Commissions,
shall cease and determine and the terms of office of all other City
Officers, whether elective or appointive, in force in this City, except
as herein provided, shall cease and determine as soon as the Council
shall by resolution declare, except that the Council may continue
the Board of Public Works, and the Library, Hospital and Park Boards
for such time or times after organizing under Sections 78.430 to 78.460,
RSMo., as the interests of the City of Charleston, in its judgment,
may require.
[R.O. 1993 § 105.020; R.O. of 1938, § 185;
CC 1963 Ch. 2 Art. I § 2-2]
No person shall be eligible to the office of Councilman who
is not twenty-five (25) years of age, a citizen of the United States,
a qualified voter, and an inhabitant of the City of Charleston for
one (1) year. Nor shall any person be elected Councilman who is in
arrears for any City tax lien, forfeiture or defalcation in office.
[R.O. 1993 § 105.100; R.O. of 1938, § 186;
CC 1963 Ch. 2 Art. I § 2-11]
Before entering upon the discharge of the duties of his/her
office, each Councilman shall take and subscribe to an oath or affirmation
before some Court of Record in the County, or the City Clerk or Municipal
Judge, 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 the State of Missouri, the provisions of all
laws of this State affecting cities of the Third Class and the ordinances
of the City of Charleston, and faithfully demean himself in office.
[R.O. 1993 § 105.030; CC 1963 Ch. 2 Art. I § 2-3]
A.
The
City Council shall at the time of organizing elect one (1) of its
members as Mayor and another as Chairman Pro Tem for a term of one
(1) year. In case the members of the City Council, within five (5)
days after the time herein fixed for their organization meeting, are
unable to agree upon a Mayor or a Chairman Pro Tem of such Council,
then a Mayor or Chairman Pro Tem, or both, as the occasion may require,
shall be selected from all the members of such Council by lot and
a record thereof shall be made upon the journal of the Council.
B.
The
Mayor shall preside at all meetings of the Council and perform such
other duties consistent with his/her office as may be imposed by it,
and he/she shall have a voice and vote in its proceedings, but no
veto.
C.
The
Mayor shall be recognized as the official head of the City by the
courts for the purpose of serving civil process, by the Governor for
the purpose of military law, and for all ceremonial purposes. The
powers and duties of the Mayor shall be such as are conferred upon
him/her by Sections 78.430 to 78.640, RSMo., and no others.
D.
If
the Mayor be temporarily absent from the City, or become temporarily
disabled from any cause, his/her duties shall be performed during
such absence or disability by the Chairman Pro Tem. In the absence
of both the Mayor and Chairman Pro Tem, the other members of the City
Council shall elect one (1) of their number to perform the duties
of Mayor.
[R.O. 1993 § 105.040]
A.
Except
as herein provided, the Council of this City shall have all the powers
now or hereafter given to the Council or to the Mayor and Council
jointly, under the law by which such City adopting said Sections was
governed under its former organization, and shall have such power
over and control of the administration of the City government as is
provided in said Sections.
B.
It
shall be the duty of the Council to pass all ordinances and other
measures conducive to the welfare of the City and to the proper carrying
out of the provisions of Sections 78.430 to 78.640, RSMo. It shall
appoint a suitable person not a member of the Council to be the Administrative
Head of the City government whose official title shall be "City Manager."
The Council shall also provide for all offices and positions, in addition
to those herein specified, which may become necessary for the proper
carrying on of the work of the City, and shall fix the salary and
compensation of all officers and employees of the City not herein
provided for. The creation of all offices and salaries attached thereto,
which may be provided for by the Council under Sections 78.430 to
78.640, RSMo., shall be by ordinance, and they shall all be for an
indefinite term. The Council shall also provide office rooms at the
City Hall or at some other convenient and suitable place in the City
for the transaction of the business of the City and for the convenience
of its officers.
[R.O. 1993 § 105.070]
Each City Councilman and the Mayor shall receive a salary as
set by the City Council by ordinance from time to time, but not to
exceed one hundred dollars ($100.00) per annum.
[R.O. 1993 § 105.140; R.O. of 1938, § 203;
CC 1963 Ch. 2 Art. I § 2-21]
Resignations of Councilmen shall be in writing and addressed
to the Mayor.
[R.O. 1993 § 105.080; CC 1963 Ch. 2 Art. I § 2-9]
The Council shall appoint a City Manager, a City Clerk, City
Assessor and City Treasurer; the offices of City Clerk and City Treasurer
may be filled by one (1) person. The City Manager may recommend individuals
for these offices to City Council for their approval. All other officers
and employees of the City shall be appointed and discharged by the
City Manager, the Council to have the power to make rules and regulations
governing the same.
[R.O. 1993 § 105.110]
The Council shall cause to be kept a journal of its proceedings,
and the "ayes" and "nays" of the members shall be entered on any question
at the desire of any two (2) members. The Council may prescribe and
enforce such rules as may be necessary to secure the attendance of
its members and the expeditious transactions of its business.
[R.O. 1993 § 100.040]
The style of the ordinances of the City shall be: "Be it Ordained
by the Council of the City of Charleston, Missouri, as follows:" No
ordinance shall be passed except by bill, and no bill shall become
an ordinance unless on its final passage a majority of the members
elected to the Council shall vote therefor, and the "ayes" and "nays"
shall be entered on the journal. Every proposed ordinance shall be
introduced to the Council in writing and shall be read by title or
in full two (2) times prior to passage; both readings may occur at
a single meeting of the Council. If the proposed ordinance is read
by title only, copies of the proposed ordinance shall be made available
for public inspection prior to the time the bill is under consideration
by the Council. No bill shall become an ordinance until it shall have
been signed by the officer presiding at the meeting of the Council
at which it shall have been passed. When so signed, it shall be delivered
to the Mayor for his/her approval and signature, or his/her veto.
The title of every bill shall indicate the purpose or object sought
to be accomplished thereby.
[R.O. 1993 § 105.120; R.O. of 1938, § 196;
CC 1963 Ch. 2 Art. I § 2-16]
The Council has no power to relieve any person from the payment
of any tax or exempt any person from any assessment or other burden
imposed upon him or her by law.
[R.O. 1993 § 105.130]
The Council shall have power to compel the attendance of witnesses
and the production of papers relating to any subject under consideration
in which the interest of the City is involved, and shall have power
to call on the proper officer of the City or of the County in which
the City is located, to execute such process. The officer making such
service shall be entitled to receive therefor such fees as are allowed
by law for similar service, to be paid by the City. The President
of the Council or President Pro Tem shall have power to administer
oaths to witnesses.
[R.O. 1993 § 105.060]
A.
Regular
meetings of the City Council shall be held on the second Tuesday of
each month.
B.
Special
meetings shall be held whenever the Council at its regular meeting
shall deem and declare the same to be necessary; or special meetings
may be called by the Mayor at his/her own instance or upon written
application of two (2) members of the Council; or the Mayor or any
two (2) Councilmen may call a special meeting of the Council at any
time by causing the City Manager to serve a notice upon members of
the Council of the time fixed for such special meeting, or by reading
the same to and within the hearing of said Councilmen or if they be
not found, by leaving a copy of such notice at the usual place of
residence of each Councilman, with some member of his/her family above
the age of fifteen (15) years, or with his/her clerk, agent or representative
at his/her usual place of business. Said notice shall state the purpose
for which such meeting is called and the time of holding the same.
[R.O. 1993 § 105.050; CC 1963 Ch. 2 Art. I § 2-5]
Three (3) members of the Council shall constitute a quorum to
do business, but no action thereof shall be valid unless at least
three (3) shall vote in favor of such action. Upon every vote, the
"ayes" and "nays" shall be called and recorded and every motion, resolution,
and ordinance shall be reduced to writing before the vote is taken
thereon. Every resolution or ordinance passed by the Council must
be signed by the Mayor, or in his/her absence by the Chairman Pro
Tem, or by two (2) members of the Council before the same shall be
enforced.
[R.O. 1993 § 105.170]
A.
A majority
of the members elected to the Council shall constitute a quorum to
do business, but no action thereof shall be valid unless at least
three (3) shall vote in favor of such action. Two (2) members may
send for and compel the attendance of the absent members and make
an order for their censure or fine.
B.
No
member shall absent himself from the Council unless he/she be sick
and unable to attend, or be otherwise prevented by circumstances beyond
his/her control. If any member shall absent himself from three (3)
or more successive meetings of the Council without a reasonable excuse
for his/her absence, the Council may, by a vote of four (4) members
elected thereto, expel such member and declare his/her office vacant.
C.
At
the hour designated for the Council meetings, the Mayor shall call
the Council to order and after roll call, if a quorum be present,
he/she shall call the minutes of the last preceding meeting to be
read for correction and approval, if requested by any one (1) member
of the Council, otherwise the reading of the minutes shall be deemed
automatically to have been waived. He/she shall preserve order and
decorum and decide upon all questions of order, subject to an appeal
to the Council. He/she shall appoint all committees, subject to the
concurrence of the Council, the appointment or election of which is
not otherwise provided for by this Chapter. He/she shall have the
right to name any member to perform the duties of President, but such
substitution shall not extend beyond adjournment.
D.
Order
Of Business. At each regular meeting of the City Council, the order
of business shall be as follows:
E.
Special
Meetings — Order Of Business. At special meetings, the order
of business shall be as follows:
F.
The
Mayor may appoint, or the Council may elect such special committee
from time to time as may be required.
G.
The
City Council may adopt such other rules relating to procedure, decorum
of members and debate, as they may from time to time elect.
H.
All
meetings shall be open meetings, except those meetings closed in accordance
with State law and procedures. Closed meetings shall be held in accordance
with the provisions of Chapter 610, RSMo.
[R.O. 1993 § 105.150]
He/she shall keep the Council Chamber in order and provide lights,
fires, fuel and other necessary articles therefor.
