Missouri
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City of Clarkson Valley Missouri |
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The corporate powers and duties of the City shall be vested in a Board of Aldermen. The Board shall consist of six (6) members elected or appointed as Aldermen of the City. (CC 1990 §2-26; Code 1977 §3.010)
No person shall be an Alderman unless he or she is at least twenty-one (21) 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 or she files and during the time he or she serves, of the ward from which he or she is elected. Every Alderman shall hold his/her office for the term of two (2) years, and until a successor is elected and qualified. (CC 1990 §2-27; Code 1977 §3.010(2))
Every Alderman, before entering upon the duties of his/her office, shall take the oath prescribed by the Constitution of this State, and that he/she will faithfully demean himself/herself in office. The Board shall elect an Acting President of their number to serve for a term of one (1) year. The Acting President may vote on any proposition before the Board. The Board of Aldermen, by ordinance, shall fix the time and place of holding their stated meetings, and may be convened by the Acting President at any time. Members of the Board of Aldermen shall be required to attend all stated and special meetings of the Board, unless leave of absence is granted by the Board, or unless excused by the Mayor or Acting President for illness or other special reason. (CC 1990 §2-28; Code 1977 §3.010(3))
The oath of office for members of the Board of Aldermen shall be as follows: "I do solemnly swear that I possess all the qualifications prescribed by law for my office, that I will support the Constitution of the United States and of the State of Missouri, the provisions of all laws of the State of Missouri affecting Cities of the Fourth Class, and the ordinances of the City of Clarkson Valley, Missouri, and that I will faithfully demean myself in office. (CC 1990 §2-29; Code 1977 §3.010(4))
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 whatsoever, 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. (CC 1990 §2-30)
The style of the ordinances of the City shall be: "Be it ordained by the Board of Aldermen of the City of Clarkson Valley, 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. (CC 1990 §2-31; Code 1977 §3.030)
Each elected and qualified Alderman shall during his/her term of office receive as compensation such amounts as established by the Board of Aldermen from time to time. In the event an Alderman shall not serve for a full pay period, irrespective of the reason, said Alderman shall receive compensation based upon the number of days served as an Alderman during the pay period in proportion to the total number of days in the pay period. (CC 1990 §2-32; Code 1977 §3.050; Ord. No. 91-14 §2, 9-3-91)
If a vacancy occurs in any elective office, the Mayor or the person exercising the duties of the Mayor shall cause a special meeting of the Board of Aldermen to convene where 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 Board of Aldermen. If the vacancy is in the office of Mayor, nominations of a successor may be made by any member of the Board of Aldermen and selected with the consent of a majority of the members of the Board of Aldermen. The successor shall serve until the next regular municipal election. If a vacancy occurs in any office not elective, the Mayor shall appoint a suitable person to discharge the duties of such office until the first (1st) regular meeting of the Board of Aldermen thereafter, at which time such vacancy shall be permanently filled.
The regular meetings of the Board of Aldermen shall be held on the first (1st) Tuesday of each month at the hour of 7:30 P.M. at such place as the Board may designate. The meeting shall be public. If a regular meeting is scheduled under this Article for a legal holiday, the Board shall not meet on the holiday but shall convene on the next business day at 7:30 P.M. or another day as set by the Mayor. (CC 1990 §2-51; Code (CC 1990 §2-51; Code 1977 §3.020(1))
Special meetings of the Board of Aldermen may be held from time to time as ordered by the Mayor or by any three (3) members of the Board. Written notice of special meetings shall be served by the Clerk or Marshal at least three (3) days before such special meeting by delivering a copy of such notice to each member of the Board personally or by leaving the same at such member's usual place of business or abode within the City. Notice of special meetings shall state the date, time, place and the business to be transacted at such meeting and shall be signed by the person or persons ordering such special meeting. In computing the period of time of three (3) days for notice prescribed by this Section, the day of service of the notice shall not be included, but the day of the meeting shall be included in computing the period of time. The presence of the Alderman at a special meeting shall waive requirement of notice. (CC 1990 §2-52; Code 1977 §3.020(2))
The Board shall have and hereby do have the authority to adjourn any regular or special meeting of the Board to such place and for such date and time as the Board shall select by motion adopted by a majority of the members of the Board, but in no event by less than a quorum of the Board of Aldermen. (CC 1990 §2-53; Code 1977 §3.020(1))
At the hour appointed, the Mayor, or in his/her absence, the Acting President, shall call the Board to order, the Clerk shall call the roll of members and announce whether or not a quorum is present. Four (4) of the six (6) Aldermen shall constitute a quorum. If a quorum is not present, a smaller number may lawfully adjourn the meeting until a quorum is present. If the acting president is absent, then the members of the Board of Aldermen in attendance shall appoint one (1) of their number to serve as acting president who shall then preside and perform the duties of the chairman during his/her absence. (CC 1990 §2-54; Code 1977 §3.020(3))
The Board of Aldermen, upon the announcement of a quorum, shall proceed to transact the business before it in the following order; unless otherwise modified by the Board:
1. Pledge of allegiance.
2. Reading of the minutes of the last meeting or meetings unless temporarily waived, and approval of the same as read unless changed or objected by a member, in which event they shall be approved as corrected.
3. The presentation and hearing of remarks, complaints and petitions of citizens or other interested parties on all motions.
4. Mayor's report and reports of officers and committees.
5. Unfinished business.
6. New business.
7. The audit of all bills and claims against the City and ordering of payment of bills approved and allowed.
8. Miscellaneous business.
9. Adjournment. (CC 1990 §2-55; Code 1977 §3.020(4))
All committees, boards, commissions and officers shall be appointed by the Mayor with the advice and approval of the Board of Aldermen unless otherwise provided by the laws of the State or the ordinances of the City. (CC 1990 §2-56; Code 1977 §3.020(5))
Robert's Rules of parliamentary procedure shall govern the proceedings of the Board, except when otherwise provided by ordinance, and any question arising thereunder shall be decided by the Mayor, subject to appeal to the Board by any member. These rules may be temporarily suspended by unanimous consent of all of the members of the Board. (CC 1990 §2-57; Code 1977 §3.020(6))
A. No regular or special meeting of the Board of Aldermen shall be lawfully convened unless seventy-two (72) hours prior to the opening of said meeting:
1. The City Clerk shall have deposited in the U.S. mail postage prepaid, a copy of the final agenda for said meeting properly addressed to the Mayor and each duly elected Alderperson, or2. The City Clerk certifies at the opening of said meeting, she has either complied with Subsection (1) above or hand delivered or via electronic messaging seventy-two (72) hours prior to the opening of said meeting a copy of the final agenda to the Mayor and each duly elected Alderperson, or
3. The Mayor and all duly elected Alderpersons orally or in writing waive the notice requirements of Subparagraph (1) or (2) of this Subsection.
B. Additions or deletions to the final agenda published as above may be made upon the affirmative vote of a majority of the Board of Aldermen plus one (1). (CC 1990 §2-58; Ord. No. 98-09 §1, 10-6-98)
A. Members of the Board of Aldermen shall be required to attend all regular, closed and special meetings of the Board, and to remain at each such meeting until adjournment, unless leave of absence is granted by the Board or unless excused by the Mayor or the Board because of extraordinary circumstances, including but not limited to illness, business or personal travel or other similar reason.
B. A member of the Board of Aldermen shall inform the City Clerk of an expected absence, and the reason therefor; as soon as possible upon learning that he/she will be unable to attend a meeting. If a member of the Board of Aldermen intends to leave any meeting prior to adjournment, he/she shall inform the Mayor or the Board of the necessity of such departure and shall request leave for same, which such leave shall not be unreasonably withheld. (CC 1990 §2-59; Ord. No. 98-09 §1, 10-6-98)
A. For the purpose of enacting ordinances, a majority vote shall require the affirmative vote of no less than four (4) members of the Board of Aldermen, unless a greater number is required by law. The Mayor may cast a deciding vote only in the case of a tie, which is hereby defined as:
1. When three (3) members of the Board vote in favor of the bill in question and three (3) members vote against the bill, or2. When three (3) members of the Board vote in favor of the bill and one (1) or more members vote against it, with any remaining member either abstaining from voting, or absenting himself/herself from a meeting in order to avoid voting, and such inaction is declared as a vote against the bill in question.
B. Members of the Board of Aldermen shall vote either for or against each bill brought before the Board for its consideration, when a vote on such bill is called for pursuant to Board procedure, unless by such vote the member believes that he/she otherwise has a conflict of interest. In any such case the member shall, prior to discussion of the bill, announce that he/she is abstaining from voting, and the Board shall proceed with the vote to its conclusion. A member who abstains from voting on a bill shall not participate in the Board's discussion or consideration of the bill.
C. If at any time after a vote on any bill three (3) members of the Board favor passage of the bill and one (1) or more of the remaining members abstains from voting, a Board member may move that any abstaining member disclose the basis for the abstention, and upon a favorable vote any such abstaining member shall do so. After such disclosure, the Board may, after motion duly adopted, continue its consideration of the bill to another time. In the event that either the abstaining member refuses to disclose the basis for the abstention or the Board believes that the disclosure does not merit abstention, and the Board further determines, upon motion duly adopted and from the facts and circumstances known to the Board, that the abstaining member intends by his/her abstention to prevent a tie vote and thereby defeat the bill in question, the Mayor shall declare the abstention as a vote against the bill in question.
D. If after a vote on any bill three (3) members of the Board favor its passage while one (1) or more of the remaining members are absent from the meeting, the Board may proceed as follows, after motion duly adopted:
1. Continue its consideration of the bill to a subsequent meeting, established at a time certain, so as to allow any absent member to appear at such meeting and vote on the bill in question. In such event the Mayor shall not declare the result of the vote on the bill but shall hold the vote open until such time as any absent member has been afforded reasonable opportunity to attend a subsequent board meeting and vote as provided herein. However, nothing provided herein shall prevent any voting member from changing his/her vote on the bill in question prior to the vote of the absent member or the declaration of the absent member's vote as being in opposition to the bill; or2. Find and determine from the facts and circumstances known to the board that the absent member intends by his/her absence to prevent a tie and thereby defeat the bill in question, in which case the Mayor shall declare the member's absence a vote in opposition to the bill in question.
E. In any case when there are three (3) affirmative votes and an abstention or absence is determined by the Mayor to be a vote in opposition to the bill in question, the Mayor shall declare a tie and shall then cast the deciding vote. (CC 1990 §2-60; Ord. No. 98-09 §1, 10-6-98)
The abstention from voting on a bill by a member of the Board of Aldermen or the unexcused absence of a member of the Board of Aldermen, when said actions are performed with the intent to defeat pending legislation and thus achieve by the inaction of a minority that which could not otherwise be accomplished, may constitute cause for removal from office in accordance with Section 79.240, RSMo. In any such case the Mayor without unreasonable delay shall convene a special meeting of the Board to hear and determine whether a member so acting shall be removed from office. In no event, however, shall the accused member be deprived of notice of the convened special meeting or the opportunity to be heard at said meeting. (CC 1990 §2-61; Ord. No. 98-09 §1, 10-6-98)