No person shall be an Alderman unless he/she be at least eighteen
(18) years of age, a citizen of the United States, and an inhabitant
and resident of the City for one (1) year next preceding his/her election,
and a resident, at the time he/she files and during the time he/she
serves, of the ward from which he/she is elected.
[1]
State Law Reference: As to when Aldermen may be elected at
large, § 79.060, RSMo.
No person shall be Mayor unless he/she be at least twenty-five
(25) years of age, a citizen of the United States, and a resident
of the City at the time of and for at least one (1) year next preceding
his/her election.
The Board of Aldermen shall elect one (1) of its own number
who shall be styled "Acting President of the Board of Aldermen" and
who shall serve for a term of one (1) year.
When any vacancy shall happen in the office of Mayor by death,
resignation, removal from the City, removal from office, refusal to
qualify, or from any other cause whatever, the Acting President of
the Board of Aldermen shall, for the time being, perform the duties
of Mayor, with all the rights, privileges, powers and jurisdiction
of the Mayor, until such vacancy be filled or such disability be removed;
or, in case of temporary absence, until the Mayor's return.
The Mayor and Board of Aldermen of each City governed by this
Chapter 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.
[R.O. 2009 § 100.260(B), (C); Ord. No. 3061 § I, 10-9-2012]
A.
In
addition to specific duties of the office of Mayor set out in the
City Code, the said office of Mayor is intended to generally serve
the function of goodwill ambassador to the residents, visitors, and
businesses of Bolivar and surrounding communities; and to welcome
visitors and businesses looking to come to the City of Bolivar. The
office of Mayor will not carry with it the authority to guide or direct
the day-to-day operations of the City or its employees.
B.
In addition to specific duties of the Board
of Aldermen set out in the City Code, the said Board of Aldermen is
intended to generally serve the function of consideration and making
of policy decisions for the City. In fulfilling its obligations in
making policy decisions for the City, the Board, as a whole, may act
as a single unit through majority vote (or majority vote of a quorum,
as the case may be); and no single member of the Board of Aldermen
will have the authority to guide or direct the day-to-day operations
of the City or its employees.
The Mayor shall have a seat in and preside over the Board of
Aldermen but shall not vote on any question except in case of a tie,
nor shall he/she preside or vote in cases when he/she is an interested
party. He/she shall exercise a general supervision over 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.
[R.O. 2009 § 105.116; R.O. 2007
§ 105.116; Ord. No. 1293, 5-13-1993; Ord. No. 1559, 8-8-1996; Ord. No.
2295, 4-11-2002; Ord. No. 2552, 5-12-2005; Ord. No. 2925 § I, 4-8-2010]
A.
The following standing committee of the
Board of Aldermen is hereby created which shall be constituted and
which shall have those powers hereinafter set forth:
1.
Personnel Committee, which shall
have jurisdiction over all employees of the City relating to the creation
or abolition of employee positions; hiring, firing and discipline
of employees not subject to being hired, fired or disciplined by the
City Administrator as may otherwise be provided in this Code or by
the laws of the State of Missouri, provided that the City Administrator
may confer with the Personnel Committee before taking action to hire,
fire or discipline a prospective or current employee; the creation
and amendment of job descriptions for all employees of the City; and
the creation and amendment of policies and procedures governing employees
of the City.
2.
The Personnel Committee shall consist
of four (4) members of the Board of Aldermen plus the Mayor. The four
(4) members of the Board of Aldermen shall be those Aldermen who are
serving the second year of their two-year term, including Aldermen
who may have been appointed to fill a vacancy created by the death,
resignation or removal from office of a duly elected Alderman. Each
Alderman constituting the Personnel Committee shall assume the position
of committee member as of the first regular or special meeting of
the Board of Aldermen following the annual municipal election at which
the election authority for Polk County, Missouri, has filed with the
City Clerk a certificate of election (or in case of appointment, then
upon the Alderman qualifying for office) and shall serve until the
first regular or special meeting after the next annual election at
which the election authority for Polk County, Missouri, has filed
with the City Clerk a certificate of election, or until the committee
member's successor is duly elected and qualified.
3.
The Personnel Committee shall elect
a Chairman at its first meeting following the annual municipal election.
The Chairman shall be a member of the Committee. The Chairman shall
preside over all meetings of the Personnel Committee and shall sign
on behalf of the Committee any written instruments that it may authorize
to be issued. In the absence of the Chairman, the Committee shall
elect a temporary Chairman to preside over a meeting. The City Clerk
shall take and transcribe minutes of each meeting of the Committee,
and in the absence of the City Clerk the Deputy Clerk shall perform
such duties.
4.
The Personnel Committee may establish
by motion a regular date and time for meetings or may establish a
meeting date and time at any regular or special meeting of the Board
of Aldermen at which a majority of the committee members are present.
The Committee shall also meet upon written call by the Mayor, the
Chairman or any two (2) Committee members. Notice of a special meeting
together with a written agenda for the meeting shall be personally
delivered at least twenty-four (24) hours before the meeting or mailed
at least seventy-two (72) hours before the meeting. A majority of
the members of the Committee shall constitute a quorum. The Mayor
may vote on any matter coming before the Committee but shall not be
obligated to do so except in the case of a tie vote. The Personnel
Committee shall be subject to all of the requirements of the Missouri
"Sunshine Law" as set forth in Chapter 610, RSMo., as now in effect
or as such law may hereafter be amended from time to time. Attendance
at an adjourned or special meeting of the Personnel Committee without
objection to proper notice shall constitute a waiver of inadequacy
of notice. A majority vote of the Committee shall constitute an affirmative
recommendation to the full Board of Aldermen that the issue or proposition
be approved. A tie vote shall send the issue or proposition to the
Board of Aldermen without a recommendation. A minority vote on an
issue or proposition shall constitute a negative recommendation for
approval by the full Board of Aldermen.
B.
Special committees of the Board of Aldermen
may be authorized by motion or resolution of the Board or by order
of the Mayor. Any such motion, resolution or order shall describe
the duties and function of the special committee. No special committee
shall be authorized unless the purpose or purposes for which the committee
is created is specified in the authorizing motion, resolution or order.
Each special committee shall consist of at least one (1) representative
from each of the four (4) wards of the City and the Mayor. If a special
committee is authorized by motion or resolution of the Board of Aldermen,
the members of the committee other than the Mayor shall be elected
by the Board. If the special committee is created by order of the
Mayor, the Mayor shall appoint the committee members.
1.
Each special committee shall organize
by the election of a Chairman who is also a member of the committee,
and a Secretary who may but need not be a member of the committee.
The Chairman shall preside over all meetings of the special committee
and shall sign on behalf of the committee any written instruments
that it may authorize to be issued. In the absence of the Chairman,
the committee shall elect a temporary Chairman to preside over a meeting.
The Secretary shall take and transcribe minutes of each meeting of
the committee, and in the absence of the elected Secretary the committee
shall elect a temporary Secretary to perform such duties.
2.
Each committee may establish by motion
a regular date and time for meetings or may establish a meeting date
and time at any regular or special meeting of the Board of Aldermen
at which a majority of the committee members are present. The committee
shall also meet upon written call by the Mayor, the Chairman or any
two (2) committee members. Notice of a special meeting together with
a written agenda for the meeting shall be personally delivered at
least twenty-four (24) hours before the meeting or mailed at least
seventy-two (72) hours before the meeting. A majority of the members
of each special committee shall constitute a quorum. The Mayor may
vote on any matter coming before the committee but shall not be obligated
to do so except in the case of a tie vote. Each special committee
shall be subject to all of the requirements of the Missouri "Sunshine
Law" as set forth in Chapter 610, RSMo., as now in effect or as such
law may hereafter be amended from time to time. Attendance at an adjourned
or special meeting of a special committee without objection to proper
notice shall constitute a waiver of inadequacy of notice. A majority
vote of the committee shall constitute an affirmative recommendation
to the full Board of Aldermen that the issue or proposition be approved.
A tie vote shall send the issue or proposition to the Board of Aldermen
without a recommendation. A minority vote on an issue or proposition
shall constitute a negative recommendation for approval by the full
Board of Aldermen.
C.
Notwithstanding any other provisions of this Section 110.065 to the contrary, all standing and special committees of the Board of Aldermen must meet at least one (1) time prior to the first day of April in each calendar year for the purpose of finalizing any pending or outstanding matters of such standing or special committee prior to the annual municipal election.
[Ord. No. 3476, 9-25-2018]
The style of the ordinances of the City shall be "Be it ordained
by the Board of Aldermen of the City of Bolivar, 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 Board of Aldermen shall vote for it, and the
"ayes" and "nays" be entered on the journal. Every proposed ordinance
shall be introduced to the Board of Aldermen 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 Board of Aldermen. 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 Board of Aldermen. No bill shall
become an ordinance until it shall have been signed by the Mayor,
or person exercising the duties of the Mayor's office, or shall have
been passed over the Mayor's veto as herein provided.
Every bill duly passed by the Board of Aldermen and presented
to the Mayor and by him/her approved shall become an ordinance, and
every bill presented as aforesaid, but returned with the Mayor's objections
thereto, shall stand reconsidered. The Board of Aldermen 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 vote on this question shall be
taken by "ayes" 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 City Clerk 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 Board of Aldermen;
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 Board of Aldermen, the same shall become a
law without his/her signature.
The Board of Aldermen shall cause to be kept a journal of its
proceedings, and the "ayes" and "nays" shall be entered on any question
at the request of any two (2) members. The Board of Aldermen may prescribe
and enforce such rules as it may find necessary for the expeditious
transaction of its business.
The Board of Aldermen shall semiannually each year, at times
to be set by the Board of Aldermen, make out and spread upon their
records a full and detailed account and statement of the receipts
and expenditures and indebtedness of the City for the half year ending
with the last day of the month immediately preceding the date of such
report, which account and statement shall be published in some newspaper
in the City.
In the event the financial statement of the City is not published as required by Section 110.100, the Treasurer of the City shall not pay out any money of the City on any warrant or order of the Board of Aldermen after the end of the month in which such financial statement should have been published until such time as such financial statement is published. Any Treasurer violating the provisions of this Section shall be deemed guilty of an ordinance violation.
The Board of Aldermen shall have power to compel the attendance
of witnesses and the production of papers and records relating to
any subject under consideration in which the interest of the City
is involved and shall have power to call on the proper officers of
the City, or of the County in which such City is located, to execute
such process. The officer making such service shall be allowed to
receive therefor such fees as are allowed by law in the Circuit Court
for similar services, to be paid by the City. The Mayor or Acting
President of the Board of Aldermen shall have power to administer
oaths to witnesses.
The Mayor shall sign the commissions and appointments of all
City Officers elected or appointed in the City and shall approve all
official bonds unless otherwise prescribed by ordinance.
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; and he/she 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, from time to time, communicate to the Board
of Aldermen 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 have power to remit fines and forfeitures and
to grant reprieves and pardons for offenses arising under the 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 said City by reason of any prosecution under the laws or ordinances
of such City.
[R.O. 2009 § 105.010; R.O. 2007
§ 105.010; Ord. No. 3060 § I, 9-13-2012; Ord.
No. 3088 § I, 8-13-2013]
The Board of Aldermen shall hold
regular meetings at City Hall on the fourth Tuesday of each month
and on the first Tuesday following the Tuesday in April on which the
annual municipal election is held if that Tuesday is other than the
fourth Tuesday of the month. The time of regular meetings shall be
established from time to time by motion approved by a majority of
the entire Board of Aldermen.
[R.O. 2009 § 105.011; R.O. 2007
§ 105.011; Ord. No. 3089 § I, 8-13-2013]
A.
Special meetings of the Board of Aldermen
may be held at such date, time and place as shall be specified in
the call of such meeting. Special meetings shall not be held outside
the corporate limits of the City of Bolivar except upon the written
consent of the Mayor and all members of the Board of Aldermen. A special
meeting may be called by the Mayor or by any two (2) Aldermen. Any
such call must be in writing, must specify the purpose or purposes
for which the meeting was called, specify the date, time and place
for meeting and must be delivered to the City Clerk. The City Clerk
shall deliver or cause notice of the call of such special meeting
to be delivered to each of the members of the Board of Aldermen by
any one or more of the following methods:
1.
Personally delivered to a member
of the Board of Aldermen at least twenty-four (24) hours prior to
the date and time for such meeting; or
2.
Electronically delivered via e-mail
or facsimile transmission to the electronic e-mail addresses or facsimile
number on file with the City Clerk for a member of the Board of Aldermen
at least twenty-four (24) hours prior to the date and time for such
meeting; or
3.
Actual notice to a member of the
Board of Aldermen by telephone conference directly with the member
of the Board and documented as to date and time of the conference
by the City in writing at least twenty-four (24) hours prior to the
date and time for such meeting; or
4.
Mailed by ordinary United States
mail, postage fully prepaid, addressed to the Alderman at his/her
regular residence address at least seventy-two (72) hours prior to
such meeting.
B.
If the call of the special meeting is made
by two (2) or more Aldermen, notice thereof shall also be given to
the Mayor by one of the methods specified above. For personal delivery
of notices, the Chief of Police shall deliver or cause the officers
under his/her command to deliver notice of special meetings upon the
request of the City Clerk after receiving the call of such meeting
by the Mayor or Aldermen.
[R.O. 2009 § 105.012; R.O. 2007
§ 105.012]
Any regular or special meeting of the Board of Aldermen may be adjourned upon notice approved by a majority of the members present to a date, time and place set forth in the motion and any adjourned meeting of the Board of Aldermen may be further adjourned by similar motion. No notice of an adjourned meeting need be given to any Alderman present when the motion to adjourn was made and voted upon, but notice of an adjourned meeting shall be given by the City Clerk to any absent member of the Board (and to the Mayor, if he/she was absent) in the same manner and within the same times as provided in Section 110.180 for a special meeting. No purpose or purposes of an adjourned meeting need be stated in the adjournment motion.
[R.O. 2009 § 105.014; R.O. 2007
§ 105.014; Ord. No. 1196, 2-6-1992]
At all meetings of the Board of Aldermen, a majority of the
Board of Aldermen holding office at the time of such meeting shall
constitute a quorum, but less than a majority may meet and adjourn
or compel the attendance of absent Aldermen in a summary manner by
issuing a writ signed by the Presiding Officer and directed to the
Chief of Police or any Police Officer commanding such officer to arrest
and bring each or any absentee to such meeting.
