"Officers" are those holding the positions listed in the preceding
section. All others are classified as "employees". An employee serves
at the pleasure of the Mayor and may be suspended or terminated from
his employment by the Mayor and without the approval of the Board
of Aldermen.
All appointive officers shall be appointed to serve at the pleasure
of the Mayor and the Board of Aldermen, except the City Clerk who
shall serve at the pleasure of the Board of Aldermen.
All officers elected or appointed to offices under the City
government shall be qualified voters under the laws and Constitution
of this state and this Code; except, that appointed police officers,
the City Attorney and other employees having only ministerial duties
need not be registered voters of the City. 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. All
officers, except appointed police officers, the City Attorney and
other employees having only ministerial duties, should be residents
of the City.
Every officer of the City before entering upon the duties of
his office shall take and subscribe to an oath or affirmation before
some person authorized to administer oaths that he possesses all qualifications
prescribed for his office by law; that he will support the Constitution
of the United States and of this state, the provisions of all laws
of this state affecting the City and the Code of Ordinances and other
ordinances of the City; and faithfully demean himself while in office,
which oath or affirmation shall be filed with the City Clerk. Every
officer of the City, when required by this Code or other law or ordinance,
shall, within 15 days after his appointment or election, and before
entering upon the discharge of the duties of his office, give bond
to the City in such sum and with such sureties as may be designated
by this Code or other ordinance, conditioned upon faithful performance
of his duty, and that he will pay over all money belonging to the
City and fully account for the same, as provided by law, that may
come into his hands. The cost of such bond shall be paid by the City
of Moscow Mills; however, should any person elected or appointed to
any office be covered by a blanket bond to same extent, such bond
shall not be required. If any person elected or appointed to any office
shall fail to take and subscribe such oath or affirmation, as herein
required, his office shall be deemed vacant. For any breach of condition
of any such bond, as herein required, suit may be instituted thereon
by the City, or by any person in the name of the City to the use of
such person.
A.
The Mayor, municipal judge and City Clerk are hereby empowered and
authorized to administer oaths or affirmations in the following cases:
1.
The Mayor, to witnesses or other persons concerned with any subject
under consideration by the Board of Aldermen in which the interest
of the City is involved.
2.
The municipal judge, to witnesses, jurors, or other persons relating
to any trial or other proceedings within the jurisdiction of his court.
3.
The City Clerk, to any person certifying to any demand or claim against
the City concerning the correctness of the same.
Upon filing of the oath of office and approval of bond, when
bond is required, the City Clerk shall deliver to the person elected
or appointed a commission signed by the Mayor, and under the seal
of the City, duly countersigned by the clerk, authorizing the person
therein named to discharge the duties of the office therein named
for the term for which he was appointed or elected.
The Board of Aldermen shall have the power to fix the compensation
of all officers of the City. The salary of an elected official shall
not be changed during the time for which he was elected. In addition
the fees allowed by this Code or other law or ordinance of the City's
elected officers shall receive such compensation for their services
as the Board of Aldermen shall from time to time provide.
A.
Vacancies shall be filled as follows:
1.
If a vacancy occurs in any elective office, the Mayor or the person
exercising the duties of Mayor shall cause a special meeting of the
Board of Aldermen to convene where a successor to the vacant office
shall be selected by the majority of the elected Board of Aldermen.
The successor to the vacant office shall serve until the next regular
election.
2.
If a vacancy occurs in any office not elective, the Mayor shall appoint
a suitable person to temporarily discharge the duties of such office
until the first regular meeting of the Board of Aldermen thereafter,
such vacancy shall then be permanently filled by appointment by the
Mayor with approval by a majority vote of the elected Aldermen, with
the exception of the City Clerk who shall be elected by the Board
of Aldermen and not by the Mayor.
3.
Immediately upon the suspension of an officer it shall be the duty
of the Mayor to appoint a competent, responsible person to discharge
the duties of such officer for the period of the suspension.
4.
Vacancies among City employees may be filled by the Mayor without
reference to the Board of Aldermen.
