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.
[1]
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]
A.
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.
B.
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.
[1]
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]
A.
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.
B.
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.
[1]
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.
[1]
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]
A.
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.
B.
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.
C.
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]
A.
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.
B.
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:
1.
"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.
2.
"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.
3.
"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.
4.
"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.
C.
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:
D.
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]
A.
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.
B.
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]
A.
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.
B.
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.
C.
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.
