The elective officers of the City and their terms shall be those set out in Section 115.020 of this Code.
[R.O. 1994 § 105.040; Ord. No. 7 § 6, 8-26-1966; Ord. No. 2008-06, 1-22-2008; Ord. No. 2008-17, 4-22-2008]
The Mayor, with the advice and consent of the Board of Aldermen, shall appoint: Treasurer, City Attorney, City Prosecutor (if not the City Attorney), Judge of the City's Municipal Court, Chief of Police, Transportation Superintendent, Collector, Utilities Superintendent, Court Clerk and other such officers as are provided by ordinance for him/her to appoint. Such appointments shall be made at the second regular meeting of the Board of Aldermen after the general City election at which the Mayor is elected. The Presiding Officer/Mayor shall notify the Board of Aldermen of his/her intent to make such appointment(s) no less than seven (7) days prior to the meeting at which the appointment(s) will be sought, as well as the name(s), address(es) and other relevant information regarding such appointee(s). Said appointee(s) shall hold their several offices until the appointment and qualification of their respective successors.
A. 
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 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 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.
B. 
Nothing in this Section shall be construed to authorize the Mayor, with the consent of the majority of all the members elected to the Board of Aldermen, or the Board of Aldermen by a two-thirds vote of all its members, to remove or discharge any chief, as that term is defined in Section 106.273, RSMo.
C. 
If a member of a committee, commission or board, excluding those elected officials referenced in Subsections (A) or (B) above, shall fail to attend three (3) consecutive meetings of which the member has been duly notified, such absences shall be deemed to be the member's resignation, unless the member has notified the Chairman of such committee or the Mayor of the intended absence and such absence has been duly deemed to be excusable by the Chairman or Mayor. If vacancies occur from this manner, the vacancy shall be filled in the manner prescribed by the Municipal Code of the City of Lake Ozark for such committees, commissions and boards as may be applicable.
[R.O. 1994 § 105.010(C); Ord. No. 7 § 1, 8-26-1966; Ord. No. 2008-29, 7-22-2008]
[R.O. 1994 § 105.011; Ord. No. 2010-09, 3-9-2010]
A. 
An elected officer of the City may be impeached or removed from office "for cause shown". "For cause shown" means a legally sufficient ground or reason that relates to and affects the administration of the officer's office and that is something of a substantial nature that directly affects the rights and interests of the public. The cause must be one touching upon the performance of an officer's duties showing that he or she is not fit to hold the office. Such cause for removal or impeachment may include any ground or reason deemed sufficient as a matter of law in this State and may include any one (1) of the following:
1. 
Willful violation of any of the officer's official duties or the willful violation of City ordinances or State Statutes;
2. 
Culpable official negligence or dereliction of official duties;
3. 
Any conduct inconsistent with the officer's official character and duties;
4. 
Official incompetency or misconduct, oppression or corruption in office, or moral turpitude; and
5. 
Intoxication while in the performance of any official act or duty, or intoxication so as to render the officer incapacitated to perform any official act or duty at the time or in the manner required by law.
[R.O. 1994 § 105.012; Ord. No. 2010-09, 3-9-2010]
A. 
Preparation Of Charges, Notice. The Mayor or any member of the Board of Aldermen may prefer charges for removal or impeachment against any elected officer by filing with the City Clerk a written statement of the charges, which describes with reasonable precision and detail the facts constituting sufficient cause for removal or impeachment, together with a notice of filing of charges directed to the accused officer. Immediately upon receipt of the charges and the notice of filing, the City Clerk shall cause said notice of filing, together with a copy of the charges, to be personally served on the accused officer.
B. 
Service Of Notice. The notice of filing, together with a copy of the charges, shall be personally served on the accused officer by any Law Enforcement Officer of the City. Upon personally serving the notice and copy of the charges on the accused officer, the Law Enforcement Officer serving said notice and charges shall prepare and file with the City Clerk a return of service that sets forth the identity of the person or persons served as well as the location and time of said service. If for any reason the accused officer cannot be personally served with the notice and copy of the charges within three (3) days after the date said charges and notice were filed with the City Clerk, the City Clerk shall thereafter promptly mail the notice of filing, together with a copy of the charges, to the accused officer at his or her last known address. The City Clerk shall make and keep a permanent record of the service (return of service) in this manner setting forth the identity of the person or persons to who such notice and copy of charges were mailed and of the addresses to which the notice and charges were sent and of the time when mailed.
C. 
Return Of Service. The notice of filing and the charges, together with the return of service, shall be placed before the Mayor and the Board of Aldermen for consideration at the Board's next regular or special meeting.
D. 
Resolution Of Impeachment And Hearing Date Of Impeachment Hearing. Upon consideration of the charges at the Board of Aldermen's next regular or special meeting, the Board of Aldermen — if the Mayor be the accused — shall move, by majority vote of all the elected members of the Board of Aldermen, to make a resolution for removal or impeachment and shall set a date and time for a removal or impeachment hearing to be heard by the Board of Aldermen setting as a court of impeachment. If an Alderman be the accused, a majority of the members of the Board of Aldermen who have not been named in the pending charges of removal or impeachment, along with the Mayor, shall move to make a resolution for removal or impeachment and shall set a date and time for said removal or impeachment hearing. The date and time of the removal or impeachment hearing shall be at least ten (10) days from the date of the resolution of impeachment is approved as set forth herein, except in cases where the public morals, health, safety or interests of the public make a shorter time reasonable under the circumstances for said hearing.
[R.O. 1994 § 105.013; Ord. No. 2010-09, 3-9-2010]
A. 
Issuance And Service Of Subpoenas And Subpoenas Duces Tecum. The Mayor, or if he or she be the accused, then the Mayor Pro Tem of the Board of Aldermen, shall — upon request of the City Attorney, the special City Attorney, the accused or the attorney of the accused — issue subpoenas for the attendance of witnesses who may be called to testify at the removal or impeachment hearing or at deposition, and in the proper case, shall issue subpoenas duces tecum for the production of papers related to any subject matter under consideration at the removal or impeachment hearing. Subpoenas shall be served and returned as in civil actions filed in Circuit Courts of this State and witnesses shall be entitled to the same fees and same tender of fees for travel and attendance for witnesses in civil actions filed in the Circuit Courts of this State.
B. 
Enforcement Of Subpoenas. The Board of Aldermen, or the party at whose request a subpoena is issued, shall enforce subpoenas in accordance with Section 536.077, RSMo., by applying to a judge of the Circuit Court of the County of the hearing or of any County where the witness resides or may be found for an order to show cause, which shall be directed to any witness who fails to obey a subpoena, why such subpoena should not be enforced. A copy of the order to show cause and a copy of the application therefor shall be served upon the witness in the same manner as a summons in a civil action. If the Circuit Court shall, after hearing, determine that the subpoena should be sustained and enforced, said court shall proceed to enforce said subpoena in the same manner as though said subpoena had been issued in a civil case in the Circuit Courts of this State.
C. 
Conduct Of The Hearing. The City Attorney or, in the case he or she be the accused or deemed biased, some special City Attorney selected by the Board of Aldermen shall conduct the prosecution of the charges against the accused officer and the accused officer shall be entitled to be represented by an attorney that he or she may employ to conduct his or her defense to the charges.
D. 
Aldermen To Hear Evidence. At the time set for the removal or impeachment hearing provided for herein, and if due notice has been given to the accused officer, the Board of Aldermen, setting as a court of impeachment, shall hear the evidence against and in favor of the accused and may adjourn from time to time, if necessary, until all the evidence is heard.
E. 
Evidence At The Hearing. All oral evidence shall be taken only on oath or affirmation. Each party shall have the right to call and examine witnesses, to introduce exhibits, to cross-examine opposing witnesses on any matter relevant to the issues even though the matter was not the subject of direct examination, to impeach any witness regardless of which party first called the witness to testify and to rebut evidence against him or her.
1. 
A party who does not testify in his or her own behalf may be called and examined as if under cross-examination.
2. 
Records and documents of the City which are to be considered at the removal or impeachment hearing shall be offered in evidence so as to become part of the record, the same as any other evidence.
3. 
Evidence to which an objection is sustained shall, at the request of the party seeking to introduce the same, nevertheless be preserved in the record, together with any cross-examination with respect thereto and any rebuttal thereof, unless such evidence is wholly irrelevant, repetitious, privileged or unduly long.
4. 
Any evidence received without objection that has probative value shall be considered by the Board of Aldermen. The rules of privilege shall be effective to the same extent that they are now or may hereafter be in civil actions filed in Circuit Courts of this State. Irrelevant and unduly repetitious evidence shall be excluded.
F. 
Right Of The Accused Officer To Be Heard. At any hearing under Sections 115.030(C) to 115.037 of the Municipal Code, the accused officer, his witnesses and his counsel shall be entitled to be heard in defense of the charges.
G. 
Burden Of Proof. The burden of proof is on the City Attorney or the special City Attorney to cause the Board of Aldermen, setting as a Board of Impeachment, to believe by clear and convincing evidence that the accused officer committed the charges of impeachment that have been filed against him or her.
[R.O. 1994 § 105.014; Ord. No. 2010-09, 3-9-2010]
Deposition of witnesses may be taken and used in the same manner, upon and under the same conditions and upon the same notice as is provided for taking and using depositions in civil actions in the Circuit Courts of this State.
[R.O. 1994 § 105.015; Ord. No. 2010-09, 3-9-2010]
As soon as all of the evidence at the removal or impeachment hearing has been heard, the case shall be submitted to the Board of Aldermen for vote upon the charges and specifications separately. The question upon each charge shall be "Is the accused guilty?" If the accused is found guilty, in accordance with the provisions of Section 115.030(C) of the Municipal Code, of one (1) of the charges that has been preferred against him or her, the Board of Aldermen may by resolution remove him or her from office and the office shall thereupon be vacant.
[R.O. 1994 § 105.016; Ord. No. 2010-09, 3-9-2010]
The proceedings of the Board of Aldermen acting under Sections 115.030(C) to 115.037 of the Municipal Code shall be recorded by a certified court reporter selected by the Board of Aldermen. Said certified court reporter shall be a duly authorized Notary Public in this State and he or she shall be responsible for administering oaths to all witnesses called at the removal or impeachment hearing, taking down and recording all witness testimony heard at the hearing, labeling documentary evidence presented at the hearing and, if requested, providing transcripts to the Board of Aldermen and the accused.
[R.O. 1994 § 105.017; Ord. No. 2010-09, 3-9-2010]
With respect to any removal or impeachment hearing under Sections 115.030(C) to 115.037 of the Municipal Code, the Board of Aldermen shall retain a duly licensed attorney in the State of Missouri to act as hearing officer who shall preside over the hearing and who shall make rulings on whether certain testimony and exhibits should be admitted into evidence at the hearing.
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.
[Ord. No. 2021-54, 10-26-2021]
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. The successor shall serve until the next regular municipal election. If a vacancy occurs in an 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 or filled temporarily by an interim appointment by the Mayor with the consent and approval of the Board of Aldermen. However, if the vacancy is in the office of the City Administrator, and the City has employed an Assistant City Administrator/Community Economic Development Director, that employee shall serve as the interim City Administrator until such time as a new City Administrator has been appointed and approved by the Board of Aldermen pursuant to Section 115.190 of the City's Code.
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.