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City of Malden, MO
Dunklin County
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Table of Contents
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[Ord. No. 3242, 7-26-2021]
The following officers shall be elected by the qualified voters of the City and shall hold office for the term as specified in Section 105.020 of this Code, except as otherwise provided in this Code, and until their successors are elected and qualified, to wit: Mayor and City Council.
[R.O. 1993 § 115.020; R.O. 1932 §§ 38,56; CC 1969 § 2-35]
A. 
The Mayor, with the consent and approval of a majority of the members elected to the City Council, shall appoint a City Treasurer and such other non-elective Officers as may be provided by this Code and whose appointment is not otherwise specified, each of whom shall hold his office until his successor is appointed and qualified.
B. 
All appointments by the Mayor shall be submitted to the City Council, and when approved by it the certificate of the City Clerk of any appointment so made shall be conclusive as to the ratification thereof by the City Council, and the person so appointed shall be entitled to compensation from the day on which he enters upon the discharge of his duties.
[1]
State Law Reference: As to appointment of non-elective officers in cities of the third class, see RSMo. § 77.330.
[2]
Cross Reference: As to City Attorney, see § 115.405 of this Code.
[R.O. 1993 § 115.030; Ord. No. 2425 § 1, 12-28-1987; Ord. No. 2579 § 1, 3-27-1995]
The Mayor shall notify in writing to the City Council the names for recommendation for any appointed offices within fifteen (15) days before appointment shall be voted thereon by the City Council.
[R.O. 1993 § 115.040; Ord. No. 2524 § 1, 12-28-1992; Ord. No. 3265, 12-19-2022]
All Officers elected or appointed to offices under the City Government shall be voters under the laws and constitution of this State. All appointed officers, and employees having only ministerial duties, must reside within twenty-five (25) miles of the City limits of the City of Malden. 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.
[1]
State Law Reference: For similar provisions, see RSMo. § 77.380.
A. 
Every officer of the City and his/her assistants, and every Councilman, 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 in office; which official oath or affirmation shall be filed with the City Clerk. Every officer of the corporation, when required by law or ordinance, shall, within fifteen (15) days after his/her election or appointment, 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 shall be designated by ordinance, conditioned for 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 for the use of such person.
B. 
Official bonds, except those of the City Clerk and City Treasurer, shall be filed with the City Clerk. Bonds of the City Clerk and City Treasurer shall be held by the Mayor.
[R.O. 1993 § 115.070; CC 1969 § 2-39; Ord. No. 2506 § 2-39, 8-12-1991]
The Council shall have power to fix the compensation of all officers and employees of the City.
The Mayor may, with the consent of a majority of all the members elected to the City Council, 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 Council, sitting as a court of impeachment. Any elective officer may, in like manner, for cause shown, be removed from office by a two-thirds (2/3) vote of all the members elected to the City Council, independently of the Mayor's approval or recommendation. The Mayor may, with the consent of a majority of all the members elected to the Council, remove from office any appointive officer of the City at will; and any such appointive officer may be so removed by a two-thirds (2/3) vote of all the members elected to the Council, independently of the Mayor's approval or recommendation. The Council may pass ordinances regulating the manner of impeachment and removals.
If a vacancy occurs in any elective office other than the office of Mayor, a successor to the vacant office shall be selected by appointment by the Mayor with the advice and consent of a majority of the remaining members of the Council. The Council may adopt procedures to fill vacancies consistent with this Section. The successor shall serve until the next regular April election. If a vacancy occurs in any office not elective, the Mayor shall appoint a suitable person to discharge the duties of the same until the first regular meeting of the Council thereafter, at which time the vacancy shall be permanently filled.
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; and bonds may be required of any such officers for faithfulness in office.
[R.O. 1993 § 115.080; R.O. 1932 § 56; CC 1969 § 2-40]
It shall be the duty of the Mayor to carefully examine the official bonds of all of the Officers, prior to submittal thereof to the City Council for approval, and when satisfied that the security of any bond is sufficient, and that the bond is properly and legally executed, he shall, by authority of City Council, endorse his approval thereon in writing. He shall, from time to time, inquire into and examine the sureties of any bond, and if he has reason to believe that the sureties on any bond of any Officer have become impaired, he shall notify such Officer to give an additional bond or sureties without delay; and, thereupon, if such Officer shall neglect or refuse to give such additional surety within the period of ten (10) days after such notice shall have been served upon him, in writing, he may, with the advice and consent of the City Council, remove such Officer from office.
[R.O. 1993 § 115.100]
If any person appointed or elected to office other than the City Sexton, City Attorney or appointed Police Officers shall remove his residence from the City, his office shall thereby be deemed to have become vacant.
[R.O. 1993 § 115.120; R.O. 1932 § 44; CC 1969 § 2-44]
Every Officer shall, on going out of office, deliver to his successor all books, papers, furniture, supplies, equipment and other property appertaining to his/her office.
[R.O. 1993 § 115.130; CC 1969 § 2-117; Ord. No. 2395 § 1, 11-18-1986]
It shall be the obligation of the City to defend and save harmless any Officer or employee of the City on any claim, cause of action, law suit, judgment or litigation of a civil nature of third parties against such Officer or employee arising out of the acts, failures or omissions of such Officer or employee occurring in the course of his governmental capacity or employment, if such Officer or employee was acting in good faith at such time, without willful, malicious or felonious intent, and in the event such acts, failures or omissions are not covered by insurance carried by the City.