Section 115.010. Elective Officers — Terms. [Ord. No. I Art. IV §1, 11-6-1956]
The following officers shall be elected by the qualified voters of the City and shall hold office for the term of two (2) years, except as otherwise provided in this Section, and until their successors are elected and qualified, to wit: Mayor, Board of Aldermen, Collector and Municipal Judge.
Section 115.020. Appointive Officers. [Ord. No. 132A, 1-27-1973]
The Mayor, with the consent and approval of the majority of the members of the Board of Aldermen, shall have power to appoint a Chief of Police, City Treasurer, City Attorney, City Assessor, Street Commissioner, Fire Chief, Recreation Board Director and Night Watchman and such other officers as he/she may be authorized by ordinance to appoint, and if deemed for the best interests of the City, the Mayor and Board of Aldermen may, by ordinance, employ special counsel to represent the City, either in a case of a vacancy in the office of City Attorney or to assist the City Attorney, and pay reasonable compensation therefor.
Section 115.030. Removal of Officers.
A. The Mayor may, with the consent of a majority of all the members elected to the Board of Aldermen, 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 Board of Aldermen sitting as a Board of Impeachment. Any elective officer, including the Mayor, may in like manner, for cause shown, be removed from office by a two-thirds (2/3) vote of all members elected to the Board of Aldermen, independently of the Mayor’s approval or recommendation. The Mayor may, with the consent of a majority of all the members elected to the Board of Aldermen, 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 Board of Aldermen, independently of the Mayor’s approval or recommendation. The Board of Aldermen may pass ordinances regulating the manner of impeachments and removals.
B. Nothing in this Section shall be construed to authorize the Mayor, with the consent of the majority of all the members elected to the Board of Aldermen, or the Board
of Aldermen by a two-thirds vote of all its members, to remove or discharge any “chief,” as that term is defined in Section 106.273, RSMo.
Section 115.040. Officers To Be Voters and Residents — Exceptions.
All officers elected to offices or appointed to fill a vacancy in any elective office under the City Government shall be voters under the laws and Constitution of this State and the ordinances of the City except that appointed officers need not be 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 officers, shall be residents of the City.
Section 115.050. Officers’ Oath — Bond.
Every officer of the City and his/her assistants and every Alderman, 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 while in office; which official oath or affirmation shall be filed with the City Clerk. Every officer of the City, when required by law or ordinance, shall, within fifteen (15) days after his/her appointment or election 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 may be designated by ordinance, conditioned upon 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, to the use of such person.
Section 115.060. Salaries Fixed By Ordinance — Expenses.
The Board of Aldermen shall fix the compensation of all the officers and employees of the City by ordinance. The salary of an officer shall not be changed during the time for which he/she was elected or appointed.
Section 115.070. Vacancies in Certain Offices — How Filled.
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 Board of Aldermen may adopt procedures to fill vacancies consistent with this Section. 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.
Section 115.080. Powers and Duties of Officers To Be Prescribed By Ordinance.
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. Bonds may be required of any such officers for faithfulness in office in all respects.
Section 115.090. City Clerk — Election — Duties Generally. [Ord. No. I Art. XVI §§2, 5, 11-6-1956]
A. The Board of Aldermen shall elect a Clerk for such Board to be known as “the City Clerk” whose duties and term of office shall be fixed by ordinance. Among other things, the City Clerk shall keep a journal of the proceedings of the Board of Aldermen. He/she shall safely and properly keep all the records and papers belonging to the City which may be entrusted to his/her care; he/she shall be the general accountant of the City; he/she is hereby empowered to administer official oaths and oaths to persons certifying to demands or claims against the City.
B. It shall be the duty of the City Clerk to keep a true and correct journal of the proceedings of the Board of Aldermen in a book to be kept for that purpose. He/she shall attend all meetings of the Board of Aldermen at the hour appointed for the meeting and, unless otherwise, shall immediately upon the Board being called to order proceed to read from the journal the proceedings of the last meeting and when the same shall have been approved, shall attest the same. He/she shall prepare and attest all warrants that may be ordered issued by the Board of Aldermen and present the same to the Mayor for his/her signature. He/she shall attest all other official acts of the Board when by law or ordinance he/she shall be required to do so. He/she shall enroll all orders passed by the Board of Aldermen and shall attest and seal the same. He/she shall issue and sign all licenses that may be required by ordinance to be issued. As soon as the Board of Aldermen shall have established the rate of taxes for the year, he/she shall make the proper certification to the proper officials of McDonald County, so as proper extension of tax rates can be made as by law provided.
C. The City Clerk shall not permit any documental record in his/her charge to be removed from his/her office except by some officer entitled to the use thereof or for the inspection of the Board of Aldermen or upon the written order of the Mayor.
Section 115.095. Temporary City Clerk. [Ord. No. I Art. XVI §4, 11-6-1956]
In case of the absence of the City Clerk, the Board of Aldermen may appoint a Clerk Pro Tem who shall possess the same qualifications as and shall have and exercise all the
powers and duties of the City Clerk and shall receive the same compensation therefore as the City Clerk.
Section 115.100. Bond. [Ord. No. I Art. XIV §11, 11-6-1956]
The Collector, before entering upon the discharge of the duties of his/her office, shall give bond to the City in such sum and with such good and sufficient securities as shall be approved by the Board of Aldermen, conditioned for the faithful discharge of the duties of his/her office or the Board may require said Collector to post a surety bond, the premium of which shall be paid by the City.
Section 115.110. Duties Generally. [Ord. No. I Art. XIV §§2, 13, 11-6-1956]
A. The Collector shall perform all the duties specified in this Code and shall perform such other duties as may be directed by the City Clerk and/or Mayor.
B. Compensation. The City Collector shall receive as compensation for his/her services a fee of fifteen percent (15%) of the monies collected by him/her.
C. The Collector shall collect all taxes on real estate and personal property and shall pay over unto the City Treasurer all monies, bonds, coupons and warrants collected by him/her and shall report the same at each regular meeting of the Board of Aldermen.
D. The Collector shall enforce the collection of all taxes due the City in the same manner and under the same rules and regulations as may be provided for by law for the collecting and enforcing payment of State and County taxes and to that purpose the Collector shall diligently endeavor and use all lawful means to collect all taxes which he/she is required to collect and to that end he/she shall have the power to seize and sell goods and chattels of the persons liable for taxes in the same manner as good and chattels are or may be required to be seized and sold under execution issued on a judgment at law and no property whatsoever shall be exempt from seizure and sale for taxes due on land or on the personal property, provided that no seizure or sale shall be made until after the first (1st) day of January of taxes in person or by his/her duly appointed deputy of the party liable to pay the same or by giving notice as required by these ordinances and such seizure may be made at anytime.
Section 115.120. Collector To Make Annual Report.
The Collector shall annually, at such times as may be designated by ordinance, make a detailed report to the Board of Aldermen stating the various monies collected by him/her during the year, and the amounts uncollected, and the names of the persons from which he/she failed to collect, and the causes therefor.
Section 115.130. Deputy Collector.
The Mayor may appoint a Deputy Collector to be approved by the Board of Aldermen, and when such Deputy Collector shall have taken and subscribed to the oath provided by this Code, he/she shall possess all the qualifications and powers and be charged with the same duties as the Collector.
Section 115.140. Appointment — Term.
A. The Mayor, with the advice and consent of the Board of Aldermen, at the first (1st) meeting after each annual City election shall appoint a suitable person as City Attorney who shall hold office until his/her successor is appointed and qualified.
B. Qualifications. No person shall be appointed to the office of City Attorney unless he/she be a licensed and practicing attorney at law in this State.
Section 115.150. Duties. [Ord. No. I Art. XVII §§2 — 9, 11-6-1956]
A. It shall be the duty of the City Attorney to prosecute and defend all suits in any court in which the City of Goodman shall be a party.
B. He/she shall advise the Mayor and/or the Board of Aldermen on such legal questions as may arise in relation to the business of the City and shall furnish written opinions on all legal questions wherever the same may be required of him/her by the Mayor and/or Board of Aldermen.
C. He/she shall draw up all bills, ordinances, resolutions and orders as directed by the Board of Aldermen and/or Mayor.
D. He/she shall attend to all suits before the Mayor or any Magistrate in which the City may be a party and shall defend for such officers all actions brought against any officer, agent or servant of the City which may arise from his/her or their official acts.
E. He/she shall prepare all charges and complaints against any party or parties charged with violation of any ordinances of this City. If, upon their arraignment, they request a hearing, he/she shall prosecute the same in behalf of the City of Goodman.
F. He/she shall make affidavits in behalf of the City in all cases where the same may be necessary to procure a change of venue or take an appeal or other legal reason.
G. He/she shall report to the Mayor and the Board of Aldermen, when so requested, at any regular meeting, the condition and status of any suit or suits pending in any court.
H. At the next regular meeting of the Board of Aldermen after the City Attorney’s commission has been revoked, he/she shall make a full report to the Board of Aldermen setting forth all cases pending, the condition thereof, a brief statement of all judgments obtained and not satisfied for and against the City in civil cases which
shall be entered on the records and left on file for the benefit and information of his/her successor.
Section 115.160. Officers To Report Receipts and Expenditures.
It shall be the duty of all the officers of the City to report annually to the Board of Aldermen, such reports to embrace a full statement of the receipts and expenditures of their respective offices and such other matters as may be required by the Board of Aldermen by ordinance, resolution or otherwise.
Section 115.170. Mayor or Board May Inspect Books and Records of Officers.
The Mayor or Board of Aldermen shall have power, as often as he/she or they may deem it necessary, to require any officer of the City to exhibit his/her accounts or other papers or records and to make report to the Board of Aldermen, in writing, touching any matter relating to his/her office.