No person shall be Councilman unless he/she is at least twenty-one (21) years of age prior to taking office, a citizen of the United States, and an inhabitant of the City for one (1) year next preceding his/her election, and a resident of the ward from which he/she is elected six (6) months next preceding his/her election. Whenever there is a tie in the election of a Councilman, the matter shall be determined by the Council. No person shall be elected who shall at the time be in arrears for any unpaid City taxes, or forfeiture or defalcation in office.
No person shall be Mayor unless he/she be at least thirty (30) years of age, a citizen of the United States and a resident of such City at the time of and for two (2) years next preceding his/her election. When two (2) or more persons shall have an equal number of votes for the office of Mayor, the matter shall be determined by the Council. No person shall be elected who shall at the time be in arrears for any unpaid City taxes, or forfeiture or defalcation in office.
At the first regular meeting of the City Council after the election in each year; which meeting shall occur at the time fixed by ordinance, but shall not be later than the fourth Tuesday in April; the Council shall elect one (1) of its members President Pro Tem, who shall hold his/her office for the term of one (1) year, and who, in the absence of the Mayor, shall preside at the meetings of the Council; provided, that in the absence of the Mayor and President Pro Tem the Council may select one (1) of its members present to preside at such meetings, who shall be styled "Acting President Pro Tem."
The Mayor and Council shall have the care, management and control of the City and its finances, and shall have power to enact and ordain any and all ordinances not repugnant to the constitution and laws of this state, and such as they shall deem expedient for the good government of the City, the preservation of peace and good order, the benefit of trade and commerce, and the health of the inhabitants thereof, and such other ordinances, rules and regulations as may be deemed necessary to carry such powers into effect, and to alter, modify or repeal the same.
The Mayor shall be President of the Council and shall preside over same, but shall not vote except in case of a tie in said Council, when he/she shall cast the deciding vote; but provided, however, that he/she shall have no such power to vote in cases when he/she is an interested party. He/she shall have the superintending control of all the officers and affairs of the City, and shall take care that the ordinances of the City and the state laws relating to such City are complied with.
When any vacancy shall happen in the office of Mayor, by death, resignation, removal from the City, removal from office, refusal to qualify or otherwise, nominations of a successor may be made by any member of the Council and selected with the consent of a majority of the members of the Council. The Council may adopt procedures to fill any such vacancy consistent with this Section. In the case of a temporary absence of the Mayor or disability to perform the duties of his or her office, the President Pro Tem of the Council shall perform the duties of Mayor until the Mayor shall return or such disability be removed; and during the time the President Pro Tem of the Council shall act as Mayor, the President Pro Tem shall receive the same compensation that the Mayor would be entitled to.
The style of the ordinances of the City shall be: "Be it ordained by the Council of the City of Malden, 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.
Every bill presented to the Mayor and returned to the Council with the approval of the Mayor shall become an ordinance, and every bill presented as aforesaid, but returned with his/her objections thereto, shall stand reconsidered. The Council shall cause the objections of the mayor to be entered at large upon the journal, and proceed at its convenience to consider the question pending, which shall be in this form: "Shall the bill pass, the objections of the Mayor thereto notwithstanding?" The votes on this question shall be taken by "yeas" and "nays" and the names entered upon the journal, and if two-thirds (2/3) of all the members-elect shall vote in the affirmative, the President shall certify the fact on the roll, and the bill thus certified shall be deposited with the proper officer, and shall become an ordinance in the same manner and with like effect as if it had received the approval of the Mayor. The Mayor shall have power to sign or veto any ordinance passed by the City Council, and shall also possess the power to approve all or any portion of the general appropriation bill, or to veto any item or all of the same; provided, that should he/she neglect or refuse to sign any ordinance and return the same with his/her objections, in writing, at the next regular meeting of the Council, the same shall become a law without his/her signature.
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.
The Council shall publish a full and detailed statement of the receipts and expenditures and indebtedness of the City at the end of each fiscal year and six (6) months after the end of each fiscal year in a newspaper of general circulation in the City. Each such statement shall be for the six (6) month period preceding the date of the statement.
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 such 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.
The Mayor shall, from time to time, communicate to the Council such measures as may, in his/her opinion, tend to the improvement of the finances, the Police, health, security, ornament, comfort and general prosperity of the City.
The Mayor shall sign the commissions and appointments of all City officers elected or appointed in the City, and shall approve all official bonds.
The Mayor shall be active and vigilant in enforcing all laws and ordinances for the Government of the City, and he/she shall cause all subordinate officers to be dealt with promptly for any neglect or violation of duty. Whenever the Police Force of this City shall be insufficient for the suppression of any mob, insurrection, affray or other disturbance of the peace, the Mayor is hereby authorized to call on every male inhabitant of the City, over eighteen (18) years of age and under fifty (50), to aid in enforcing the laws.
The Mayor shall have power to remit fines and forfeitures and to grant reprieves and pardons for offenses arising under ordinances of the City; but this Section shall not be so construed as to authorize the Mayor to remit any costs which may have accrued to any officer of the City by reason of any prosecution under the laws or ordinances of said City.
[R.O. 1993 § 110.050; R.O. 1932 § 49; CC 1969 § 2-25]
Except as may be provided otherwise by this Code or other ordinance, the Mayor shall exercise general supervision and control over all departments, offices and agencies of the City Government and the property and personnel thereof, and the affairs of the City generally; and he shall take care that the provisions of this Code and other ordinances of the City and the laws of the State governing such matters are promptly and strictly complied with. City-owned or -operated utilities, City cemeteries and City parks, inter alia, are within the purview of this Section.
State Law Reference: As to mayor having superintending control over city officers and affairs, see RSMo. § 77.250.
[R.O. 1993 § 105.090; CC 1969 § 26-12.2; Ord. No. 2353 §§ 1, 2, 1-27-1986]
On the first regular City Council meeting in May of each year the City Clerk shall furnish to the City Council all contracts entered into between the City and any person, firm or corporation which contracts shall be reviewed by the City Council.
Any such contract which, by the provisions in said contract, will be extended for another term at the option of either party, shall be carefully considered by the Council and a vote taken thereon by the Council to determine if such contract shall be terminated or extended by the City.
[R.O. 1993 § 105.160; R.O. 1932 § 68; CC 1969 § 2-15]
It shall be the duty of the City Council to pass upon all accounts against the City, and allow or reject them as the Council may deem legal and proper. It shall be the duty of the City Council, before passing any ordinance that contemplates the payment of money and before ordering any such ordinance to be drawn, to ascertain from the Treasurer if there be any unexpended balance to satisfy the provisions of such ordinance or with which to pay such warrant.
State Law Reference: As to requirements of annual budget and regulations governing budgets and expenditures generally, see RSMo. § 67.010 et seq.
[R.O. 1993 § 105.170; R.O. 1932 §§ 129, 131; CC 1969 § 2-16]
Every bill proposing to appropriate money shall clearly and distinctly specify the object, purpose or services to be rendered for which the appropriation is required.
No ordinance shall be passed appropriating money unless there be an unexpended balance in the Treasury for the payment thereof, and a sufficient sum in the proper fund, unappropriated, to meet such ordinance.
[R.O. 1993 § 105.180; R.O. 1932 § 77; CC 1969 § 2-17]
No member of the City Council shall be permitted to vote for or against any ordinance appropriating money, or for the allowance of any account or claim, or for the award or approval of any contract in which such member is directly or indirectly interested; and any ordinance, resolution or motion having passed by the vote of such interested member shall be deemed illegal and of no effect.
State Law References: Disclosure of interest in bill, see RSMo. § 105.461; as to corrupt allowance by councilman of any claim against city, see RSMo. § 77.460.
[R.O. 1993 § 105.190; R.O. 1932 § 73; CC 1969 § 2-18]
The City Council has no power to relieve any person from the payment of any tax, or to exempt any person from any assessment or other burden imposed upon him by law.
State Law Reference: For similar provisions, see RSMo. § 94.050.
[R.O. 1993 § 105.200; R.O. 1932 § 69; CC 1969 § 2-19]
It shall be the duty of the City Council to require all Officers of the City who shall officially have the handling of any of the money of the City to settle their accounts annually and at the expiration of their respective terms of office, and whenever they are required so to do by any ordinances of this City.
[R.O. 1993 § 105.210; R.O. 1932 § 79; CC 1969 § 2-20]
Resignation of councilmen shall be in writing and addressed to the Mayor and City Council.
[R.O. 1993 § 105.070; R.O. 1932 § 83; CC 1969 § 2-7]
The City Council may by resolution provide for standing committees of the City Council. Each standing committee shall have such name and number of members as provided by the resolution by which it is created. At the second meeting of the City Council held after the City election each year the Mayor, with the concurrence of the City Council, shall appoint the Chairmen and members of all standing committees.
In addition to the foregoing standing committees, the City Council may by resolution or order provide for the appointment of such special committees as it may from time to time find necessary for the transaction of its business.
Standing and special committees shall have such jurisdiction and perform such duties as may be provided for them by resolutions or orders of the City Council.
[R.O. 1993 § 105.220; Ord. No. 2681 §§ 1 — 4, 4-12-1999; Ord. No. 2840, 11-14-2005]
That the existing committees, which consist of sixteen (16) separate Council committees known as the "Airport Board," "Annexation," "Board of Public Works," "Building," "Code Enforcement," "Community Center Board," "Finance and Insurance," "Fire," "Franchise," "Malden Properties," "Park Board," "Police," "Purchasing," "Redistricting," "Safety Committee," and "Department of Economic Development" are all hereby abolished.
That effective immediately with the passage and adoption of this Section, four (4) new committees are established in their place and those committees shall consist of the following:
"Public Safety Committee," which will have the responsibility over the Fire and Police Departments as well as any other issues relating to the general welfare and safety of the citizens of Malden, Missouri. This committee shall consist of three (3) members appointed by the Mayor in his sole discretion. There shall be no requirement that the appointments be approved by the Council. The mayor shall have the authority to remove any council member from the committee with the approval of the Council.
"Building Committee," which shall be responsible for the supervision, operation and maintenance of all municipal-owned structures as well as the establishment, review and updating of municipal building codes and maintenance issues with regard to privately owned structures within the City of Malden, Missouri. This committee shall consist of three (3) members appointed by the Mayor in his sole discretion. There shall be no requirement that the appointments be approved by the Council. The mayor shall have the authority to remove any Council member from the committee with the approval of the Council.
"Finance And Budget Committee" which shall be responsible for the municipal budget of the City of Malden Missouri as well as all purchasing decisions made by the Municipality. This committee shall review and make all recommendations on all budget matters of both revenue and expenditure. This committee shall consist of three (3) members appointed by the Mayor in his sole discretion. There shall be no requirement that the appointments be approved by the Council. The mayor shall have the authority to remove any council member from the committee with the approval of the Council.
"Annexation, Zoning And Redistricting" This committee shall consist of three (3) members appointed by the Mayor in his sole discretion. There shall be no requirement that the appointments be approved by the Council. The Mayor shall have the authority to remove any Council member from the Committee with the approval of the Council.
In addition to the foregoing four (4) committees, the Mayor, in his sole discretion, and without the requirement of approval by Council, shall appoint one (1) current member of the City Council to serve as liaison to the following municipal boards, to wit:
At the first regular Council meeting in May of 2006 and in May of each year thereafter, the Mayor shall make appointments to these committees and such appointments shall act and be in place for a period of one (1) year unless the individual so appointed resigns or for any reason is no longer a member of the City Council for the City of Malden, Missouri and at which time, the Mayor shall make a replacement thereon within thirty (30) days after such resignation or removal. The Mayor shall have authority to remove any Council member from the committee at his sole discretion. The appointment shall generally continue for a period of one (1) year or until the successor has been duly appointed to the committee. These same rules of appointment, resignation, removal, replacement as well as term of office shall apply to the Council members appointed as liaisons to the five (5) boards described above.
[R.O. 1993 § 110.100; CC 1969 § 2-30]
In the event of actual or imminent probability of rioting, unlawful assembly, arson, looting or other acts of violence or unlawful conduct on a scale which is beyond the means of the City to suppress or control, it shall be the duty of the Mayor to communicate with the Governor of the state, promptly and by the most expeditious means, to inform him fully of the situation and to request that such police or military forces of the state as may be necessary to cope therewith be sent to the City immediately.
If at any time the conditions existing within the City are such that lawful writs and process cannot be enforced by civil authorities, the civil courts are unable to function and widespread lawlessness prevails, the Mayor shall inform the Governor of such conditions and request him to proclaim that a state of martial law exists within the City and the police jurisdiction thereof.
[R.O. 1993 § 105.080; R.O. 1932 § 65; CC 1969 § 2-8; Ord. No. 2623, 4-28-1997; Ord. No. 2682 § 1 — 2, 4-12-1999; Ord. No. 2862, 10-9-2006; Ord. No. 3092, 7-21-2014]
There shall be one (1) Council meeting which occur on the third Monday of each month. If the third Monday of a month shall fall on a holiday, the meeting will be held the following business day. Any regular meeting may be adjourned to be re-convened by a vote of a majority of a quorum of the Council.
[R.O. 1993 § 105.100; R.O. 1932 § 66; CC 1969 § 2-9]
The Mayor or any four (4) members of the City Council may call a special meeting of the City Council at any time by causing the Chief of Police to serve notice upon the Councilmen as set out in Sections 100.160 and 100.170 of this Code. The members of the Council shall also request that the City Clerk prepare a notice of such special meeting in conformance with Chapter 610, RSMo., and Chapter 120, Open Meeting and Records Policy, of this Code.
[R.O. 1993 § 105.110; R.O. 1932 § 67; CC 1969 § 2-10]
The City Council, at special meetings, may transact any business that it might transact at any regular meeting; provided that such business is stated in the notice calling the meeting.
[R.O. 1993 § 105.085; Ord. No. 2774 §§ 1 — 3, 8-13-2001]
It has been determined that rules of parliamentary procedure need to be adopted by the municipality in order for the orderly conduct of municipal meetings and of the meetings of the various boards and commissions of the City of Malden, Missouri.
The guidelines which are referred to as "Robert's Rules of Order" provide such a mechanism which will permit the enforcement of the principles of parliamentary procedure.
It is hereby ordained that the most recent addition of the publication "Robert's Rules of Order" is hereby adopted and shall be followed at all meetings of the City Council and the various boards and commissions for the City of Malden, Missouri, and that the principles of parliamentary procedure set forth therein shall be followed by the Mayor and City Council and by the various chairmen and members of the boards and commissions of the City of Malden, Missouri.
[R.O. 1993 § 105.060; R.O. 1932 § 82; CC 1969 § 2-6]
The Chief of Police shall be Ex Officio Sergeant-at-Arms of the City Council and shall attend all its meetings and execute all its orders.