[Ord. No. 216, § 1, 3-22-1955; Ord. No. 710, § 1, 4-17-1962; Code 1965,
§ 4.01]
[Ord. No. 68, §§ 1,
2, 2-27-1951; Code 1965, § 4.02]
Unless removed from office or the office is abolished, all appointive
and elective City officials shall hold office until their successors
are duly appointed or elected, as may be provided by law or ordinance,
and until such successor has duly qualified for office. If any appointive
or elective office is abolished, the term of the official holding
such office on the date fixed by law for abolishment thereof, shall
terminate.
[Ord. No. 68, § 3, 2-27-1951; Code 1965, § 4.03]
If two or more persons receive an equal number of votes for
election to a City office, and a higher number of votes than any other
candidate for election to the same office, the officer with whom such
candidates filed their declarations of candidacy shall, immediately
after the results of the election have been certified, issue a proclamation
stating the fact and ordering a special election to determine which
candidate is elected to the office. The proclamation shall set the
date of the election and shall be sent by the officer to each election
authority responsible for conducting the special election. In his
proclamation, the officer shall specify the name of each candidate
for the office to be voted on at the election, and the special election
shall be conducted and the votes counted as in other elections.
[Ord. No. 108, 8-12-1952; Code 1965, § 4.04]
(a)
Officers of the City elected at any regular or special election may
take the oath of office before any person authorized to administer
oaths at any time after completion of the official count.
(b)
In the event a newly elected official takes the oath of office and
qualifies for the office to which he was elected within 10 days after
completion of the final count of ballots at such election, the officer
or officers whom he succeeded shall not be entitled to salary or compensation
for any period after March 31st preceding the date of the election,
if a regular election, or for any period after the date of the election,
if a special election.
(c)
In the event a newly elected official fails to take the oath of office
and qualify within 10 days after the official count is completed,
the official whom he is to succeed shall be entitled to compensation
until his successor does qualify, and if compensation is based on
a weekly, monthly or other periodic basis, he shall be paid on a pro
rata basis until his successor qualifies.
[Ord. No. 175, §§ 1
— 3, 5, 7, 5-11-1974; Code 1965,
§ 4.05; Ord. No. 1556, 2-11-1975]
(a)
Amount. Each of the following officers of the City shall enter into
an official bond in the respective amount herein designated, in favor
of the City, conditioned upon the faithful performance of his duties
as an officer of the City and that he shall account for all funds
and other property which may come into his possession and custody
as such officer:
|
Finance officer/treasurer:
|
$50,000
|
|
City clerk/collector:
|
$50,000
|
|
All other officers and employees as may be directed by the Board
of Aldermen.
| |
(b)
Date of filing. In the case of elected officials, bond shall be furnished
within 15 days after the official count of the election is returned
to the Board of Aldermen. In the case of the acting president of the
Board of Aldermen, City Clerk/Collector, Director of Public Works
and police officers, their bonds shall be filed within 15 days after
the appointments are made or approved by the Board of Aldermen.
(c)
Payment of premiums. The City shall pay the premium on the bonds
of the City officers.
(d)
Approval. All bonds must be filed with and approved by the Board
of Aldermen, and such bonds shall remain in force during the entire
period that the official in question holds his office.
(e)
Failure to furnish bond. No officer shall enter upon the duties of
his office until he has furnished bond as herein required, and in
the event of the failure of any official to furnish bond his office
shall be forfeited and his successor may be chosen as provided by
law and this Code.
[Ord. No. 2080, § 1, 11-11-1986]
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 election.
[Ord. No. 30, §§ I,
III — XI, 2-14-1950; Code 1965,
§ 4.17]
(a)
Elective officers. 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 witnesses, to be heard
before the Board of Aldermen sitting as a court 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 the members
elected to the Board of Aldermen, independently of the Mayor's approval
or recommendation.
(b)
Notice of hearing. Whether the proceedings for removal are instituted
by the Mayor or the Board of Aldermen, the official sought to be removed
shall be notified in writing, delivered or mailed to him at his last
known address, at least 10 days before the date set for hearing on
the subject of his removal, such notice to specify the charges against
him.
(c)
Counsel; continuances. The elective officer against whom the proceedings
are brought may be represented by counsel and shall be entitled to
one continuance of not more than seven days, and the City or prosecution
shall likewise be entitled to one continuance of not more than seven
days.
(d)
Cause for removal. Cause for removal of office shall consist of gross
negligence of duty, failure to attend meetings without excuse, offense
in office, unbecoming or scandalous conduct or demeanor, misfeasance
of duties in office and such other conduct as may make the person
to be removed unfit to continue to enjoy the honors, emoluments and
dignities of his office.
(e)
Appointive officers. Appointive officers may be removed by the Mayor
at will and without cause with the consent of a majority of all the
members elected to the Board of Aldermen. Appointive officers may
be removed at will and without cause by a two-thirds vote of all the
members elected to the Board of Aldermen independently of the Mayor's
approval or recommendation.
(f)
Suspension during proceedings. Any elective or appointive officer
against whom proceedings are brought hereunder may be suspended from
office pending final determination of the matter by a majority vote
of the Board of Aldermen. If an officer, either elective or appointive,
is removed from office under this chapter, he shall not continue to
hold office during the review of the proceedings in any court, but
shall be automatically suspended from office during the pendency of
the cause in court.
[Ord. No. 647, §§ 1
— 9, 2-21-1961; Code 1965, § 4.06; Ord. No. 1378, §§ 1 — 9, 9-12-1972; Ord. No. 1387, § 1, 9-26-1972; Ord. No. 1583, § 1, 12-9-1975; Ord. No. 1619, § 1, 7-27-1976; Ord. No. 1636, § 1, 11-9-1976; Ord. No. 1685, § 1, 10-11-1977; Ord. No. 3175, § 1, 11-11-1990; Ord. No. 3773, § 1, 3-11-2003; Ord. No. 4035, § 1, 2-28-2007; Ord. No. 4139, § 1, 8-12-2008; Ord. No. 4675, § 1, 7-26-2016; Ord. No. 4783, § 1, 8-22-2017]
(a)
Creation of office. The office of City Administrator is hereby created.
(b)
Appointment. The City Administrator shall be a person appointed at
the recommendation of the Mayor with the consent of a majority vote
of the authorized membership of the Board of Aldermen. The appointment
may be for an indefinite term of office. He shall be at least 21 years
of age, a graduate of an accredited university or college, majoring
in public, business or municipal administration, or shall have the
equivalent qualifications and experience in financial and/or administrative
fields. The City Administrator shall be a resident of the City while
serving as City Administrator unless such requirement is waived at
the request of the Mayor and approved by the Board of Aldermen.
(c)
Oath of office. Before entering upon the duties of this office, the
City Administrator shall take and subscribe to an oath or affirmation
before the City Clerk/Collector or some court of record in the county,
that he possesses all the qualifications prescribed for his office
by law, that he will support the Constitutions of the United States
and the state, the provisions of all laws of the state affecting cities
of this class and the ordinances of the City, and that he will faithfully
demean himself while in office.
(d)
Bond. The City Administrator, before entering upon the duties of
his office, shall file with the City a bond conditioned upon faithful
and honest performance of his duties and the rendering of full and
proper accounts to the City for funds and property that shall come
into his possession or control. The cost of said bond shall be paid
by the City; however, should the City Administrator be covered by
a blanket bond to the same extent, an individual bond shall not be
required.
(e)
Compensation. The City Administrator shall receive as compensation
for the performance of the duties of his office an amount established
by the Mayor, with the approval of a majority of the authorized membership
of the Board of Aldermen, or by a three-fourths vote of the authorized
membership of the Board of Aldermen on its own initiative.
(f)
Removal. The City Administrator may be removed by the recommendation
of the Mayor with the consent of a majority of the authorized membership
of the Board of Aldermen, or by a three-fourths vote of the authorized
membership of the Board of Aldermen on its own initiative, with no
right of appeal.
(g)
Office full-time position. The office of City Administrator shall
be a full-time position, and the City Administrator shall not hold
outside employment for remuneration except with the consent of the
Mayor and Board of Aldermen.
(h)
Ex officio deputy City Clerk/Collector. The City Administrator shall
be ex officio City Clerk/Collector and shall have and perform all
of the powers, rights and duties of the City Clerk/Collector in the
event of his absence, illness or disability and shall act for and
on his behalf, but shall receive no additional compensation therefor.
(i)
Powers; duties. The City Administrator shall be responsible to the
Mayor and the Board of Aldermen for the administration of all City
affairs placed in the City Administrator's charge by or under the
Charter of the City of Crestwood, and shall have the powers and duties
set forth in Section 5.2 of said Charter, and such powers and duties
that are provided for herein, by other ordinance, or directed by the
Board of Aldermen, consistent with Charter Section 5.2(j). At all
times the actions of the City Administrator shall be subject to the
general supervision of the Mayor, and the City Administrator shall
account to the Mayor and Board of Aldermen for any actions taken,
when requested to do so. He may head one or more departments and shall
be responsible to the Mayor and Board of Aldermen for proper administration
and management of the government business, officers and employees
of the City. To that end, he shall have the power and shall be required
to:
(1)
Qualify and recommend to the Mayor for appointment, with the consent
and approval of the majority of the members of the Board of Aldermen,
the following department heads: Police Chief, Fire Chief, Director
of Public Works and Director of Parks and Recreation, who shall hold
office until their successors are recommended, qualified and appointed.
He shall have the authority to dismiss, suspend and discipline department
heads and set aside any action taken by a department head and may
supersede him in the functions of his office;
(2)
Appoint, dismiss, suspend and discipline all employees subject to restrictions of the legally constituted civil service system of the City under Chapter 18, Personnel Administration;
(3)
Serve as the budget officer and prepare the proposed budget annually in accordance with Charter Sections 5.2(f) and 7.2, and Chapter 2 of the Municipal Code, and submit it to the ways and means committee, together with a message describing important features, the budget to be supported by appropriate schedules and analysis;
(4)
Keep the Mayor and Board of Aldermen advised of the financial condition
and future needs of the City on at least a quarterly basis, and make
such recommendations as he may deem desirable;
(5)
Recommend to the Mayor and Board of Aldermen such rules and regulations
as are necessary or expedient for the conduct of administrative departments
or agencies of the City;
(6)
Coordinate the activities of all departments and administer the rules
and policies of department heads;
(7)
Meet with standing committees and special committees appointed by
the Mayor on matters concerning general and special administrative
problems as may be necessary, who shall consult with and render service
to the City Administrator on such matters;
(8)
Supervise the purchase of all materials, supplies and equipment for which funds are provided in the budget. He shall have the power to purchase materials, supplies, services and equipment without Board approval as provided in the purchasing policies of the City set forth in Chapter 2, Article IV, Division 3 of this Code;
(9)
Supervise the preparation of all bid specifications for services
and equipment and the presentation of bids to the Mayor and Board
of Aldermen;
(10)
Attend all meetings of the Board of Aldermen unless excused
by the Board of Aldermen and have the right to take part in discussions
at any meeting of the Board of Aldermen;
(11)
Assemble operational reports from all departments for presentation
to the Mayor and Board of Aldermen on an as-needed or as-requested
basis; and
(12)
He may attend meetings of all boards and commissions of the
City and render such assistance and information to them as may be
required of him.
(j)
Appointments, hiring, and removals. The hiring, appointment, and
removal of City employees subordinate to the City Administrator is
the purview and responsibility of the City Administrator. Neither
the Mayor or Board of Aldermen nor any of its members shall in any
manner control, demand, request, or dictate the appointment, hiring,
or removal of any City employees whom the City Administrator or any
of the City Administrator's subordinates are empowered to appoint,
but the Mayor or aldermen may express their views and fully and freely
discuss with the City Administrator anything pertaining to appointment
and removal of such employees in the appropriate venue. The Mayor
and the Board of Aldermen, and its members, shall not reprimand or
give orders to any subordinates of the City Administrator, either
publicly or privately (except for the purpose of inquiries and investigations
under Section 3.11 of the Charter, and except as otherwise allowed
by law), but shall refer all matters of concern regarding City personnel
to the City Administrator for disposition.
(k)
Political activity. The City Administrator shall refrain from participation
in the election of the members of the Board of Aldermen and the Mayor.
[Code 1965, § 4.065; Ord. No. 932, § 1, 5-10-1966; Ord. No. 1326, § 1, 4-11-1972; Ord. No. 1505, § 1, 6-11-1974; Ord. No. 4834, § 1, 1-9-2018]
(a)
Office created. The office of City Attorney is hereby created and
shall be filled by a licensed and practicing attorney at law in the
state.
(b)
Appointment. The City Attorney shall be nominated by the Mayor and
appointed with the advice and consent of the majority of the Board
of Aldermen. The City Attorney may be removed on recommendation of
the Mayor with the advice and consent of the majority of the Board
of Aldermen, or by a three-fourths vote of the authorized membership
of the Board of Aldermen on its own initiative, with no right of appeal.
(c)
Duties. The City Attorney shall attend all regular and special meetings
of the Board of Aldermen, shall attend the meetings of other boards
and commissions of the City upon the request of the Mayor or City
Administrator; shall advise the City officials, including the permanent
boards and commissions, on legal questions; draft bills for introduction
into the Board of Aldermen upon request of any two members or of the
Mayor or other official; prepare, examine and approve all deeds, releases,
easements, contracts, bonds and other legal documents relating to
City affairs and shall generally serve as the consultant, legal adviser
and representative of the City and its officials and agencies.
(d)
Court duties. The City Attorney may prosecute all cases in the municipal
division and, on appeal, to the higher courts, or the Board of Aldermen
may designate an attorney to prosecute the violations of the City's
ordinances. The City Attorney shall have responsibility for the handling
of all litigation in the courts of this state and the United States
in which the City has any interest and before all boards, commissions,
offices and bureaus of this state and the United States in which the
City has any interest, unless the Board of Aldermen shall direct otherwise
and appoint special counsel to represent the City in a particular
instance, or unless counsel is appointed to represent the City by
an insurer under a policy of insurance in which the City is insured.
[Code 1965, § 4.066; Ord. No. 1326, § II, 4-11-1972; Ord. No. 1505, § 2, 6-11-1974]
(a)
Office created. The office of Assistant City Attorney is hereby created
and is to be filled by a licensed and practicing attorney at law in
the state.
(b)
Appointment. The Assistant City Attorney shall be appointed by the
Mayor with the advice and approval of the Board of Aldermen to serve
for a term commensurate with that of the Mayor and until his successor
is appointed and qualified.
(c)
Duties. The Assistant City Attorney shall perform any and all of
the duties set out for the City Attorney when authorized by the City
Attorney or if the City Attorney is absent or temporarily unable to
perform any of this duties. The Assistant City Attorney shall have
full power and authority to carry out the duties of the City Attorney
in the absence or temporary disability of the City Attorney to act.
(d)
Other assistants. The City Attorney may, with the approval of the
Mayor and Board of Aldermen, appoint other assistants in addition
to the Assistant City Attorney to aid him in the performance of his
duties, and they shall be compensated in such manner as may be provided
by ordinance of the City.
[Code 1965, § 4.075; Ord. No. 1326, § III, 4-11-1972; Ord. No. 1505, § 3, 6-11-1974]
The City Attorney and Assistant City Attorney shall receive
from the City Clerk/Collector, whose duty it shall be to furnish them
with same, all copies of ordinances, rules and regulations adopted
by the Board of Aldermen or by any board or commission of the City,
and they shall also receive copies of all minutes of the Board of
Aldermen, Planning and Zoning Commission, police and fire boards and
other boards and commissions which keep minutes.
[Ord. No. 706, §§ 1
— 3, 4-17-1962; Ord. No. 707, §§ 1, 3, 4, 4-17-1962; Ord. No. 709, § 1, 4-17-1962; Code 1965, § 4.08; Ord. No. 948, § 1, 6-28-1966; Ord. No. 1396, § 1, 11-14-1972]
(a)
The duties of City collector shall be performed by the City Clerk, who shall be designated City Clerk/Collector and shall be appointed as provided in Subsection 2-53(i)(2) of this Code.
(b)
The City Clerk/Collector shall perform all of the duties required
of him and all of the powers provided by law for clerks and collectors
of fourth-class cities and by ordinances of the City, and shall have
all the powers and perform all of the duties required by law and ordinance
as license collector.
[Ord. No. 514, §§ 3,
5, 6, 8 — 11, 4-28-1959; Code 1965,
§ 4.09]
(a)
Duties. As license collector, the City Clerk/Collector shall collect
all road tax refunds and all license taxes and fees under this Code
pertaining to the licensing and taxing of utilities, motor fuel sales,
intoxicating liquor and non-intoxicating beer sales, merchants and
manufacturers, dogs, automobiles, coin-operated machines, miscellaneous
businesses, occupations and trades and all other subjects. He shall
have such other powers and shall perform such other duties as may
be delegated to him by the Board of Aldermen or by ordinance.
(b)
Disposition of collections. The City Clerk/Collector shall by the
fifteenth day of each month account to and pay over to the City Director
of Finance all collections made by him for the City, and shall account
for all receipts and disbursements made and authorized by ordinance.
His accounting shall include all necessary reports and explanatory
information. A copy of the account and report shall be laid before
the Board of Aldermen at its next regular meeting.
(c)
Tax inspections. The City Clerk/Collector shall have such power and
authority to examine and inspect the books and records of all businesses
and persons subject to license taxes in the City, whether such books
and records are kept in the City or elsewhere, in order to determine
all information necessary for the proper, full and complete assessment
and collection of license taxes and fees, and shall have the power
to subpoena witnesses and require the production of books, papers
and records required for such purposes.
(d)
Permission to inspect taxpayers' books. No person shall refuse to
permit the examination and inspection of books and records, or conceal
any information reasonably required for the proper assessment and
collection of license fees and taxes, or fail to produce books, papers
and records, or fail to appear in response to the City Clerk/Collector's
subpoena as herein authorized.
(e)
Tax collection. The City Clerk/Collector shall render such assistance
as is necessary to any agency collecting real and personal property
taxes for the City to insure that all property subject to taxation
by the City is entered on the tax rolls and that the certified abstract
of the county clerk properly reflects all property within the City
subject to taxation with the correct assessed valuation thereof as
agreed upon by the Board of Equalization.
(f)
Reports. The City Clerk/Collector shall make an annual report on
March 1st of each year to the Board of Aldermen, showing in a general
way the amount of license fees and taxes assessed and collected, and
full details as to delinquent amounts, and shall make such recommendations
as may appear advisable or necessary with respect to the assessment
and collection of license fees and taxes.
[1]
Editor's Note: Former § 2-59, which pertained to
the Director of Finance and was derived from Ord. No. 707, adopted
4-17-1962, as amended, was repealed 2-28-2007 by Ord. No. 4035.
[Ord. No. 42, §§ 1
— 3, 11, 5-23-1950; Ord. No. 867, § 1, 2-9-1965; Code 1965, § 4.10; Ord. No.
1363, § 1, 7-11-1972]
(a)
Established; Director. There is hereby established a Department of
Public Works. The head of the department shall be the Director of
Public Works and if filled by a professional engineer may also be
known as the City engineer.
(b)
Duties. The Director of Public Works shall supervise all public works
of the City and perform such other duties as may be directed by the
City Administrator.
(c)
Appointment. The Director of Public Works shall be appointed as provided in Subsection 2-53(i)(2).
The Director of Public Works may, in his discretion, obtain
engineering review of grading, drainage and sewer plans from an independent
consulting engineering firm, in lieu of review by the St. Louis County
Department of Highways and Traffic, provided that all fees incurred
for such engineering review shall be paid by the permittee or applicant.
[Code 1965, § 9.01; Ord. No. 1243, § 1, 12-22-1970; Ord. No. 1360, § 1, 6-27-1972; Ord. No. 1376, § 1, 9-5-1972; Ord. No. 1686, § 1, 10-25-1977; Ord. No. 3301, § 1, 4-12-1994; Ord. No. 3731, §§ 2,
3, 5-28-2002; Ord. No.
4762, § 1, 6-15-2017]
(a)
Composition. The Public Works Board shall consist of seven citizens
with an interest in public works. Members are appointed by the Mayor
with the approval of a majority of the authorized membership of the
Board of Aldermen. Reasonable efforts shall be made to ensure all
wards are represented, however the qualifications of members shall
be the primary guiding principle in making appointments and no board
shall be deemed improperly constituted or unlawful if all wards of
the City are not represented thereon. All citizen members shall be
appointed to terms of three years in duration, with each term beginning
and ending on July 1. The terms shall be staggered in three groups
with one group consisting of three members and two groups consisting
of two members each. Only one group shall be appointed on July 1 of
each year, and another group shall be appointed on July 1 of every
following year.
(b)
Meetings and quorum. The Public Works Board shall hold regular meetings
at a minimum on a quarterly basis, at a time scheduled by the Public
Works Board. Additional meetings may be scheduled at any time by the
chairperson or three members of the Public Works Board provided that
there is one week's notice provided to the public and all members
of the Public Works Board, including the aldermanic representatives
and the Director of Public Services. A quorum shall consist of four
citizen members. The aldermanic representatives and any ex officio
members do not count towards establishing quorum.
(c)
Attendance. Public Works Board members absent without excuse from
three consecutive meetings, whether regular or special, shall be subject
to replacement by the Mayor and a majority of the authorized membership
of the Board of Aldermen.
(d)
Duties and responsibilities. The Public Works Board shall provide
advice and recommendations to the Mayor, Board of Aldermen and Director
of Public Services on policy matters relating to the overall public
works functions, including matters relating to stormwater situations.
Policy matters shall be defined to include budgeting, capital improvement
programming, planning, public relations, City-wide public works programs
and any other matters that may be assigned by the Mayor and Board
of Aldermen.
(e)
Chairperson. The Mayor shall appoint a chairperson from one of the
citizen members who shall serve as chairperson for the remainder of
that person's term. The chairperson shall be the presiding officer
of all meetings of the Public Works Board and shall have voice and
vote the same as all other Public Works Board members. At the beginning
of each term, the Public Works Board shall organize by electing a
vice-chairperson and a secretary from their number. The vice-chairperson
shall act as chairperson in the chairperson's absence. In the absence
of the chairperson and vice-chairperson, the secretary shall serve
as acting chairperson.
(f)
Aldermanic representatives. The Mayor, with the approval of a majority
of the members of the Board of Aldermen, shall appoint two aldermanic
representatives from the members of the Board of Aldermen to act as
liaison between the Board of Aldermen and the Public Works Board and
provide policy direction. At least one of the aldermanic representatives
shall be present at all scheduled meetings of the Public Works Board.
Participation in all discussions is strongly encouraged, but the representatives
shall not have a vote. The Mayor may act as a substitute or the Mayor
or aldermanic representatives may designate a substitute from the
Board of Aldermen or City administration if an aldermanic representative
is unable to attend a meeting.
(g)
Ex officio members. The Director of Public Services shall be an ex
officio, non-voting member of the Public Works Board, acting in an
advisory capacity and shall attend all meetings of the Public Works
Board. If the Director of Public Services is unable to attend any
such meeting, a representative shall be designated to attend by the
Director of Public Services or City Administrator.
(h)
Clerical staff. The Public Works Board shall be provided with a clerical
staff person by the City administration, who is not a voting member
of the Board. It shall be the duty of this staff to take minutes of
the proceedings of the Board. A set of minutes of the Public Works
Board meetings shall be made public in accordance with applicable
state law.
(i)
Vacancies. Vacancies among non-ex officio members of the Board shall
be filled in the same manner as the original appointment, with the
replacement to serve the unexpired term.
[1]
Editor's Note: Former Section 2-62, Economic Development Commission,
was repealed 5-25-2021 by Ord. No. 5161 because the commission was
disbanded. Former Section derived from Ord. No. 3875, § 1, 11-23-2004; Ord. No. 3916, § 1, 7-12-2005; Ord. No. 4762, § 2, 6-15-2017. This Section has been left reserved
for the City's future use.
[1]
Editor's Note: Former § 2-63, which pertained to
the Public Relations Liaison Officer and was derived from Ord. No.
1335, adopted 5-9-1972, was repealed 1-26-2016 by Ord. No. 4616.
[Ord. No. 165, §§ 1
— 5, 3-16-1954; Ord. No. 688, § 1, 1-9-1962; Ord. No. 689, §§ 1
— 11, 1-9-1962; Code 1965, § 4-31; Ord. No. 1370, § 1, 7-25-1972; Ord. No. 1530, § 1, 10-8-1974; Ord. No. 3259, §§ 1, 2, 5-25-1993; Ord. No. 3851,[1] § 1, 7-13-2004]
(a)
Organization. There is hereby created a local municipal organization
for the preparation and the carrying out of all the emergency functions,
other than the functions for which the military forces are primarily
responsible, to minimize and repair injury and damage resulting from
disasters caused by enemy attack or disasters from fires, floods,
earthquakes or other natural causes in accordance with the Missouri
Civil Defense Act. The Crestwood Office of Civil Preparedness shall
consist of a Director and a representative of each of the operating
departments of the City and the City Clerk and finance officer.
(b)
Director. The Director shall be appointed by the Mayor with the approval
of the Board of Aldermen. The Director may be an employee of the City.
The Director shall have direct responsibility for the organization,
administration, and operation of the City office of civil preparedness,
subject to the direction and control of the Mayor, as provided by
statute. In the event of the absence or inability of the Director
to serve for any reason, then the City Administrator shall act as
Director. If the Director is not concurrently a City employee, compensation
may be set by the Mayor and Board of Aldermen. If the Director is
concurrently a City employee, no compensation in addition to the compensation
being received as a City employee shall be made. All other members
of the office of civil preparedness shall serve without additional
compensation.
(c)
Duties. The Crestwood Office of Civil Preparedness shall perform
such functions within the City as shall be prescribed in and by the
state and local civil defense plans and programs prepared by the governor,
and such orders, rules and regulations as may be promulgated by the
governor, and, in addition, shall perform such duties outside the
corporate limits as may be required pursuant to any mutual aid agreement
with any other political subdivision, municipality or quasi-municipality
entered into as provided by the Missouri Civil Defense Act or the
state survival plan.
The Crestwood Office of Civil Preparedness shall promulgate
rules and regulations to facilitate its obligation of the civil defense
function with the City which are consistent with the Missouri Civil
Defense Act or the state disaster plan and program.
The Director of the Crestwood Office of Civil Preparedness shall
be responsible for the coordination, operation and implementation
of an emergency operating plan. The plan shall be periodically updated
with the approval of the affected governmental department and approved
by the Mayor.
(d)
Mutual aid agreements. The Mayor, with the approval of the governor,
may enter into mutual aid arrangements or agreements with other public
and private agencies within and without the state for reciprocal emergency
aid. Such arrangements or agreements shall be consistent with the
state disaster plan and program. In time of emergency, it shall be
the duty of the Crestwood Office of Civil Preparedness to render assistance
in accordance with such mutual aid arrangements or agreements. The
Director, with the approval of the Mayor, may assist in the negotiations
of reciprocal mutual aid agreements between this organization and
other public and private agencies and between the governor and the
adjoining states or political subdivisions thereof and shall carry
out arrangements or agreements relating to the City.
(e)
Use of City facilities. In carrying out the emergency powers under
the provisions of this section, the executive officers or governing
bodies of the City are directed to utilize the services, equipment,
supplies and facilities of existing departments, offices and agencies
of the City to the maximum extent practical, and the officers and
personnel of all such departments, offices and agencies are directed
to cooperate with and extend such services and facilities to the governor
and to the state emergency management agency upon request.
There is hereby established an emergency operation center located
in the lower level of the Crestwood Government Center, 1 Detjen Drive,
Crestwood, Missouri, to be used for conducting emergency operations
for the City during a disaster as declared by the Mayor. The emergency
operating center shall be staffed by the Director and members of the
office of civil preparedness as well as any additional persons required
to fulfill the operation of said center. The emergency operation center
shall be maintained consistent with the directives of the state and
regional emergency management agency. A standard operational procedure
defining the mode and method of the emergency operation center shall
be contained in the City emergency operation plan.
(f)
Federal or state aid. Whenever the federal government or state government,
or officer or agency thereof, shall offer to the City, through the
state, services, equipment, supplies, materials or funds by way of
gift, grant or loan for the purpose of civil defense, the City, acting
through its Mayor, with the consent of the governor, may accept such
offer and, upon acceptance, the Mayor may authorize any officer of
the City to receive such services, equipment, supplies, materials
or funds on behalf of the City subject to the terms of the offer.
(g)
Emergency action. In the event of an emergency, as defined in the
Missouri Civil Defense Act, the Director of Civil Preparedness is
authorized on behalf of the City to procure services, supplies, equipment
or material as may be necessary for such purposes, in view of the
exigencies, without regard to the statutory procedures or formalities
normally prescribed by law pertaining to municipal contract obligations,
as authorized by the Missouri Civil Defense Act; however, if the Board
of Aldermen meets at such time, the Director shall act subject to
the directions and restrictions imposed by that body.
(h)
Enemy attack/natural disaster. In the event of enemy attack or natural
disaster as declared by the Mayor, time consuming procedures and formalities
otherwise required by statute pertaining to the advertisement for
bids for the performance of public work or entering into contacts
shall be waived.
(i)
Expenditure of funds. The expenditure of funds appropriated (or otherwise
granted) to the Crestwood Office of Civil Preparedness shall be under
the control of the Mayor and Board of Aldermen and administered by
the City Administrator.
(j)
Oath. Every person appointed to serve in any capacity in the Crestwood
Office of Civil Preparedness shall, before entering upon his duties,
subscribe to the following oath, which shall be filed with the Director:
"I,__________, do solemnly swear (or affirm) that I will support and
defend the constitution of the United States and the constitution
of the State of Missouri, against all enemies, foreign and domestic;
that I will bear true faith and allegiance to the same; that I take
this obligation freely, without any mental reservation or purpose
of evasion; that I will well and faithfully discharge the duties upon
which I am about to enter; and I do further swear (or affirm) that
I do not advocate, nor am I a member of any political party or organization
that advocates, the overthrow of the government of the United States
or of this state by force or violence; and that during such a time
as I am a member of the Crestwood Office of Civil Preparedness, I
will not advocate nor become a member of any political party or organization
that advocates the overthrow of the government of the United States
or of this state by force or violence.
[Ord. No. 3241, § 1, 12-8-1992; Ord. No. 3851, § 1, 7-13-2004]
Under the authority set forth in RSMo. 70.837, the City police,
fire and public works departments are hereby authorized to respond
and provide assistance as requested in any mutual aid or emergency
aid request by a public safety agency in the State of Missouri or
any bordering state having reciprocal legislation.
[Ord. No. 3197, § 1, 8-27-1991; Ord. No. 3280, § 1, 8-24-1993; Ord. No. 3315, § 1, 8-23-1994; Ord. No. 3368, § 1, 8-17-1995; Ord. No. 3471, § 1, 8-26-1997; Ord. No. 3575, § 1, 7-27-1999; Ord. No. 3679, § 1, 8-28-2001; Ord. No. 3793, § 1, 8-26-2003; Ord. No. 3834, § 3(Exh. A), 5-25-2004; Ord. No. 3925, § 1, 8-23-2005; Ord. No. 4080, § 1, 9-11-2007; Ord. No. 4197, § 1, 8-25-2009; Ord. No. 4311, § 1, 8-9-2011; Ord. No. 4429, § 1, 8-13-2013; Ord. No. 4572, § 1, 8-11-2015; Ord. No. 4773, § 1, 8-8-2017; Ord. No. 4976, 7-23-2019; Ord. No.
5168, 7-27-2021; Ord. No. 5371, 7-25-2023]
(a)
The proper operation of municipal government requires that public
officials and employees be independent, impartial and responsible
to the people; that government decisions and policy be made in the
proper channels of the governmental structure; that public office
is not used for personal gain; and that the public has confidence
in the integrity of its government. In recognition of these goals,
there is hereby established a procedure for disclosure by certain
officials and employees of private financial or other interest in
matters affecting the City.
(1)
Conflicts of interest. All elected and appointed officials, as well
as employees of the City of Crestwood must comply with RSMo. 105.454
and City Charter regarding conflicts of interest, as well as any other
state law governing official conduct. The Mayor or any member of the
Board of Aldermen who has a substantial personal or private interest
as defined by state law and set out below in any bill shall disclose
on the records of the Board of Aldermen the nature of his or her interest
and shall disqualify himself or herself from voting on any matters
related to this interest.
(2)
Substantial or private interest. The Mayor, any member of the Board
of Aldermen, as well as any appointed officials and employees shall
be considered to have a substantial or private interest in any measure,
bill or other ordinance proposed or pending before the City if that
interest is an ownership by the individual, his or her spouse, or
his or her dependent children, whether singularly or collectively,
directly or indirectly of: (a) 10% or more of any business entity;
or (b) an interest having a value of $10,000 or more; or (c) the receipt
of a salary, gratuity, or other compensation or remuneration of $5,000
or more per year from any individual, partnership, organization, or
association within any calendar year.
(3)
Disclosure reports. Each elected official, the City Administrator
(as the chief administrative officer), and the Director of Finance
(as the chief purchasing officer) shall disclose the following information
by May 1 if any such transactions were engaged in during the previous
calendar year:
a.
For such person and all persons within the first degree of consanguinity
or affinity of such person, the date and the identities of the parties
to each transaction with a total value in excess of $500, if any,
that such person had with the political subdivision, other than compensation
received as an employee or payment of any tax, fee or penalty due
to the political subdivision, and other than transfers for no consideration
to the political subdivision; and
b.
The date and the identities of the parties to each transaction known
to the person with a total value in excess of $500, if any, that any
business entity in which such person had a substantial interest, had
with the political subdivision, other than payment of any tax, fee
or penalty due to the political subdivision or transactions involving
payment for providing utility service to the political subdivision,
and other than transfers for no consideration to the political subdivision.
(4)
The City Administrator as the chief administrative officer and the
Director of Finance as the chief purchasing officer also shall disclose
by May 1 for the previous calendar year the following information:
a.
The name and address of each of the employers of such person from
whom income of $1,000 or more was received during the year covered
by the statement;
b.
The name and address of each sole proprietorship that he or she owned;
the name, address and the general nature of the business conducted
of each general partnership and joint venture in which he or she was
a partner or participant; the name and address of each partner or
co-participant for each partnership or joint venture unless such names
and addresses are filed by the partnership or joint venture with the
Secretary of State; the name, address and general nature of the business
conducted of any closely held corporation or limited partnership or
limited liability corporation in which the person owned 10% or more
of any class of the outstanding stock or limited partnership or member
units; and the name of any publicly traded corporation or limited
partnership that is listed on a regulated stock exchange or automated
quotation system in which the person owned 2% or more of any class
of outstanding stock, limited partnership units or other equity interests;
c.
The name and address of each corporation for which such person served
in the capacity of a director, officer or receiver.
(5)
Filing of reports. The reports shall be filed with the City Clerk
and the Missouri Ethics Commission. The reports shall be available
for public inspection and copying during normal business hours.
(6)
When filed. The financial interest statements shall be filed at the
following times, but no person is required to file more than one financial
interest statement in any calendar year:
a.
Each person appointed to office shall file the statement within 30
days of such appointment or employment;
b.
Every other person required to file a financial interest statement
shall file the statement annually not later than May 1 and the statement
shall cover the calendar year ending the immediately preceding December
31; provided that any member of the Board of Aldermen may supplement
the financial interest statement to report additional interests acquired
after December 31 of the covered year until the date of filing of
the financial interest statement.
(7)
Filing of ordinance. The City Clerk shall send a certified copy of
the ordinance and any amendments to the Missouri Ethics Commission
within 10 days of its adoption.
