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HomeMy Public PortalAbout20131002 admin packet NOTICE OF MEETING & TENTATIVE AGENDA Council Committee on Administration Wednesday, October 2, 2013 – 8:00 a.m. Boone/Bancroft Room (City Hall) – 320 E McCarty St Tentative Agenda 1. Call to Order 2. Roll Call 3. Approval of Minutes 4. Downtown Parking Zone Fee (Hilpert) 5. Chapter 2 Revisions (Hilpert) 6. Residency Requirement for Public Works Director 7. Reclassification Requests (Strope) 8. Housing Authority Health Insurance Update (Strope) 9. Appointment Review (Strope) 10. Public Comments 11. New Business 12. Adjournment NOTES Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or alternative formats as required under the Americans with D isabilities Act. Please allow three business days to process the request. CITY COUNCIL ADMINISTRATION COMMITTEE MEETING MINUTES August 7, 2013 ATTENDEES- Council- Carrie Carroll, Jim Branch, Larry Henry, Ken Hussey, Rick Mihalevich; Staff- Drew Hilpert, Janice McMillan, Gail Strope; News Tribune- Madeleine Leroux. Meeting came to order at 8:00 a.m., the minutes were approved with a motion by Mihalevich and a second by Branch. AMENDING CHAPTER 7 ARTICLE XVI CULTURAL ARTS COMMISSION : Presented by Gail Strope. The Arts Commission asked to have their membership altered by allowing up to three members (currently two) to live outside the city limits. There is no change in the total number of members. A motion was made by Branch to send to the Council and a second by Henry, passed unanimously. JCTV METRICS: Presented by Drew Hilpert. Hilpert reviewed some metrics with Gloria. Members felt they should wait on this discussion for the budget to be hashed out. Hold for September meeting. APPOINTMENT REVIEW: Presented by Gail Strope. The committee reviewed the recommendations by Mayor Eric Struemph. A motion was made by Henry to approve the following persons for recommendation to the full Council and second by Mihalevich, passed unanimously. Strope is to call Tyler Woods and explain the appointment process.  Cultural Arts Lara Underwood  Cemetery Board Jim Winemiller, Samantha Renner  Historic Preservation Brent Hemphill PUBLIC COMMENTS: None. NEW BUSINESS: Presented by Drew Hilpert. Chapter 2 of the Administration Code seems to be out -of-date and needs some clean-up work. Hilpert is going to work it over the next couple of months and bring forth to the Administration Committee. Some items are redundant between code and charter. When changes are proposed, it gets confusing. The committee members support this. Carroll asked about downtown parking fees. They were updated over time and aren’t clear between the policing districts and the code. A motion was made by Hussey to adjourn the meeting and seconded by Henry. Motion was approved. Meeting was adjourned at 8:29 a.m. The next meeting is set for the 1st Wednesday in September; September 4th at 8 a.m. in the Boone/Bancroft Room at City Hall. CITY COUNCIL ADMINISTRATION COMMITTEE MEETING MINUTES August 14, 2013 ATTENDEES- Council- Carrie Carroll, Jim Branch, Larry Henry, Ken Hussey, Rick Mihalevich; Staff- Jeremy Cover, Janice McMillan, Gail Strope, Nathan Nickolaus, Bill Betts, Bill Lockwood, Cindy Lambert; News Tribune- Madeleine Leroux; Citizen- Roger Schwartze. Meeting came to order at 8:03 a.m AMENDING PERSONNEL POLICY MANUAL, ARTICLE 11, PAID HOLIDAYS : Presented by Gail Strope. Floating Holidays were proposed in the City Administrator’s budget. The Mayor did not include the floating holidays in his budget. During budget meetings, the council members expressed interest in this topic coming to the Administration Committee and ful l council rather than strictly through the budget process. A motion was made by Carroll to send to the Council and a second by Hussey. Carroll, Hussey and Henry voted yes, while Branch voted no. PUBLIC COMMENTS: None. NEW BUSINESS: None. A motion was made by Hussey to adjourn the meeting and seconded by Henry. Motion was approved. Meeting was adjourned at 8:24 a.m. The next meeting is set for the 1st Wednesday in September; September 4th at 8 a.m. in the Boone/Bancroft Room at City Hall. BILL NO. [Bill No.] SPONSORED BY COUNCILMAN _______________________ ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, PERTAINING TO THE FEE FOR DOWNTOWN PARKING ZONES: BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. Schedule Y is amended as follows: 22 267 Downtown Residential Permit Zone permit $21.00 per month 22 267 Downtown Residential Permit Zone permit Washington McCarty Zone $21.00 per month Downtown Residential Permit Zone permit Downtown West Zone $20.00 per month Downtown Residential Permit Zone permit Downtown Central Zone $20.00 per month Section 2. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: Approved: Presiding Officer Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Counselor Rev. 12/31/2011 1 BILL NO. 2013- SPONSORED BY COUNCILMAN ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, REVISING AND UPDATING CHAPTER 2 OF THE CITY CODE. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. Chapter 2 (Administration) Section is hereby deleted and enacting a new Chapter 2 (Administration) as follows: ARTICLE I. GENERALLY DIVISION I. PROVISIONS GENERALLY APPLICABLE Sec. 2-1. City seal. A. The device of the city shall be a design incorporating the images of the capitol dome, the bust of Thomas Jefferson and a river boat. The seal shall be so engraved as to represent by its impression the device aforesaid, surrounded by a scroll, inscribed with the words "Seal of the City of Jefferson, Mo.," in Roman capitals, with the date 1825 at the bottom. B. The seal shall be circular and not more than two (2) inches in diameter. (Code 1977, § 1-11; Ord. No. 9911, § 1, 1-17-83) Sec. 2-2. City Flag. The official flag of the City shall have a color scheme of red, white and blue inspired by the flags of both the State of Missouri and the United States. Featured at the center of a white silhouette of the State of Missouri shall be the dome of the State Capitol. The dome shall appear on a field of red, signifying courage, surrounded by twenty-four white stars on a circle of blue, which symbolizes Jefferson City's role as the Capital of Missouri, the twenty-fourth State of the Union. Passing horizontally across the center of the flag shall be alternating blue and white stripes, whose undulations represent the Missouri River. Above and below the horizontal stripes, set against the background of the white silhouette of the state, in blue lettering shall appear the names "Jefferson City" and "Missouri", respectively. (Ord. No. 11383, § 1, 3-5-90) Rev. 12/31/2011 2 Sec. 2-3. Policy on Records and Access to Records. As section 610.028 (2) provides that each public body shall provide a reasonable written policy in compliance with Missouri’s Sunshine Law, the policy of the City of Jefferson as to its records and access to its records shall be as follows: A. It is the public policy of the city that meetings, records, votes, actions and deliberations of this body shall be conducted in compliance with applicable state statutes. (Ord. 13769, 9-7-2004) B. All information will be released and made available in compliance with applicable state statutes. (Ord. 13769, §1, 9-7-2004) C. All records which are closed by Missouri Statute shall be a closed record pursuant to this policy. The City Counselor is authorized to release a closed record pursuant to a Court Order or, in his or her judgment, legal expediency. D. The bulletin board located in the upstairs hall in City Hall, 320 East McCarty is hereby designated as the official posting board for all council, boards, commissions, and committees releases for both open and closed meetings. Whenever any meeting takes place outside of City Hall, then required postings shall also be posted at the actual location of any such public meeting. (Ord. No. 13418, §2, 8-19-2002) Records Pertaining to Internal Investigations and Investigations of Allegedly Illegal Conduct 1. In order to allow the fullest cooperation by employees and members of the public in investigation of matters wherein an employee of the City is alleged to have engaged in any form of misconduct, all files, records and documents relating to investigations of allegations of misconduct by City employees will be considered to be personnel records and shall be closed records under the custody of the respective department head. 2. In order to protect the integrity and efficacy of investigations of criminal conduct and the safety and well-being of witnesses, complainants, Law Enforcement officials and members of the public who cooperate with investigations, any information acquired by a Law Enforcement Agency by way of a complaint or report of a crime made by telephone contact using the emergency number, “911", shall be inaccessible to the general public and shall only be available upon request by Law Enforcement Agencies or as otherwise provided by law. For the same reasons, records of an administrative department or Law Enforcement Agency relating to reports, accusations or investigations or conduct alleged or believed to be illegal or otherwise contrary to law shall be closed records until: a. The investigation is terminated; or Rev. 12/31/2011 3 b. All suspected wrongdoers have been arrested or charged with an offense; or c. The department head determines that public disclosure of the record would not unreasonably jeopardize such investigation. B. Records Containing Confidential, Proprietary or Private Information 1. In order to protect reasonable expectations of privacy on the part of persons having dealings with the City, records containing information or entries or a personal, confidential, private or proprietary nature, including, but not limited to, income, sales data, financial circumstances, household and family relationships, social security numbers, dates of birth, insurance information, home address, home phone number, and other in formation which reasonable persons generally regard as private and not a customary subject for public discourse, which information or entries have been provided to the City by one complying with regulations requiring the disclosure of such information, shall be excised from copies of City records disclosed or provided to members of the public other than those persons to whom the information or entries pertain. Persons desiring access to information or entries excised from such records may file a supplement ary written request with the City Clerk for disclosure of material to be specified in the request, which request should state: a. Whether or not the requesting party has informed persons to whom the requested information pertains of the request; and b. All reasons why the requesting party believes disclosure by the City of the specified information is in the public interest. 2. The City Clerk may afford all interested parties, including the persons to whom the information pertains, a reasonable time within which to comment on the requested disclosure prior to acting further on the request. If an interested person objects to the disclosure of the requested information, the City Clerk may conduct a hearing at which all interested parties may be heard. At such hearing the Clerk shall consider, among such other factors as may be reasonable and relevant: a. The requirements and intent of State Law, City ordinances and this Section. b. The legitimate expectations of privacy on the part of in terested parties. c. The personal, confidential, private or proprietary nature of this information at issue. d. Whether the information was obtained by the City under compulsion of law or was freely and voluntarily provided by the persons objecting to the disclosure; and e. The public purposes to be served by disclosure of the requested information. If the City Clerk determines that disclosure is legally required or would otherwise serve the best interests of the public and that such requirements or purpose outweigh the legitimate concerns or interest of the persons to whom the information pertains, the Clerk shall provide the requested information to the requesting party. 3. In addition to or in lieu of the hearing described above, the City Clerk may afford all interested parties a reasonable opportunity to seek judicial review of or relief from the proposed disclosure. C. Access by Elected Officials Rev. 12/31/2011 4 No elected official shall have any greater right to access to closed records of the City than the public at large except as to: 1. Minutes of Executive Sessions involving the bodies on which they hold an official seat. 2. Records which the appropriate public body has voted to make accessible to the official. 3. Records required by law to be accessible to the official. (Ord. No. 12246, §1, 3-6-95; Ord. No. 13769, §1, 9-7-2004; Ord. No. 14504, §1, 4-6-2009) Sec. 2-4 Policy Against Discriminatory Practices It is the policy of the City of Jefferson to encourage fair treatment for and to foster mutual understanding and respect among all persons regardless of race, color, ethnicity, religion, national origin, ancestry, sex, disability, familial status, veteran status, or citizenship status, or other forms of protected status established by state or federal law. It is the policy of the City of Jefferson to discourage discriminatory practices against any person in the terms, conditions, or privileges in the provision of city services, access to city services and facilities, or in the investigation of violation of municipal ordinances, state and federal laws in connection therewith, because of race, color, ethnicity, religion, national origin, ancestry, sex, disability, or familial status, veteran status, or citizenship status. The City Council of the City of Jefferson shall use its existing authority to carry out this policy. (Ord. 13184, §1, 4-16-2001) Sec. 2-5 Public Hearings. Unless other procedures are prescribed, all Public Hearings shall be conducted according to the following rules and regulations: A. City staff shall present a brief overview of the issue before the hearing body, including a summary of any prior hearings and the staff’s recommendation if any. B. If the hearing is being conducted as a result of an application filed with the City of Jefferson: 1. The applicant will be given a total of ten (10) minutes to present. This allotted ten (10) minutes may be apportioned between multiple speakers, however the total time may not exceed ten (10) minutes. 2. After the applicant speaks the first person to speak after the applicant shall speak in opposition to the proposal and will be given ten (10) minutes to speak. The opposition as a group may choose a person to speak or it may simply be the first person to speak after the initial proposal. This allotted ten (10) minutes may also be apportioned between multiple speakers, however the initial opposition response will only be ten (10) minutes. 3. After the initial proposal and opposition response, all others wishing to speak will be given five (5) minutes each to speak, in alternating fashion; five (5) minutes for support then five (5) minutes for opposition, continuing until all that wish to be heard have been heard. 4. After all who desire to speak have been given an opportunity to be heard, the applicant shall be given to opportunity for an additional five (5) minutes to speak. C. If the hearing is not being conducted as a result of an application filed with the City of Jefferson the officer conducting the hearing shall open the hearing and each person wishing to speak shall be given five (5) minutes to voice their opinion. D. No person shall be allowed to speak a second time without an affirmative vote of the majority of the hearing body except as provided in Section B4. Rev. 12/31/2011 5 E. After everyone in attendance has been afforded the opportunity to be heard, the presiding officer shall close the hearing. F. After the hearing has been closed: 1. The hearing may not be reopened for additional testimony unless there is a proper motion and second for the same followed by an affirmative vote of two-thirds (2/3) of the members of the hearing body; and 2. The Staff shall recite any findings required to be made by the hearing body. (Ord. No. 14647, §1, 3-1-2010 Previously codified as section 2-30) Sec. 2-6. Papers and documents. No members of the public including of the council or any other person shall take any paper or document from the clerk's office without leave, and all papers and document withdrawn therefrom, with leave, shall be returned by the person withdrawing the same. All papers or documents delivered to a committee or officer by the clerk, for the purpose of reporting thereon, shall be returned by the committee or officer at the time of making the report. (Code 1983, § 2-50; Ord. No. 10204, § 1, 5-21-84 Previously codified as section 2-48) Secs. 2-7 - 2-19. Reserved. DIVISION II. PERSONNEL POLICIES Sec. 2-20. Compensation of officers and employees. A. The compensation of all officers and employees of the city shall be established by the council. B. The compensation for elected officials shall be as follows: Mayor - $900/month Councilman - $450/month City Prosecutor - $2,916.67/month Municipal Judge -$2,083.33/month (Ord. No. 11380, §2, 2-19-90; Ord. 14131, §1, 10-16-2006; Ord. 14178, §3, 4-2-2007) C. In addition to the monthly salaries elected officials may be reimbursed for actual and necessary expenses incurred on behalf of the city. D. No elected official shall receive any health benefit on or after April 17, 1995, other than the right, if otherwise eligible, to participate in any health plan offered by the City at the official's sole expense. E. No elected official shall receive any retirement benefits for their service to the City on or after April 17, 1995. If an elected official is otherwise eligible for retirement benefits offered by the City, they may participate in that program at their own cost. Any official who is otherwise qualified for a retirement benefit due to their service to the city up to and including April 17, 1995, shall remain entitled to that benefit as determined on that date. Rev. 12/31/2011 6 (Code 1977, § 28-7.5; Code 1983, § 2-109; Ord. No. 12228, §1, 1-23-95, approved by vote 4-5-95 Previously codified as section 2-108) Sec. 2-21. Nepotism. A. For the purposes of this section, the following terms shall have the following meanings: 1. Elected city officials: The mayor, city prosecutor, city councilmen, and municipal judge. 2. Relative: Spouse, father, mother, son, daughter, grandfather, grandmother, grandson, granddaughter, brother, sister, half brother, half sister, uncle, aunt, niece, nephew, father -in-law, mother-in -law, sister-in-law or brother-in-law. 3. Appointed city officials: The city administrator, director of public works, police chief, director of planning and code enforcement, finance director, city counselor, fire chief, director of parks and recreation, and city clerk. (Ord. No. 11904, § 4, 5-17-93) B. No officials, elected or appointed, shall employ any person on behalf of the city who is a relative of any elected official of the city while such elected official is still holding the elected office for the city. C. Upon receipt of information that a relative of an elected official has been employed by the city, or more than one relative has been employed within the same department, the mayor shall notify such elected official and the relatives within five (5) days. If, after an investigation, the mayor determines such fact to be true, he shall order such persons dismissed. D. The provisions of this section shall not apply to any person employed by the city before September 1, 1979. E. All appointed city officials will be subject to the provisions of the personnel rules and regulations adopted by ordinance. (Code 1977, § 2-5; Ord. No. 9311, § 1, 7-16-79; Ord. No. 9723, § 1, 12-21-81; Code 1983, § 2-110 Previously codified as section 2-109) State law reference - Const., Art. VII, § 6. Sec. 2-22. Official bonds. Whenever an official bond is required by ordinance to be filed by elective or appointive officers of the city, such bond shall be in the form of a surety bond, issued by some company licensed to do business in the state and in such sum as may now or hereafter be designated by law or ordinance required. Such bond shall contain the conditions now or hereafter prescribed by law or ordinance, and the premium or cost of su ch bond shall be paid by the city. Official surety bonds as may be required by this Code or other city ordinance shall be approved by the city counselor and then shall be filed in the office of the city clerk. (Code 1977, §§ 2-1, 2-2; Code 1983, § 2-111 Previously codified as section 2-110) State law reference - Official bonds, RSMo. §§ 77.390, 77.480, 77.320. Sec. 2-23. Administration of oaths. Rev. 12/31/2011 7 The mayor or president pro tempore of the city council, municipal judge, and city clerk are hereby authorized and empowered to administer oaths and affirmations in the following cases: A. The mayor or president pro tempore of the city council may administer oaths and affirmations to witnesses or other persons touching any subject under consideration by the council in which the interest of the city is involved. B. The municipal judge may administer oaths and affirmations to witnesses, jurors or other persons relating to any trial or other proceedings within the jurisdiction of his court, or to any elective or appointive officer as to his official oath. C. The city clerk may administer oaths and affirmations to any person certifying to any demand or claim against the city, touching the correctness of such demand or claim or to any witness or juror in any condemnation proceeding, or any elective or appointive officer as to his official oath. (Code 1977, § 2-3; Code 1983, § 2-112 Previously codified as section 2-111)) State law references - Similar provisions; mayor, president pro tempore, RSMo. § 77.100; municipal judge, RSMo. § 77.070; city clerk, RSMo. § 77.480. Sec. 2-24. Corrupt allowance of claim. Any member of the council or officer of the city who shall, in his official capacity, or under color of his office, knowingly or willfully or corruptly vote or assent to, or report in favor of, or allow or certify for allowance, any claim or demand against the city, which claim or demand shall be on account of or u nder color of a contract or agreement not authorized by law and the ordinances of the city, shall be deemed guilty of a misdemeanor. If any city officer shall be directly or indirectly interested in any contract under the city, or in any work done by the city, or in furnishing supplies for the city, or for any of its institutions, he shall be deemed guilty of a misdemeanor. (Code 1977, § 2-4; Code 1983, § 2-113 Previously codified as section 2-112)) State law reference - Similar provisions, RSMo. §§ 77.460. Charter reference - 12.1. Sec. 2-25. Indemnification and representation in actions. A. Any officer or employee who is liable for the payment of any claims or damages arising out of th e course and scope of employment shall be entitled to indemnification by the city; provided, that the acts or omissions resulting in such liability were done in good faith and without malicious or felonious intent. Whether the acts were done in good faith, without malicious or felonious intent, and within the course and scope of employment shall be determined by the city, and such determination shall be final for the purposes of the representation and indemnity of this section; provided, however, that in the event such representation and indemnity have been denied by the city, if upon a trial on the merits the city determines that the officer or employee was acting in good faith, without malicious or felonious intent and within the scope of employment, the indemnification hereunder shall be granted and reasonable legal expenses incurred in the defense of the claim reimbursed. The city shall not be liable for any settlement of any such claim or suit effected without its consent, and the city reserves the right to assert any defense and make any settlement of any claim or suit that it deems expedient. B. The city shall have the right and duty to provide legal representation through the city counselor, or in its discretion through the selection of outside legal counsel, to any officer or employee sued in connection with any claim for damages or other civil action against such person arising out of the course and scope of employment; provided, that such officer or employee is entitled to indemnification as set f orth in this Rev. 12/31/2011 8 section. Such legal representation shall be provided at no cost to the officer or employee, and any officer or employee may have his or her own counsel assist in the defense at the sole expense of the officer or employee. The officer or employee shall cooperate fully with the city in preparation and presentation of the case, and the failure to cooperate shall waive such officer's or employee's right to representation and indemnity under this section. (Code 1983, § 2-114; Ord. No. 10544, § 1, 12-2-85 Previously codified as section 2-113) Sec. 2-26. Holidays. A. The following shall be observed as city holidays: New Year's Day. Martin Luther King, Jr.'s birthday. Harry S Truman's Birthday. Memorial Day. Independence Day. Labor Day. Veteran's Day. Thanksgiving Day Friday after Thanksgiving. Christmas Day. Any other day that the Mayor may from time to time designate. (Code 1983, § 2-115; Ord. No. 10607, § 1, 4-7-86 Previously codified as section 2-114)) B. The Mayor may authorize additional days to close some or all City offices if he determines good cause for the same and there is available funding within the current budget to pay for the same. Sec. 2-27. Financial Disclosure Policy and Conflicts of Interest. A. Declaration of Policy. The proper operation of municipal government requires that public officials and employees be independent, impartial and responsible to the people; that government decision s and policy be made in the proper channels of the governmental structure; that public office not be used for personal gain; and that the public have confidence in the integrity of its government. In recognition of these goals, there is hereby established a procedure for disclosure by certain officials and employees of private financial or other interests in matters affecting the city. B. Definitions. For the purposes of this section, the following words and phrases shall have the meanings respectively ascribed to them by this section: 1. Business Entity: A corporation, association, firm, partnership, proprietorship, or business entity of any kind or character; 2. Substantial Interest: Ownership by the individual or his spouse, or his dependent chi ldren, whether singularly or collectively, directly or indirectly, of ten percent or more of any business entity, or of an interest having a value of ten thousand dollars or more, or the receipt by an individual or, his spouse, or his dependent children, whether singularly or collectively, of a salary, gratuity, or other compensation or remuneration of five thousand dollars, or more, per year from any individual partnership, organization or association within any calendar year. C. Conflicts of Interest. No elected or appointed official who has a financial or private substantial interest concerning any business of the city shall participate in discussion with the city council or any officer or Rev. 12/31/2011 9 official body of the city government. D. 1. A mayor or member of th e city council who has a substantial financial or other private interest in any bill shall disclose on the records of the city council the nature of his interest and shall disqualify himself from voting on any matters relating to this interest. (Ord. No. 11620, § 1, 8-20-91; Ord. No. 11959, § 1, 9-7-93; Ord. 12133, § 1, 8-15-94; Ord. 12321, § 1, 8-7-95; Ord. No. 12641, § 1, 8-4-97; Ord. No. 12789, § 1, 8-17-98; Ord. No. 12968, §1, 8-16-99; Ord. No. 13081, §1, 7-17-2000; Ord. No. 13241, § 1, 8-20-2001; Ord. No. 13923, §1, 8-15-2005 Previously codified as section 2-115)) E. No employee of the City Department of Public Works shall be engaged in or directly or indirectly connected with the furnishing of labor, materials, or appliances for the construction, alt eration, or maintenance of a building, or the preparation of plans or specifications thereof, unless he is the owner of the building; nor shall any employee engage in any work which conflicts with his official duties or with the interests of the City department. (Ord. No. 14829, §2, 8-1-2011 Previously codified as section 2-555) Sec. 2-28 - 2-39. Reserved. DIVISION III. General Provisions applicable to all elected officials. PART A. Oath and Expenses. Sec. 2-40. Oath. Before entering upon the duties of his office, every elective officer of the city shall take and subscribe an oath or affirmation before some court of record of the county, the city clerk or municipal judge, that he possesses all the qualifications prescribed for his office by law, that he will support the Constitution of the United States and of the state, the provisions of all laws of this state affecting Constitutional Charter cities and this Code and other ordinances of the city and faithfully demean himself in office, which official oath or affirmation shall be filed with the city clerk. (Code 1977, § 2-89 Previously codified as section 2-139) State law reference - Similar provisions, RSMo. § 77.390. Sec. 2-41. Reimbursement of expenses. A. Subject to approval as required under the Charter, elected officials shall be reimbursed for expenses according to established rules and allowances as set out in the Personnel Policy Manual of the City. In addition, elected officials may be reimbursed for attending or hosting local meals during which official City business is conducted. B. No elected official shall be authorized to use a credit card issued in the name of the City of Jefferson. C. Travel. Elected officials who desire to attend meetin gs and conferences may do so without prior approval provided said funding is included within the current approved budget, and provided that if the travel expense exceeds the budgeted amount at the time, the elected official shall reimburse the City the amount which exceeds the budget. Any direct reimbursement associated with travel shall be subject to approval as set out in Sections 3.3 and 4.2 of the Charter. Rev. 12/31/2011 10 D. Limitation on number attending same conference. The number of Council members attending the sa me conference shall be limited to two Council members and the Mayor or three Council members in the event the Mayor chooses not to attend. The Missouri Municipal League Conferences which are held in -state shall be excluded from this restriction. (Previously codified as section 2-140) Sec. 2-41 - 2-49. Reserved. PART B. SUSPENSION AND REMOVAL Sec. 2-50. Grounds for suspension. The mayor is hereby empowered to suspend from office any elective officer except a council member of the city, and with the consent of a majority of all the members elected to the city council, may remove from office any elective officer of the city for willful violation of his official obligations, for any culpable official negligence or dereliction of duty, for any conduct inconsistent with his official character and duty or for official incompetency. A council member may be suspended upon a vote of six members of the council if he falls within the prohibitions of Article 3, Section 3.6 (b) of the charter of the City of Jefferson, Missouri. (Code 1977, § 2-130 (Previously codified as section 2-226) State law reference - Similar provision, RSMo. § 77.340. Charter reference - 3.6 Sec. 2-51. How suspension effected; amendment of charges. Suspension, as provided for in section 2-226, shall be effected by a written order to that effect, signed by the mayor and by him filed in the office of the city clerk. Such order shall be accompanied by a written specification of the charges enumerated in section 2-226 on which such order is founded, formulated in such manner and with such reasonable precision and detail as shall fully apprise the accused of the particular charges he is to defend against, and signed by the mayor, a certified copy of which order and specifications of charges shall be forthwith made by the clerk, under the seal of the city, and delivered to the chief of police or to some policeman who shall forthwith deliver it to the officer suspended, or leave it at the usual place of abode of such suspended officer, or with a member of his family over the age of fifteen (15) years. The officer serving such order and charges shall make his return on the specification of charges filed by the mayor aforesaid, when, where and how he served such order and charges, and sign his name thereto. Upon the filing by the mayor of such order of suspension and such specification of charges, and service of the same on the accused as herein directed, such accused officer shall stand suspended from office until reinstated as provided by this division. Such specifications of charges shall not be subject to amendment after service of the same on the accused as herein provided. (Code 1977, § 2-131 (Previously codified as section 2-227) Sec. 2-52. Official acts by suspended officer. Any officer of the city who shall, during suspension from office, perform or attempt to perform any official duty shall be deemed guilty of a misdemeanor. (Code 1977, § 2-132 (Previously codified as section 2-228) Rev. 12/31/2011 11 Sec. 2-53. Preferring of charges by mayor. Whenever any officer has been suspended provided in section 2-226, the mayor shall lay the specification of charges by him filed with the city clerk before the city council, at the first regular meeting thereafter, or at a special meeting of the council called for that purpose, and the council shall, without unnecessary delay, proceed to investigate such charges upon a day by them fixed. Such day shall be fixed by resolution of the council entered upon the journal, whereupon the city clerk shall forthwith make out a certified copy of such resolution, as well as another certified copy of such specification of charges, all under the seal of the city, and deliver a copy of such resolution and charges to the chief of police, or to some policeman who shall forthwith deliver a copy of such resolution and charges to the officer suspended, or leave a copy of such resolution and charges at the usual place of abode of such suspended officer with a member of his famil y over the age of fifteen (15) years, and the officer serving such copy shall make his written return of such service opposite such resolution, on the margin of the journal of the council, how, when and where he served such copy and subscribe his name ther eto. (Code 1977, § 2-133 (Previously codified as section 2-229) Sec. 2-54. Preferring of charges by council. The city council, by a resolution adopted by a vote of seven members, may prefer any of the charges specified in section 2-226 against any elective officer of the city. Such resolution shall specify the charges, with the same particularity and detail as in case of specification of charges filed by the mayor, and shall specify the time when such charges will be investigated by the council, and shall be spread at large upon the journal of the council. The city clerk shall, without delay, make out a certified copy of such resolution, under the seal of the city, and deliver the copy of such resolution to the chief of police, or to some policeman who shall forthwith deliver the copy of such resolution to the accused, or leave such copy at his usual place of abode, with a member of his family over the age of fifteen (15) years. Such officer serving such resolution shall certify in writing, opposite the copy of such resolution on the margin of such journal of the council, how, when and where he served the copy of such resolution and subscribe his name thereto. Such resolution shall not be subject to amendment after being served upon the accused as herein provided. From the time of such service on him of such resolution, such accused officer shall stand suspended from office until reinstated, as hereinafter provided by this division. The conduct and proceedings pertaining to an investigation under his section shall be carried on in the same manner as is provided by this division for investigation of charges preferred by the mayor. As soon as all the evidence has been taken on charges preferred by the council, and the case submitted, the council shall vote by yeas and nays upon the charges separately. The question upon each charge shall be: "Is the accused guilty?" If the council, by a vote of seven members who hear all of the evidence, finds the accused guilty, the council may then, by resolution with a vote of seven members, remove the accused from office and declare his office vacant. (Code 1977, § 2-134 (Previously codified as section 2-230) Sec. 2-55. Reinstatement. If the accused should not be found guilty, or should not be removed from office as herein provided, he shall be reinstated by the mayor or council, as the case may be, having preferred the charge. (Code 1977, § 2-135 (Previously codified as section 2-231) Sec. 2-56. Official acts by removed officer. Rev. 12/31/2011 12 Every elective officer of the city, after being removed from office, shall be notified of such fact in writing by the mayor, or president pro tempore of the council in case the mayor is the accused, and every such officer, after having been removed from office and having notice of such removal, who shall perform any official act, or attempt to perform any official act, as such officer shall be deemed guilty of a misdemeanor. (Code 1977, § 2-136 (Previously codified as section 2-232) Sec. 2-57 Accused not to participate. Should any charges under this division be preferred against any member of the city council, the mayor or any other elective city officer, such accused officer shall not be permitted to participate other than as a defendant in the trial proceedings, or issue or serve any process in relation thereto, and if the mayor is the accused, the president pro tempore of the council shall preside and discharge the duties of the mayor under this division. (Code 1977, § 2-147 (Previously codified as section 2-233) Secs. 2-58 - 2-59. Reserved. PART C. TRIAL Sec. 2-60. Procedure generally. At the time set for the hearing provided for in this division, the council shall meet and proceed, according to such rules as they may adopt and as herein provided, to hear the evidence against and in favor of the accused, and may adjourn from time to time, if necessary, until all the evidence is heard. The city council shall determine all questions of law arising during the trial upon the admi ssion of evidence, the competency of evidence and otherwise. (Code 1977, § 2-137 (Previously codified as section 2-245) Sec. 2-61. Subpoenas for witnesses. Subpoenas for witnesses to testify at any trial as provided by section 2-245, may be issued by the mayor, or by the president pro tempore of the council in case the mayor is the accused, and shall be served and returned by any proper officer of the city or of the county, in the same manner as if issued by the municipal judge, and such officer and witnesses shall be entitled to the same fee as would be allowed for like services in the municipal court. (Code 1977, § 2-138 (Previously codified as section 2-246) Sec. 2-62. Subpoenas, oaths, etc. The council shall have power, by a vote of seven of its members, to compel the attendance of witnesses and the production of papers relating to any subject under consideration, in which the interests of the city are invol ved or for the purpose of such investigation, and shall have a right to issue an attachment and call on the proper officer of the city, or any sheriff or constable in the county, to execute such process. The mayor, or in case the mayor is the accused, the president pro tempore of the council, shall have power to administer oaths to witnesses in all proceedings before the council under this division. (Code 1977, § 2-247) Sec. 2-63. Failure of accused to appear. Rev. 12/31/2011 13 If the accused shall not appear or, when appearing, shall fail or refuse to make defense to the charges preferred against him, the council may proceed "ex parte." (Code 1977, § 2-140 (Previously codified as section 2-248) Sec. 2-64. Oaths of council, council president and witnesses. At the time and place appointed for the trial, and before proceeding therewith, the mayor, or in case the mayor is the accused, the president pro tempore of the council, shall administer to the members of the council there present, and the municipal judge shall at the same time administer to the mayor, or in case the mayor is the accused, to the president pro tempore of the council, an oath or a ffirmation, impartially to try and determine the charges and do justice according to law and the evidence. The officer presiding at the trial shall administer the usual oath to all witnesses. (Code 1977, § 2-141 (Previously codified as section 2-249) Sec. 2-65. Depositions. Depositions of witnesses beyond the jurisdiction of the council, or prevented by sickness or other sufficient cause from attendance, may be read at the trial and investigation, if taken in conformit y with the laws of this state. The notice of taking thereof, when taken on behalf of the accused, shall be served upon the city counselor or the mayor. (Code 1977, § 2-142 (Previously codified as section 2-250) Sec. 2-66. Right of accused to counsel. Upon any such trial the accused shall be entitled to be heard by himself and his counsel in his defense. (Code 1977, § 2-143 (Previously codified as section 2-151) Sec. 2-67. Prosecuting attorney. It shall be the duty of the city prosecutor to manage and prosecute all trials on behalf of the city for the removal of any city officer, unless he is the accused, in which event the council shall appoint a competent attorney, who shall be a qualified voter of the city, to act in his stead during the trial proceedings. (Code 1977, § 2-144 (Previously codified as section 2-252) Sec. 2-68. Proceedings to be entered on journal of council. The proceedings of the council in all such cases as provided for in this division shall be entered upon the journal of the proceedings of the council. (Code 1977, § 2-145 (Previously codified as section 2-253) Sec. 2-69. Verdict. As soon as all the evidence has been taken and the case submitted, the council shall vote by yeas and nays Rev. 12/31/2011 14 upon the charges separately. The question upon each charge shall be: "Is the accused guilty?" I f the elected official had been accused by the mayor and if six members of the council find the accused guilty of any of the charges, then the official accused shall be removed from office. If the elected official had been accused by the council and if seven of the members of the council find the accused guilty of any of the charges, the official accused shall be removed from office. (Previously codified as section 2-254) Secs. 2-70 - 2-79. Reserved. Rev. 12/31/2011 15 DIVISION 4. LOCAL GOVERNMENT RETIREMENT SYSTEM Sec. 2-80. Participation of eligible city employees. The city hereby elects to have covered by the Missouri Local Government Employees' Retirement System all its eligible employees in the following classes: Present and future general employees and present and future policemen. Such coverage shall specifically exclude all firemen. (Code 1977, § 28-8 (Previously codified as section 2-125) State law reference - Authority of city to join Missouri Local Government Employees' Retirement System, RSMo. § 70.610. Sec. 2-81. Prior employment considered for prior service credit. The city elects that one hundred (100) percent of prior employment shall be considered for prior service credit in computing benefits and contributions to the Missouri Local Government Employees' Retiremen t System. (Code 1977, § 28-9 (Previously codified as section 2-126) State law reference - Prior service credit, RSMo. § 70.640(2). Sec. 2-82. Election of Benefit Program LT-8. The city hereby elects Benefit Program L-6 two (2) percent in accordance with the provisions of Sections 105.660 and 105.685 RSMo. 1994. Such election shall be effective on July 1, 2002.. (Ord. No. 10519, 10-22-85; Ord. No. 11160, 2-13-89; Ord. 13739, §1, 7-6-2004 (Previously codified as section 2- 127) Secs. 2-128 - 2-150. Reserved. ARTICLE II. MAYOR AND CITY COUNCIL DIVISION I. MAYOR Sec. 2-151 Office of the Mayor. A. The qualifications to be Mayor shall be as set out in the City Charter. B. Any vacancy in office shall be determined as set out in the City Charter. C. They Mayor’s powers shall be as set out as in the Charter and further as provided in the City Code. (Combines sections previously codified in 2-151, 2-152, 2-153) Sec. 2-152. Duty to sign appointments. Rev. 12/31/2011 16 The mayor shall sign the commissions and appointments of all the officers elected or appointed in the city. (Code 1977, § 2-95; Code 1983, § 2-156 (Previously codified as section 2-154)) State law reference - Similar provisions, RSMo. § 77.320. Sec. 2-153. Access to records; reports to council. The mayor is hereby authorized to require, as often as necessary, any officer of the city to exhibit accounts or other papers, and to make report to the council, in writing, touching any subject or matter. (Code 1977, § 2-98; Code 1983, § 2-158 (Previously codified as section 2-155)) State law reference - Similar provisions, RSMo. § 77.310. Sec. 2-154. Duty to sit with county board of equalization. The mayor or the mayor's designee shall sit with the county board of equalization when such board is passing upon the assessment of city property. (Code 1977, § 2-102; Code 1983, § 2-161 (Previously codified as section 2-156)) State law reference - Similar provisions, RSMo. § 94.010. Sec. 2-155. Confirmation of appointees of mayor. When a nomination for office is required to be approved by council, the mayor shall submit the nomination to the council at least forty-eight (48) hours prior to the council meeting at which the nomination is to be considered. The nomination shall not be open to the public unless the council votes to make it public. No person so nominated shall be appointed without the approval of six of the members of the council. (Code 1983, § 2-72; Ord. No. 10204, § 1, 5-21-84 (Previously codified as section 2-70)) [RECOMMEND DELETING –COUNCIL MAY ALWAYS JUST NOT VOTE IF THEY DON’T HAVE TIME Secs. 2-155 – 2-169-. Reserved. DIVISION II. CITY COUNCIL Sec. 2-170 City Council. The qualifications and eligibility to hold the office of City Council, the Election and Terms of office of a Councilperson, the office of City Council President and President Pro Tempore, and any vacancy of office shall be as set out in City Charter. (Combines sections previously codified in 2-14, 2-15) Sec. 2-171. Journal; authority to prescribe and enforce rules. The council shall cause to be kept a journal of its proceedings, and the ayes and nays of the members shall be entered on any question at the desire of any two (2) members. The council may prescribe and enforce such rules as may be necessary to secure the attendance of its members and the expeditious transaction of its business. (Code 1977, § 2-10 (Previously codified as section 2-16) State law reference - Similar provisions, RSMo. § 77.090. Rev. 12/31/2011 17 Sec. 2-172. Subpoenas; oaths. By a two-thirds vote of its members, except when otherwise provided by ordinance, the council may compel the attendance of witnesses and the production of papers relating to any subject under consideration in which the interest of the city is involved, and to that end may authorize subpoenas to be issued by the city clerk and require the chief of police or any policeman to serve the same. The presiding officer of the council is hereby authorized to administer oaths or affirmations to such witnesses. (Code 1977, § 2-13 (Previously codified as section 2-17)) State law reference - Power of council to issue subpoenas and administer oaths, RSMo. § 77.100. Sec. 2-173. Power to exempt from taxation, Except as otherwise provided by statute, the council shall have no power to relieve any person from the payment of any tax, or exempt any person from any assessment or other burden imposed upon him. (Code 1977, § 2-14 (Previously codified as section 2-18)) State law reference - Similar provisions, RSMo. § 94.050 Secs. 2-173 - 2-189. Reserved. DIVISION III. MEETINGS OF THE CITY COUNCIL Sec. 2-190. Regular meetings. Regular meetings of the council shall be held on the first and third Monday evenings of each month at 6:00 p.m. unless otherwise set by motion of the council. (Ord. No. 10204, § 1, 5-21-84; Ord. No. 13013, §1, 1-3-2000 (Previously codified as section 2-41)) Charter reference - 3.11 (a) Sec. 2-191. Special meetings. The council shall meet regularly at least once each month at such times and places as the council may prescribe by rule. The mayor may upon his own motion call a special meeting. At the request of three members of the council, the mayor shall call a special meeting of the council. When a special meeting is called, the city clerk will notify each member in writing at least twenty-four hours prior to the day and hour fixed for the meeting. Special meetings of the council may also be held at any time by the consent of a majority of the members of the council. All meetings of the council shall be public meetings except that meetings may be closed pursuant to law. (Ord. No. 10204, § 1, 5-21-84 (Previously codified as section 2-43)) State law reference - Notice of public meetings, RSMo. § 610.020. Charter reference - 3.11 (a) Sec. 2-192. Attendance required. Members are required to attend all meetings unless otherwise excused by the council or unless unable to attend because of conditions beyond the control of that member. Rev. 12/31/2011 18 (Ord. No. 10204, § 1, 5-21-84 (Previously codified as section 2-44)) Section 2-193. Agenda. A. Any Council person shall be entitled to have on the agenda any bills or resolutions which they have sponsored. B. The initial Agenda for all City Council meeting shall be set by the City Administrator which shall included at least all bills and resolutions submitted by a Councilperson or Council Committee. C. Prior to the start of the City Council meeting for which the agenda is set, the Council shall approve by voice vote the agenda or make any amendments to the agenda approved by a majority of the Council which are present at the time of the vote. Sec. 2-194. Quorum; roll call. Six members of the council shall be a quorum. The names of the members shall be called alphabetically at the beginning of each meeting and the absentees noted. (Ord. No. 10204, § 1, 5-21-84 (Previously codified as section 2-43) Charter reference - 3.11 (c) Sec. 2-195. Call to order. At the hour designated for council meetings, the mayor, or in the absence of t he mayor the president pro tempore, shall call the council to order and. Aafter the prayer and roll call, determine if a quorum is present, preserve order and decorum and decide all questions of order, subject to an appeal to the council, appoint all committees, subject to the concurrence of the council, the appointment or election of which is not otherwise provided for by law or ordinance. (Ord. No. 10204, § 1, 5-21-84 (Previously codified as section 2-45) State law reference - Powers and duties of mayor generally, RSMo. § 77.250 et seq. Charter reference - 4.4 Sec. 2-196. Citizens' participation. At each and every regularly scheduled Council meeting, a period shall be allotted for persons to address the Council. These presentations shall not require any sign -up prior to appearance, but it is suggested that iIndividuals wishing to participate shall notify the City Clerk 15 minutes prior to beginning of the Council meeting. Priority for speaking will be given to those who contact the Clerk at the earliest time. On any specific issue, there will be a *15 minute time limit for all speakers combined, which time limit may be extended with the consent of the Council. Each speaker shall be limited to the a five minute time period identified on the agenda, which time may be extended by the consent of the Council. Individuals who are not residents of the City may address the Council during this period of time, subject to a motion supported by a majority of the Cou ncil to omit the appearance of non- resident speakers. (Ord. No. 11836, § 1, 12-17-92; Ord. No. 11978, § 1, 10-4-93; *cross ref. Ord. No. 13013, § 1, 1-3-2000; Ord. No. 13553, §1, 6-2-2003 (Previously codified as section 2-29) Sec. 2-196. Conduct of closed meetings. Rev. 12/31/2011 19 A. Closed meetings shall be conducted in compliance with applicable state statutes. (Code 1983, § 2-71; Ord. No. 10204, § 1, 5-21-84; Ord. No. 10640, § 1, 5-7-86; Ord. No. 11864, § 1, 3-1-93; Ord. No. 13418, §1, 8-19-2002; Ord. No. 13769, §2, 9-7-2004 (Previously codified as section 2-69) Sec. 2-197. Limits on Consent Agenda. A. The Council may approve all items placed within the Agenda under an item marked “Consent Agenda”. The consent Agenda shall be for matters which are routine, not expected to entertain debate, and/or pertain to renewal of an issue which has already been previously approved by the Council, such as: 1. Acceptance of minutes; 2. Approval of bids. 3. Renewal of multiple year contracts; 4. Any other item specifically authorized to be on the consent agenda in the City Code. 5. Any other item which meets the criteria set forth above. B. Any item may be removed from the Consent agenda at the request of any two (2) councilmembers. Any item removed from the Consent Agenda shall be voted on separately immediately following the vote on the Consent Agenda. C. All items on the consent agenda may be collectively approved by voice vote after a motion and second to approve by any councilperson. Authorization to award a bid may be placed on the consent agenda for approval by the Council which involves the expenditure of City funds less than fifty thousand dollars ($50,000), unless such item will also require a formal council vote by ordinance to approve a contract or to otherwise cause the expenditure. In addition to the preceding limitation no such bid shall appear on the agenda unless at least five (5) business days pr ior to the meeting information about the bid, including the bid tabulation has been given to the Council. (Ord. 11069, § 1, 7-18-88; Ord. 12029, § 1, 2-21-94; Ord. 14866, §1, 10-17-2011) (Previously codified as section 2-73)) Secs. 2-198 - 2-199. Reserved. DIVISION VI. RULES OF PROCEDURE AT CITY COUNCIL MEETINGS Sec. 2-200. Scope The rules contained in this division, together with such other rules as may be adopted from time to time by ordinance or resolution, shall govern the meetings and proceedings of the city council. (Code 1977, § 2-16 Previously codified as section 2-40) Sec. 2-201. Robert's Rules of Order. The rules of parliamentary practice comprised in "Robert's Rules of Order, Newly Revised," 10TH Edition by Henry Robert III, William J. Evans, Daniel H. Honemann, Thomas J. Blach, shall govern the council in all cases in which they are applicable and not inconsistent with the standing rules and orders of the council and the same shall be taken as authority in deciding questions not otherwise provided for in this division. (Code 1983, § 2-74; Ord. No. 10204, § 1, 5-21-84 (Previously codified as section 2-72). Rev. 12/31/2011 20 Sec. 2-202. Suspension, amendment, etc., of rules; introduction of new rules. A single councilperson may request the temporary suspension of any rule. Upon such request the Mayor shall ask for any objections from the Council. Thereafter the These rules shall may be temporarily suspended unless at least two (2) members voice objection vote to oppose the suspension. The rules shall not be repealed, unless by concurrence of seven (7) members of the council. No standing rule or order of the council shall be rescinded or changed, or new rules introduced, unless notice of the meeting therefore shall have been given at a preceding meeting. No rule required by Charter or State law shall be suspended. (Code 1983, § 2-51; Ord. No. 10204, § 1, 5-21-84 (Previously codified as section 2-49) [comment – this does technically lower the threshold] Sec. 2-203. Speaking. A. Recognition. When a member wishes to speak, the member shall raise his or her hand bu t shall not proceed with any remarks until recognized and named by the chair. Once recognized, the member may speak from either a standing or sitting position. B. Two or more seeking recognition at once. When two (2) or more members seek recognition at th e same time, the presiding officer shall name the person who is to speak first, the other member, or members, having preference next to speak. Once the member knows that he has acknowledgment from the chair, the member may be seated and then wait to be called. C. Disrespectful speaking. No member shall speak more than once until every member choosing to speak shall have spoken. In all discussion disrespectful language or personalities shall be avoided. D. Interruption. When a member is speaking, other members shall not hold private discourse, pass between the speaker and the chair, or in any other manner interrupt the speaker. E. Calling to Order. A member of the council called to order shall immediately sit down, unless permitted to explain. If there is no appeal, the decision of the chair shall be conclusive, but if a member appeals to the council from the decision of the chair, the council shall decide the question without debate (Code 1983, § 2-52; Ord. No. 10204, § 1, 5-21-84; Ord. No. 11832, § 1, 12-17-92; Ord. No. 13553, §2, 6-2-2003 (Previously codified as sections 2-50, 2-51, 2-52, 2-53, 2-54) Sec. 2-204. Voting.. A. The Council shall vote by roll call vote upon any ordinance, or resolution, or upon a ny matter required by state law for roll call vote. B. On all other motions shall be called by voice vote . If the presiding officer is in doubt, a roll call vote shall be taken. C. Section 2-204B notwithstanding, If any two (2) members require it, the yeas and nays upon any question shall be taken and entered on the minutes, but the yeas and nays shall not be taken unless called for previous to any vote upon the question. (Code 1983, § 2-68; Ord. No. 10204, § 1, 5-21-84 (Section C Previously codified as section 2-49). D. If the Mayor is not presiding at a meeting where a tie vote occurs, the Councilmember who is the chair of the meeting may not vote a second time as the Chair to break the tie. Sec. 2-205. All members present when question stated to vote; exceptions. Every member who shall be present when a question is stated by the chair shall vote thereon. (Code 1983, § 2-57; Ord. No. 10204, § 1, 5-21-84; Ord. 13812, §1, 12-20-2004 (Previously codified as section 2- 55)) Rev. 12/31/2011 21 Sec. 2-206. Motions. A. When a lengthy motion or formal resolution is made, it shall be handed to the clerk, and be read aloud by the clerk before it is debated. B. Every motion shall be reduced to writing if the chair or a majority of members demands it. (Code 1983, § 2-58; Ord. No. 10204, § 1, 5-21-84; Ord. No. 12320, §3, 7-24-95) (Previously codified as section 2-56)) Sec. 2-206. Withdrawal of motion or resolution. After a motion or resolution is stated by the presiding officer or read by the clerk, it shall be deemed to be in possession of the council, but may be withdrawn at any time before a decision or amendment. After such decision or amendment, such motion or resolution may be withdrawn only by consent of the council. (Code 1983, § 2-59; Ord. No. 10204, § 1, 5-21-84 (Previously codified as section 2-57)) Sec. 2-207. Amendments or substitutes for pending motions or propositions. No new motion or proposition shall be admitted under color of an amendment, or a substitute for the pending motion or proposition, which does not relate to the subject matter of the original motion or proposition. (Code 1983, § 2-60; Ord. No. 10204, § 1, 5-21-84 (Previously codified as section 2-58)) Sec. 2-208. Motions or propositions permitted when question under debate. When a question is under debate, no motion or proposition shall be entertained, except for the previous question, to postpone indefinitely, to amend, to refer to a standing or special committee or to an officer of the city, to lay on the table, or to adjourn. (Code 1983, § 2-61; Ord. No. 10204, § 1, 5-21-84 (Previously codified as section 2-59)) Sec. 2-209. Motion to adjourn. A motion to adjourn shall always be in order, except: A. When a member is in possession of the floor; B. While the yeas and nays are being called; C. While the members are voting; D. When it was the last preceding motion; E. When it has been decided that the previous question shall be taken. (Code 1983, § 2-62; Ord. No. 10204, § 1, 5-21-84 (Previously codified as section 2-60)) Sec. 2-210. Calling the Question, Form, admittance effect of previous question. Rev. 12/31/2011 22 At any time a Councilperson may move to “Call the Question” and shall be made in the following form “I move to call the question”. The previous question shall be in substantially the following form: "Shall the main question be now put?" The motion must be seconded and shall be It shall only be admitted on demand of two (2) members and sustained by a vote of two-thirds of the members of the council present, and until decided shall preclude all amendments and further debate, and shall be decided without debate. Its effect shall be to bring the council to a direct vote upon a motion to commit, if such a motion shall have been made. If this motion does not prevail, its effect shall then be to bring the council to a direct vote upon amendments reported by a committee, if any, then upon pending amendments and then upon the main question. (Code 1983, § 2-63; Ord. No. 10204, § 1, 5-21-84 (Previously codified as section 2-61)) Sec. 2-211. Certain motions to preclude amendments and debate on main questions. A motion for the "previous question," to lay the question on the table, or to commit, until decided, shall preclude all amendments and debate on the main question; and a motion to am end or to postpone the question indefinitely, or to adjourn it to a certain day, shall, until it is decided, preclude all further amendment to the main question. (Code 1983, § 2-64; Ord. No. 10204, § 1, 5-21-84 (Previously codified as section 2-62)) Sec. 2-212. Motion to reconsider. When a motion has once been made and carried in the affirmative or negative, it shall be in order for any member who voted on that side which prevailed to move for a reconsideration thereof at the same meeting, or at the next succeeding meeting, but not thereafter; but no question shall be considered after the papers or question shall have passed from possession of the council. (Code 1983, § 2-65; Ord. No. 10204, § 1, 5-21-84 (Previously codified as section 2-63)) Sec. 2-213. Division of question. If the question in debate contains several distinct propositions, any two (2) members may have the same divided. (Code 1983, § 2-66; Ord. No. 10204, § 1, 5-21-84 (Previously codified as section 2-64)) Sec. 2-214. Questions relating to priority of business; reading of papers. All questions relating to the priority of business to be acted on shall be decided without debate; and when the reading of any paper is called for, and the same is objected to by any member, it shall be determined by a vote of the council. (Code 1983, § 2-67; Ord. No. 10204, § 1, 5-21-84 (Previously codified as section 2-65)) Sec. 2-215. Address of council by presiding officer; disturbances prohibited. When the presiding officer is putting any question, or addressing the council, no one shall walk out, nor shall any person visiting the meetings of the council engage in any private discourse or speak to the council or any member thereof, without leave of the council. (Code 1983, § 2-69; Ord. No. 10204, § 1, 5-21-84 (Previously codified as section 2-67)) Secs. 2-116 - 2-229. Reserved. Rev. 12/31/2011 23 DIVISION V. LEGISLATION Sec. 2-230. Charter Provisions Pertaining to Legislation. The following shall be as provided in the City Charter: A. The form of the Title an enacting clause of a bill. B. The sufficiency of reading the title of a bill. C. The process for first, second and third reading. D. The process for passage of a bill. E. The Mayor’s power to veto and the process to override the veto. F. The Effective Date of an ordinance. (Previously codified as sections 2-81, 2-51, 2-52, 2-53, 2-54) Sec. 2-231. Bills. A. No ordinance shall be passed except by bill, and all bills shall be numbered consecutively. All bills shall be read three (3) times. B. Introduced. Bills may be introduced only on the report of a committee or by any member of the council, in the regular order of business. C. Amendments. Any bill which proposes the amendment or reenactment of an existing ordinance provision with changes in the language thereof, in setting forth the provision as amended or changed, shall be demonstrated thusly: deleted text shall be shown with a strikethrough and new text shall be shown as bold underlined text. upon introduction have the matter which is to be omitted included in its proper place enclosed in brackets and all new matter to be inserted shall be underscored when typewritten for introduction. When printed, the amendatory or reenacting bill shall show the matter to be omitted enclosed in bold-faced brackets and the new matter shall be shown in bold-faced Type. Where a section is completely rewritten, the existing section shall be set forth in small type in bold -faced brackets in a note following the new section but the changes need not be distinguished. All bold-faced matter shall be printed in light-faced type and all matter enclosed in bold-faced brackets shall be omitted when typewritten and printed after the bill has been passed. Brackets "(...)" indicate repeal of current law. Bold-faced type indicates additions to the law or to a bill that contains current law. (Ord. No. 10204, § 1, 5-21-84; Ord. No. 12320, §4, 7-24-95 (Previously codified as section 2-80)) State law reference - Bills and reading thereof, RSMo. § 77.080. Sec. 2-232. Informal Calendar. A. Any bill laid over on the information calendar as provided in City Charter or City Code, may be discussed without bringing the bill off the informal calendar. B. A bill laid over informally may be brought to the floor for action at any time otherwise proper by the sponsor or upon the vote of six (6) council members. (Previously codified in subsections of as section 2-84)) Rev. 12/31/2011 24 Sec. 2-233. Amendments and Substitutes to bills. A. Proposed amendments must be reduced to writing on demand. When a bill, motion or proposition is under consideration, a motion to amend and a motion to amend that amendment shall be in order, and it shall also be in order to offer a furth er amendment by way of substitute, to which one amendment may be offered, but which shall not be voted on until the original amendment is perfected, but either may be withdrawn before amendment or decision is had thereon. B. A substitute shall be considered as an amendment. A substitute must be distributed to the council members at least one day prior to its consideration by the council. An amendment which, in the opinion of the chair, is of such scope and length, that it is in reality a substitut e, must be distributed in the same manner as a substitute. C. Only one substitute shall be in order at one time. (Ord. No. 10204, § 1, 5-21-84; Ord. No. 12320, § 6, 7-24-95 (Previously codified in subsections of as section 2- 84)) Sec. 2-234. Sponsorship. A. A bill shall have a primary sponsor who shall be the councilman requesting introduction, the author of the bill or the chairman of a committee which refers the legislation to the council. No sponsor shall be added to a bill without the consent of the primary sponsor. The primary sponsor shall retain full control of a bill even if other sponsors or co-sponsors are added. B. The sponsor of a council bill may withdraw the bill at any time prior to the beginning of the final vote. (Ord. No. 10204, § 1, 5-21-84; Ord. No. 12320, §7, 7-24-95 (Previously codified in subsections of as section 2- 85)) Sec. 2-235. Taking and recording vote. No bill shall become an ordinance unless, on its final passage, the vote can be taken by yeas and nays, the names of the members voting for and against the same be entered on the journal, and six members of the council be recorded thereon as being in its favor; or in case of a tie, five members and the mayor. (Ord. No. 10204, § 1, 5-21-84 (Previously codified in subsections of as section 2-86)) Charter reference - 3.11 Sec. 2-236. Motion to reconsider. When a bill is put upon its final passage, and fails to pass, a motion may be made to reconsider the vote by which it was defeated not later than the next regular council meeting. The motion must be made by a member who voted on the prevailing side. The vote upon such motion to reconsider shal l be immediately taken, and the subject finally disposed of before the council proceeds to any other business. (Ord. No. 10204, § 1, 5-21-84 (Previously codified in subsections of as section 2-87)) Sec. 2-237. Signature by presiding officer. Rev. 12/31/2011 25 No bill shall become an ordinance until it has been signed by the officer presiding at the meeting of the council at which the same was passed. When so signed, it shall be delivered to the mayor for his approval an d signature, or his veto, and when returned to the council, with the approval of the mayor endorsed thereon, such bill shall become an ordinance. (Code 1977, § 2-82 (Previously codified in subsections of as section 2-89)) State law reference - Similar provisions, RSMo. §§ 77.080, 77.270. Sec. 2-238. Authentication following overruling of veto. Whenever the mayor shall neglect or refuse to sign any ordinance, or to return such ordinance to the council with his objection, in writing, at its next regular meeting after such ordinance shall have been presented to him, and such ordinance shall become a law as provided in section 2 -91 such ordinance shall be authenticated as having become a law, by having endorsed thereon or attached thereto a certificate signed by the president pro tempore, in the following form: "This ordinance having been delivered to the mayor for his approval on the _____ day of __________, 20____, and not having been returned by him to the council, at its next regular meeting, after it was delivered to him for his approval, the same became a law on the _____ day of __________, 20____. _____________________________________ "President Pro Tempore." (Code 1977, § 2-84 (Previously codified in subsections of as section 2-91)) Charter reference - 3.11 Sec. 2-239. Recording and filing. The original rolls of all ordinances and resolutions passed by the council shall be recorded, and thereafter be filed in the office of the city clerk, and when the council shall order the publication of an ordinance, due proof of such publication, by the affidavit of the printer or publisher, shall be procured by the clerk and attached thereto, or written and attested upon the face of the record of such ordinance. (Code 1977, § 2-86 (Previously codified in subsections of as section 2-93)) Secs. 2-240 - 2-259. Reserved. DIVISION VII. STANDING COMMITTEES OF THE CITY COUNCIL Sec. 2-260. Council Committees. A. Standing Committees. At the first regular meeting of the city council held after the city election, or as soon thereafter as may be practical, the following standing committees of the City Council shall be appointed by the mayor: Rev. 12/31/2011 26 1. Committee on public works and planning to be composed of five council members. 2. Committee on finance to be composed of five council members. 3. Budget Committee composed of all council members. The Chairman of the finance committee will be the chairman of the budget committee. (Ord. No. 11568, § 1, 4-15-91; Ord. No. 11696, § 1, 2-3-92; Ord. No. 12280, § 1, 5-1-95; Ord. No. 12965, §1, 8-16-99; Ord. No. 13869, §1, 4-18- 2005; Ord. 14118, §1, 10-16-2006) 4. Committee on Public Safety composed of five council members. 5. Committee on Administration, composed of five council members. 6. Committee on Annexation and Planned Growth to be composed of ten Council Members. (Ord. No. 14847, §1, 9-19-2011) (Ord. No. 12280, § 1, 5-1-95; Ord. 14118, §1, 10-16-2006; Ord. No. 14554, §1, 7-6-2009) Each standing committee of the city council shall hold its first meeting immediately after the first council meeting following the general city election or as soon thereafter as practicable. At its first meeting the committee shall elect a chairperson and a vice-chairperson from among its members. B. Special committees. All special committees comprised of members of the council, approved by a majority of the council, shall be appointed by the Mayor who, when appointing a committee, shall designate the total number of members to serve on each committee. Each special committee shall select a chairman and vice-chairman. The vice-chairman shall preside at all committee meetings in the absence of the chairman. (Ord. 13752, §1, 8-2-2004) (Ord. No. 10204, § 1,5-21-84; Ord. No. 10449, § 2, 7-1-85; Ord. 10926; Ord. No. 11020, § 1, 4-18-88; Ord. No. 11141, § 1, 12-12-88; Ord. No. 11280 § 2, 8-22-89; Ord. No. 11505, § 2, 11-26-90; Ord. No. 11568, § 1-2, 4-15-91; Ord. No. 11906, § 1, 6-7-93; Ord. No. 12280, § 1, 5-1-95; Ord. No. 12320, §1, 7-24-95 (Previously codified in subsections of as section 2-46))) Sec. 2-261. Duties of committees. All committees shall file a report of facts, findings and recommendations addressed to the mayor and the council. The duties of the standing committees shall be as follows: A. Duties of the Committee on Public Works and Planning. The committee shall consider all petitions for public improvements concerning streets, alleys, sidewalks, sanitary sewers and storm drains, shall consider any other communications concerning the foregoing items which do not fall within staff's review authority, shall review proposals for the use, rental or sale of all public properties, and shall review requests for special uses of public rights of way. The committee shall take into consideration all communications, resolutions and propositions concerning the streets, alleys, sidewalks, sewers and commons of the city and shall make recommendations to the council. Rev. 12/31/2011 27 The Committee shall consider all matters pertaining to the safeguarding of persons, protection of property and prevention of damages to the environment from storm water and the promotion of the public welfare by guiding, regulating, and controlling the design, construction, use and maintenance of all storm water facilities and development (Ord. 14274, §1, 11-5-2007) B. Duties of the Committee on Finance. The committee shall consider all matters affecting the current budget of the city. C. Duties of the Budget Committee. The Budget Committee will review the Mayor’s proposed budget and make recommendations to the Council. The Chairman of the Finance Committee shall be the chairman of the Budget Committee. (Ord. No. 12965, §2, 8-16-99; Ord. No. 13869, §2, 4-18-2005; Ord. 14118, §1, 10- 16-2006) D. Committee on Administration. Review all matters pertaining to environmental services, including contracts & franchises for services, federal and state requirements, needs of the community and other matters referred by the Council. The committee shall consider all matters related to the location, design , financing and administration of one or more conference or convention centers in the city, including meeting with state and county officials and private parties, performing research and analysis into feasibility and affordability, soliciting and evaluatin g proposals, and generally reporting to the council its recommendations, all with a goal of facilitating the construction of such public or private projects as may be most beneficial and effective for the community. E. The committee shall consider all matters involving the appointment of individuals to the various City boards, committees and commission. The committee shall review all proposed appointments and made recommendations and report to the Council prior to any action by the Council on approval of an appointment. The committee shall make its report and recommendation on any appointment within thirty days of the date on which it is notified by the Mayor of a proposed appointment. E. Committee on Public Safety. The Committee on Public Safety shall review all bills, contracts, and ordinances to be referred to the council regarding police, fire, or emergency preparedness. F. Annexation and Planned Growth . The committee shall consider all matters related to voluntary and voter - approved annexation, solicit and entertain input from the community and region on issues of growth, perform such studies and research as may be necessary, utilize assistance from staff and outside resources, provide assistance to community groups that may be studying growth, and recommend to the council such actions as may be appropriate to achieve orderly growth through annexation and such other measures as may be deemed appropriate (Code 1983, § 2-49; Ord. No. 10204, § 1, 5-21-84; Ord. No. 11020, § 2, 4-18-88; Ord. No. 11505, § 3, 11-26-90; Ord. No. 11906, § 2, 6-7-93; Ord. No. 12320, §2, 7-24-95; Ord. No. 13572, §2, 7-21-2003; Ord. 14118, §1, 10-16- 2006; Ord. No. 14554, §2, 7-6-2009 (Previously codified in subsections of as section 2-47))) Secs. 2-262 - 2-269. Reserved. ARTICLE III. MUNICIPAL JUDGE AND MUNICIPAL PROSECUTOR Rev. 12/31/2011 28 Sec. 2-270. City prosecutor generally. The qualification and duties of City Prosecutor shall be as provided in the City Charter. (Effectively Incorporates 2-67))) Sec. 2-271. Municipal Judge. The qualification and duties of City Prosecutor shall be as provided in the City Charter. Sec. 2-272. Effective inability of city prosecutor to act. In the case of sickness, absence from city, interest of the city prosecutor in the proceedings adverse to the in terest of the city, or other temporary inability of the city prosecutor to discharge the duties of his office, the mayor or administrator shall direct the city counselor to act in his stead during such temporary inability, in any proceedings pending before the municipal division of the circuit court. If the city counselor is unable to act, then it shall be the duty of the municipal judge to appoint an attorney to represent the city in all cases before his court, pending such temporary inability of the city prosecutor to perform the same, and the person so appointed shall possess the same powers and receive the same compensation as the city prosecutor would receive if he were present and acting in the regular discharge of his duties. (Ord. No. 9523, § 1(2-108), 10-20-80 (Previously codified in section 2-269)) Sec. 2-273. Effective interest in proceedings. If the city counselor or city prosecutor shall be interested in, or a party to any action brough t by the city for the violation of any of its ordinances, or shall have been employed as counsel in any such case, previous to his election as city prosecutor or appointment as city counselor he shall inform the mayor and city council thereof, if the case be one which has been appealed or by other means removed from the municipal court, and the mayor and city council shall appoint an attorney, at the expense of the city, to represent the city in such proceedings. (Ord. No. 9523, § 1(2-109), 10-20-80 (Previously codified in section 2-239)) Secs. 2-274 - 2-299. Reserved. ARTICLE IV. CITY STAFF DIVISION I. CITY ADMINISTRATOR Sec. 2-300. Office established. There is hereby created and established the office of city administrator for the city. (Ord. No. 9360, § 1, 12-17-79 Previously codified in section 2-283) Charter reference - Section 5 Rev. 12/31/2011 29 Sec. 2-301. Appointment and tenure. A qualified person shall be nominated city administrator by the mayor and appointed by the mayor with the advice and consent of a majority of the council. The person so appointed shall serve for an indefinite term. (Ord. No. 9360, § 2, 12-17-79 Previously codified in section 2-284) Sec. 2-302. Qualifications. The person appointed to the office of city administrator shall be a resident of the city within six (6) months of the effective date of such appointment. He shall be a graduate of an accredited university or college, majoring in public administration, business administration, accounting, finance, engineering or similar fields. The city administrator shall have thorough experience in the administration of a governmental unit or any combination of education and experience that provides the necessary knowledge, abilities and skills for the position. (Ord. No. 9360, § 3, 12-17-79; Ord. No. 12433, § 1, 4-1-96 Previously codified in section 2-285) State law reference - Similar provisions, RSMo. § 77.044. Sec. 2-303. Bond. The bond of the city administrator shall be one hundred thousand dollars ($100,000.00). (Ord. No. 9360, § 4, 12-17-79 Previously codified in section 2-286) State law reference - Bond of officers, RSMo. § 77.390. Sec. 2-304. Compensation. The city administrator shall receive such compensation as may be established by the mayor, with the approval of a majority of the city council. (Ord. No. 9360, § 5, 12-17-79 Previously codified in section 2-287) State law reference - Similar provisions, RSMo. § 77.044. Sec. 2-305. Removal. The city administrator may be removed from office upon recommendation of the mayor, with the consent of the majority of the council, or by a two-thirds vote of the council on its own initiative. If requested, the mayor and city council shall grant the city administrator a public hearing within thirty (30) days following notice of such removal. (Ord. No. 9360, § 6, 12-17-79( Previously codified in section 2-288) Charter reference - 5.1. Sec. 2-306. Duties generally. A. The city administrator shall be responsible to the mayor and the council for the administration of all city affairs placed in his charge. Except as otherwise specified by charter, ordinance, or by state law, the city administrator shall coordinate and generally supervise the operation of all departments, including without limitation, finance, human resources, police, fire, public works, planning and code enforcement, and law, including line, staff and directors. (Ord. No. 13031, §1, 2-21-2000) Rev. 12/31/2011 30 B. The city administrator shall pr epare and present to the mayor and city council an annual report of the city's affairs. Such report shall be inclusive of the activities of all departments, agencies and branches of city government. C. The city administrator shall make recommendations of appointment and removal of department directors and division supervisors for the approval of the mayor and council. D. The city administrator shall recommend to the mayor and city council adoption of such measures as he may deem necessary or expedient for the improvement of the efficiency of municipal government. E. The city administrator shall attend all city council meetings. He shall assist the mayor in the planning and follow-up after such meetings. F. The city administrator shall coordinate the city's efforts to gain grant assistance. G. The city administrator shall execute any additional duties assigned by the mayor and a majority of the council. H. The city administrator shall prepare and submit a recommended annual budget and five-year capital improvements program to the mayor. I. The administrator shall file a written report with the city council at least once per month. (Ord. No. 9360, § 7, 12-17-79; Ord. No. 12433, § 1, 4-1-96 (Previously codified in section 2-289) Charter reference - 5.2 Sec. 2-307. Powers. A. The city administrator shall have the power to prescribe such rules and regulations as he shall deem necessary or expedient for the conduct of administrative agencies subject to his authority, and he shall have the power to revoke, suspend, or amend any rule or regulation of the administrative service except those prescribed by the city council. B. The city administrator shall have the power to coordinate the work of all the departments of the city, an d shall have the authority to assign employees of the city to any department for the most efficient discharge of the functions of city government, subject to the provisions of section 6.2 (parks and recreation commission) and section 6.3 (police department) of the city charter. C. The city administrator shall have the power to overrule any action taken by a department director, and may supersede him in the functions of his office, except the parks and recreation department. D. The city administrator shall have the power to appoint and remove all subordinate employees of the city, subject to the provisions of sections 6.2 (parks and recreation commission) and 6.3 (police department) of the city charter. E. At no time shall the duties or powers of the city administrator supersede an action by the mayor and/or city council. (Ord. No. 14051, §1, 6-5-2006) F. The city administrator is hereby authorized to execute change orders to contracts including increasing the amount to be expended under the contract provided the following criteria are met: 1. The change order has previously been approved by the department director of the department administering the contract and the financial amount involved does not exceed ten percent (10%) in Rev. 12/31/2011 31 total of the original contract amount with any previously approved change orders on that contract, or ten thousand dollars ($10,000), whichever is greater. For the purposes of this section, the term “original” contract shall mean the contract as approved by the council and executed by the appropriate official as well as any amendments to the contract which have been duly approved by the Council. 2. The change order does not change the general scope of the project. 3. All change orders approved shall be reported to the city council with in two weeks of execution. The report shall include the reason for the change order. G. Notwithstanding the provisions of section 2-378 regarding the promulgation of purchasing rules, the city administrator is hereby authorized to sign contracts on behalf of the city, provided the following criteria are met: 1. The item(s) and/or service(s) that are the subject of the contract have a combined total value of no greater than twenty-four thousand, nine hundred ninety-nine dollars and ninety-nine cents ($24,999.99), unless specifically authorized by the city council. 2. The contract does not pertain to the purchase or sale of real estate, unless specifically authorized by the city council. 3. All contracts signed in accordance with this subsection, including contracts for the purchase or sale of real estate, shall be reported to the city council within two weeks of execution. The report shall include the rationale for the contract. H. The City Administrator may, on behalf of the city, accept any grant, gift, or don ation not in excess of $2,000, and may amend the budget to reflect the acceptance of such revenue, and may amend the budget to reflect equivalent expenses so as to accomplish the purpose of such funds. (Ord. 14866, §3, 10-17-2011) (Ord. No. 9360, § 8(a) - (d), 12-17-79; Ord. No. 12163, § 1, 10-10-94; Ord. No. 14051, §1, 6-5-2006 (Previously codified in section 2-290)) State law reference - Similar provisions, RSMo. §§ 77.046, 77.048. Charter reference - 5.2, 6.1, 6.2, 6.3 Sec. 2-307. Interference by mayor or council. Neither the mayor nor any member of the council shall directly interfere with the conduct of any department or duties of employees subordinate to the city administrator except at the express direction of the council. Neither the mayor nor any member of the council shall direct or request the appointment of any person below the department director level to, or his removal from, office by the city administrator or any of his subordinates, or in any manner take part in the appointment or removal of employees in the administrative services of the city. Except for the purpose of inquiry and transmittal of citizen complaints, the mayor and members of the council shall deal with the administrative service solely through the city administrator, and neither the mayor nor members of the council shall give orders to any subordinates of the city administrator, either publicly or privately. (Ord. No. 9360, § 8(E), 12-17-79; Ord. No. 9651, § 1, 8-3-81 (Previously codified in section 2-291)) Secs. 2-307 - 2-319. Reserved. DIVISION II. CITY DEPARTMENTS Sec. 2-320. Departments of the City. Rev. 12/31/2011 32 A. The following Departments of the City are hereby established. 1. Fire; 2. Human Resources; 3. Information Technology Services; 4. Law Department; 5. Parks and Recreation, which may also be called the Department of Parks, Recreation and Forestry. 6. Planning and Protective Services; 7. Police Department; and 8. Public Works; and B. The highest ranking official of each department shall be called the “Director” or in the case the Fire Department the Fire Chief and in the case of the Police Department the Police Department. C. The qualification for each Director or Chief position shall be established by the job description, or City Charter if described therein, for each position. D. The duties of each Director or Chief position shall be as assigned by the City Code, Charter or City Administrator. E. No Director shall hold positions or have outside employment which conflicts with their duties to the City. Secs. 2-321 - 2-329. Reserved. DIVISION III. CITY CLERK Sec. 2-330. Appointment; term. The council shall appoint an officer who shall have the title of city clerk. The clerk shall keep the journal of council proceedings, authenticate by his signature all ordinances and resolutions, and record them in full in a book kept for that purpose. The clerk shall perform such other duties as may be required by law, by charter, or by the council. The city clerk shall be a resident of the city and shall hold office at the pleasure of the council. (Previously codified in section 2-303)) Sec. 2-331. Vacancy. Should a vacancy occur in the office of the city clerk, for reason of death, resignation, absence from the city or for any cause, the council shall fill such vacancy by a ppointment. (Code 1977, § 2-157 (Previously codified in section 2-304))) Sec. 2-332. Bond. The bond of the city clerk shall be at least five thousand dollars ($5,000.00). Such bond shall be filed in Rev. 12/31/2011 33 the office of the finance director, who shall preserve and safely keep the same. (Code 1977, § 2-152 (Previously codified in section 2-305)) State law reference - Bond of officials, RSMo. § 77.390. Sec. 2-333. Deputy city clerks. A. There is hereby established the position of deputy city clerk. B. The mayor, after receiving the recommendation of the city administrator, with the advice and consent of a majority of the elected members to the city council, shall be authorized to appoint depu ty city clerks. C. The deputy city clerks shall assist and aid the city clerk in the performance of the duties of the city clerk and, in the absence of the city clerk, shall perform all duties of the city clerk. (Code 1977, § 2-158 (Previously codified in section 2-306)) Sec. 2-334. Duties generally. The city clerk shall: A. Have the custody of and safely keep the common seal of the city, the public records, the originals of ordinances and resolutions of the city council and such other records, documents and papers of a public nature as may be delivered into his custody. B. Affix the common seal of the city to all public instruments and official acts of the mayor which by law or ordinances are required to be so attested, and countersign the name, and affix the common seal to and certify to any record, document, copies of papers or ordinances that may be required for evidence in any court of this state or the United States by any individual, or that may be required f or the use of any officer of the city, and shall furnish to the city prosecutor or city counselor any record or document necessary to be used in any proceeding in court to which the city is a party; C. Attend all meetings of the city council and keep a correct journal of its proceedings; D. Prepare all certificates of election, commissions, appointments and all other official documents required by this Code or other ordinances to be issued, or which the mayor is required to issue, and shall countersign an d affix the common seal thereto, and keep a record of all such certificates of elections, commissions, appointments and documents. E. Record the official bonds of all city officers and the bonds of all other persons executed to the city and placed in the clerk's custody. F. Record all city ordinances passed and neatly label and file for safekeeping the original roll of all ordinances and resolutions of the city council, and such other vouchers, papers, records and documents as may be delivered into the clerk's custody; G. Carefully and promptly execute every official act that may be required by virtue of the laws of the state and ordinances of the city, and shall perform all such other duties as may be required by such laws or ordinances. (Code 1977, § 2-153; Ord. No. 9275, § 4-17-79) Rev. 12/31/2011 34 H. The City Clerk be and hereby is appointed custodian of the records of the City and that such custodian located at 320 East McCarty, Jefferson City, Missouri. The custodian shall respond to all requests for access to or copies of a public record within the time period provided by the Sunshine law except in those circumstances authorized by Statute. (Ord. No. 13769, §3, 9-7-2004) I. The City Clerk shall establish and maintain a registry of all news outlets, which request n otices of meetings and the results of meetings including information released pursuant to the requirements of the Sunshine law. J. The Council agenda referencing closed meetings shall only reference such exceptions as is known to be discussed at the time of the distribution of the agenda by the City Clerk. K. Whenever any reportable action has occurred between City Council meetings, and which is then required to be made available or made public, which has not been previously made public or available, the City Clerk shall indicate on the next Council agenda any reportable action which has occurred in a prior closed session and that the appropriate information is now available in the office of the City Clerk. (Ord. No. 10931, 10-19-87; Ord. No. 12299, § 1, 6-19-95; Ord. 13418, §3, 8-19-2002 (Previously codified in section 2-307)) State law reference - Duties of clerk generally, RSMo. § 77.410. Sec. 2-335. Access to records. The city clerk shall have free access to the office of the finance director for the inspection of all books, accounts and papers which it contains, and free access to all other offices of the city for the inspection of such books, accounts and papers as concern any of the duties of city clerk. (Code 1977, § 2-155 (Previously codified in section 2-308)) Secs. 2-336 - 2-339. Reserved. ARTICLE V. WORKERS' COMPENSATION RISK MANAGEMENT PROGRAM Sec. 2-500. Short title; effective date. This article shall be known as the "City of Jefferson Workers' Compensation Risk Management Program," all the terms of which are hereafter referred to as the "program." (Ord. No. 11612, § 1, 8-6-91 (Previously codified in section 2-500)) Sec. 2-501. Creation and purpose. There is hereby authorized and created a workers' compensation risk management program and a ri sk management fund to be funded annually in an amount not less than needed to achieve actuarial soundness and to be maintained as an account separate from the general fund. A. General purpose of the program. The workers' compensation risk management program is established for the purpose of providing a system through which the city will retain certain risks and manage the claims which emanate from the legal obligations imposed as the result of injury to employees. The workers' compensation risk managemen t program is created for the purpose of paying all legitimate claims and Rev. 12/31/2011 35 expenses which arise under the program. The workers' compensation risk management program is hereby declared to provide coverage in the areas set forth in this article. B. Workers' compensation risk management fund. The workers' compensation risk management fund shall be a continuing appropriation, notwithstanding fiscal years, to be used for payment of the administrative costs, expenses, settlements, judgments, and claims of the workers' compensation risk management program. The workers' compensation risk management fund may also be augmented from time to time with transfers from other city accounts. C. Risk management committee. There is hereby created a risk management committee for the purpose of administering, in accordance with the provisions of this article, the workers' compensation risk management program with the risk manager. The risk management committee shall be comprised of the city administrator, the director of fin ance, the personnel and safety officer, and two other department directors who shall be selected by the city administrator. The personnel and safety officer shall serve as chairman of the committee. The city counselor shall provide legal advice to the committee. (Ord. No. 11612, § 1, 8-6-91 (Previously codified in section 2-501)) Sec. 2-502. Nonwaiver of rights. By establishing the risk management program and by purchasing excess insurance, the city does not wa ive or intend to impair any of its rights under law and no act pursuant to this program or act of purchasing excess insurance shall be construed as a waiver or intent to impair the city's rights. The rights reserved include, without limitation, the right of the city or of any city agency to assert sovereign immunity to the extent allowed by law to assert restrictions and limitations on the amount of liability to which the city may be exposed under applicable law, and to assert restrictions and limitations on the collectability of any judgment to the extent permitted by law. (Ord. No. 11612, § 1, 8-6-91 (Previously codified in section 2-502)) Sec. 2-503. General administration of the account. Recognizing the importance of maintaining the financial integrity of the risk management fund, the city hereby establishes the following general procedures regarding the administration of the risk management fund: A. Investments, earnings on investments, etc. The investment of moneys held in the risk management fund is authorized in accordance with the general investment policies and practices of the city. The moneys to be invested may be pooled with other city moneys for the purpose of investment. The director of finance shall make provision for the prompt payment of all liquidated claims, settlements, and final judgments from the workers' compensation risk management fund and shall invest the moneys of the fund in a manner that allows access to said moneys for such purposes. B. Accounts and records systems. The director of finance, shall develop and maintain for the workers' compensation risk management fund such accounts and records as will provide a reasonable segregation and determination of assets and liabilities, together with the historical loss data and other information necessary to sustain accurate and proper accounting practices. The accounts and records system shall include development of an appropriate claims reserve procedure. C. Supplemental appropriations. The city council shall appropriate and budget sufficient moneys to assure the solvency of the workers' compensation risk management fund and the effective management and operation of the risk management program. The risk management commi ttee shall, from time to time, recommend such additional appropriations or budget amendments as may be required to assure the solvency of the risk management fund. D. Transfer prohibited. No money shall be transferred into or out of the workers' compensation risk Rev. 12/31/2011 36 management fund except as hereby authorized. E. Standard for payment. No claim shall be paid unless it appears that the city, its agencies, officers or employees, is or may be legally liable for damages under the laws of the State of Missouri or of the United States of America. Notwithstanding any provisions of this article to the contrary, the program herein established shall be administered in full accordance with the requirements of Section 2 -113 of the Code of the City of Jefferson, Missouri, (Indemnification of Officers and Employees). F. Delegation of authority. The personnel and safety officer may compromise, settle, adjust and authorize payment for claims with the approval of the city counselor and may delegate any part of said authori ty to an independent claims adjusting firm. (Ord. No. 11612, § 1, 8-6-91 (Previously codified in section 2-503)) Sec. 2-504. Purchase of insurance. The personnel and safety officer shall recommend to the risk management committee the purchase of such insurance as may be appropriate to provide additional coverages to the extent that the loss exposure exceeds the reasonable capacity of the risk management fund to afford adequate coverage. (Ord. No. 11612, § 1, 8-6-91(Previously codified in section 2-504)) Sec. 2-505. Annual review. A. Additions or deletions of risks. At least annually, the risk management committee shall review the performance of the program. Based on that r eview, the risk management committee may determine that certain other risks should be assumed by the program or that covered risks should be deleted from the program. If the risk management committee determines that coverages should be added to or deleted from the program, it shall make a recommendation to the mayor and city council for an appropriate amendment to this article. B. Annual performance reports. Annually, the personnel and safety officer shall prepare or cause to be prepared a report on the status of the workers' compensation risk management program. This report shall include at least the following information: 1. The moneys appropriated or contributed to the risk management fund and the premiums paid for commercial insurance under any excess insurance provision of the workers' compensation risk management program. 2. The cost of administration and operation of the risk management program, including consulting and legal services. 3. A summary of claims incurred, open reserves, and claims paid or closed without payment. (Ord. No. 11612, §1, 8-6-91 (Previously codified in section 2-505)) Sec. 2-506. Assignments of rights; report requirements. No rights under this management program shall be assignable directly or indirectly by any insured, without the written and specific authorization of the risk management committee and the approval of the city counselor. The personnel and safety officer shall ensure compliance with applicable reporting requirements under Missouri law. (Ord. No. 11612, §1, 8-6-91 (Previously codified in section 2-506)) Rev. 12/31/2011 37 Section 2. The City Code is hereby amended by the enactment of a new Chapter 26A (Purchasing and Finances), which purpose shall be copy into the new Chapter 26A, the Chapter 2, Article IV, Division 2 (Purchasing Department) of the code existing before passage of this bill, in whole without changes except to renumber the same substantially as follows: CHAPTER 26A PURCHASING AND FINANCES Sec. 26A-1. Fiscal year. The fiscal year of the city shall commence on the first day of November in each year and terminate on the thirty-first day of October of the following year, and the books, accounts and reports of the officers of the city shall be made to conform thereto. (Code 1977, § 16-1; Code 1983, § 2-352) (Previously codified in section 2-347)) Sec. 26A-2. Annual audit. An audit of the financial affairs and records of the city shall be made by a certified public accountant annually, and the audit shall be commenced within thirty (30) days after the close of business for the preceding fiscal year. (Code 1977, § 16-6;Code 1983, § 2-353) (Previously codified in section 2-348)) Sec. 2-26A-3. Enforcement of licensing and similar ordinances. A. It shall be the duty of the finance department to enforce all provisions of ordinances of the city regulating: 1. The licensing of trades, businesses, vocations and occupations within the city. 2. The licensing of peddlers, transient merchants, solicitors and canvassers within the city. 3. The licensing of the manufacture, distribution or sale of intoxicating liquor and nonintoxicating beer within the city. B. In the performance of such duties, the authorized agents of the finance department shall have the power: 1. To enter any business establishment in the city to determine if the provisions of all ordinances of the city pertaining to the issuance of licenses are being observed. 2. To demand presentation to him and inspect every license required by ordinances of the city to be issued. (Code 1977, §§ 22-1, 22-2; Code 1983, § 2-354) (Previously codified in section 2-354)) Cross references - Alcoholic beverages, Ch. 4; licenses, taxes and miscellaneous business regulations, Ch. 17; Rev. 12/31/2011 38 peddlers, solicitors, itinerant merchants, etc. Ch.24. Sec. 2-26A-4. Appropriations. The City through its annual budgeting process shall adopt appropriations or shall set out authorized appropriations by category. Appropriations shall be divided into two classifications t o be known as “annual appropriations” and “continuing appropriations.” The characteristics and practice with regard to each of these categories of appropriations shall be as set out in the subsections below. A. Annual appropriations: All appropriations shall be considered an annual appropriation unless specifically designated either by category or by indication within the budget document as a continuing appropriation. Unencumbered annual appropriations shall lapse at the close of each fiscal year. Annu al appropriations shall not be subjected to reappropriation. B. Continuing appropriations: All appropriations for capital improvement projects and for grant funds including any matching funds required by the grant shall be considered continuing appropr iations. Any sums appropriated through and designated as continuing appropriations shall continue for the life of the project or grant regardless of fiscal years. Continuing appropriations shall not be subject to changes or transfers between projects or grants without council approval. Any funds remaining unexpended at the completion of the project or grant would automatically be added into the fund in which they had been appropriated. C. Reporting requirement: City staff shall prepare and forward to the Council at least semi-annually a report of the status of all projects and grants which have been designated as continuing appropriations. The reports shall include as a minimum the original date of the appropriation, funds expended and project completion status. It should also show anticipated conclusion of each project or grant. D. Parks and Recreation Commission Budget: The parks commission shall prepare an annual budget to be submitted to the mayor as part of his annual budget. Such budget shall not take effect until approved by the Council. Such funds may be only drawn upon by the director of finance upon the properly authorization authenticated vouchers of the parks and recreation commission. (Ord. 13828, §1, 1-18-2005) (Ord. No. 12562, § 1, 12-16-96) (Previously codified in section 2-355)) Secs. 26A-5 – 26A-6. Reserved. Rev. 12/31/2011 39 DIVISION 2. PURCHASING DIVISION Sec. 26A-374. Definitions. Whenever the following words appear in this division they shall have the meaning set out below: Business: shall mean any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, or any other private legal entity. City Council or Council: Shall mean the Council of the City of Jefferson or the Parks and Recreation Commission based on the nature of the project or contract. City Administrator: Shall mean the City Administrator or the Parks and Recreation Commission based on the nature of the project or contract. Construction: means the process of building, altering, repairing, improving, or demolishing any public infrastructure facility, including any public structure, publi c building, or other public improvements of any kind to real property. It does not include the routine operation, routine repair, or routine maintenance of any existing public infrastructure facility, including structures, buildings, or real property. Contract: means all types of agreements, regardless of what they may be called, for the procurement or disposal of supplies, services, or construction. Contractor: means any person having a contract with a governmental body. Employee: means an individual drawing a salary from a governmental body, whether elected or not, and any uncompensated individual performing personal services for any governmental body, or any elected or appointed official of the City. Equipment: means a vehicle powered by a motor traveling on wheels or tracks, and designed to be ridden by it’s operator, items which are used when affixed to such vehicles; or, trailers and other devices which are towed by a motor vehicle as well as items attached to them; or, devices which are powered by a motor and which are operated by a person walking behind the device and which said device has a purchase price of no less than Five Thousand Dollars ($5000). Person: means any business, individual, union, committee, club, other organization, or group of individuals. Procurement: means buying, purchasing, renting, leasing, or otherwise acquiring any supplies, services or construction. It also includes all functions that pertain to the obtaining of any supply, service, or construction, including description of requirements, selection and solicitation of sources, preparation and award of contract, and all phases of contract administration. Services: means the furnishing of labor, time, or effort by a contractor, not involving the delivery of a specific end product other than reports which are merely incidental to the required performance. This term shall not include employment agreements or collective bargaining agreements. Signature: means [enter the appropriate reference to the State’s applicable Digital Signature Act if enacted] [a manual or electronic identifier, or the electronic result of an authentication technique attached to or logically associated with a record that is intended by the person using it to have the same force and effect as a manual signature.] Rev. 12/31/2011 40 Supplies: means all property, including but not limited to equipment, materials, printing, insurance, and leases of real property, excluding land or a permanent interest in land. Vehicle: a motor vehicle used primarily for transporting the driver and passengers Written or In Writing: means the product of any method of forming characters on paper, other materials, or viewable screens, which can be read, retrieved, and reproduced, including information that is electronically transmitted and stored. (Previously codified in section 2-374)) Sec. 2-375. Purchasing agent; office established. There is hereby established within the finance department the office of purchasing agent who shall be the head of the purchasing division. (Code 1977, § 16-20; Ord. No. 11936, § 2, 7-19-93(Previously codified in section 2-375))) Sec. 2-376. Establish and maintain specifications. The purchasing agent shall compile and maintain specifications for all items purchased, or to be purchased, by the city. The specifications shall not be unduly restrictive and shall be written, if possible and practicable, so that the city may obtain competitive bids. (Code 1977, § 16-21; Ord. No. 9655, § 1, 8-17-81; Ord. No. 10044, § 1(16-21), 9-6-83; Ord. No. 11936, § 2, 7-19- 93(Previously codified in section 2-376))) Sec. 2-377. Standards and procedure. The purchasing agent shall observe the following standards and procedures in the administration of this division: A. The purchasing agent shall purchase those supplies, materials and equipment requested by the department for whose use they are intended. The purchasing agent shall keep the departments informed on prices, changes, deliveries and other information that will assist them in placing purchase orders at such times as to ensure purchasing at the best possible prices. B. All supplies, materials and equipment disposed of by sale or otherwise shall be sold by the purchasing agent only with the advice and consent of the mayor and council. Supplies, materials and equipment deemed to be obsolete, unusable and of no monetary value to the City, may be di sposed of by the purchasing agent at an approved landfill or disposal site. The purchasing agent shall determine, based on recommendations from the staff, what property has no monetary value. The purchasing agent shall file a report with the council annually setting forth what property was determined to be of no value and how such property was disposed. C. Copies of all correspondence with suppliers concerning prices, adjustments or defective merchandise, as well as all invoices, bills of lading, deliver y tickets and other papers pertaining to purchases, shall be delivered to the purchasing agent. D. The purchasing agent shall maintain a complete record of all quotations, bids and purchase orders for a period of five (5) years, and such records shall at all times be open to the public for inspection. Only proposals and related documents will be closed until the earlier of the making of a recommendation to the public governmental body or the acceptance or rejection of all proposals. Rev. 12/31/2011 41 E. The purchasing agent shall maintain supervisory control over all purchases and shall determine whether any claims for shortages, breakages or other claims exist, in which case he shall pursue all such claims against the shipper or carrier or supplier for any shortage, breakage or other damage existing. F. Notwithstanding the foregoing paragraphs the purchasing agent may designate types of personal property as “disposable” which may then be deposited into the land fill by departments without notice to the purchasing agent and without annual notice to the Council. To be “disposable” the property must be declared as disposable by the purchasing agent, and designed to be thrown away after use and have no monetary value after use. Examples may include but are not limited to pap er, pencils, pens, plastic bags, and cardboard. (Ord. 14866, § 2, 10-17-2011) (Code 1977, § 16-22; Ord. No. 11936, § 2, 7-19-93(Previously codified in section 2-377))) Sec. 2-378. Promulgation of rules. Th e purchasing agent shall recommend to the finance director, for his/her review and recommendations to the city administrator, rules and regulations relating to the procedure to be followed by city employees in the preparation and submission of purchasing r equests and invoices for purchases. (Code 1977, § 16-23; Ord. No. 11936, § 2, 7-19-93(Previously codified in section 2-378))) Sec. 2-379. Purchasing limits. A. The purchasing agent shall adopt operational procedur es for making small purchases of three thousand dollars ($3,000.00) or less. Such operating procedures shall allow purchasing without competitive bids but shall be at the discretion of the department heads and the purchasing division. Purchases must be requisitioned through the normal purchasing procedure. B. The purchasing agent shall request quotations or telephone bids from at least three (3) businesses or vendors on all requisitions of items of a value of more than three thousand dollars ($3,000.00) and not more than twenty-five thousand dollars ($25,000.00). The names of the businesses submitting quotations, the date and the amount of each quotation shall be recorded and maintained. The lowest and best bid shall be selected by the purchasing agent upon consultation with the appropriate department director. C. The purchasing agent shall advertise for sealed bids on any requisition involving more than twenty-five thousand dollars allowing a minimum of fourteen (14) days before bids are received and opened. The lowest and best bid submitted by a responsible bidder meeting specifications will be recommended to the City Council for an award. (Code 1977, § 16-25; Ord. No. 9655, § 2, 8-17-81; Ord. No. 10044, § 1(16-25(c)-(d)), 9-6-83; Ord. No. 11936, § 2, 7-19-93; Ord. 13209, §1, 6-4-2001(Previously codified in section 2-379))) Sec. 2-380. Emergency purchases. When a disaster has not been declared by the Mayor, notwithstanding any other provisions of this division, the City Administrator or designee may make or authorize others to make emergency procurement of supplies, services, or construction items when there exists a threat to public health, welfare, or safety; provided that such emergency procurement shall be made with such competition as is practicable under the circumstances. A written determination of the basis for the emergency and for the selection of the particular contractor shall be included in a record of each emergency procurement which shall be made and shall set forth the contractor's name, the amount and type of the contract, a listing of the item(s) procured under the contract, and the identification number of the contract file. A copy of the record shall be given within five days of the purchase to the City Administrator and Rev. 12/31/2011 42 purchasing division. If a disaster has been declared, or if a disaster is later declared the provisions of Chapter 11, Emergency Preparedness and Emergencies, shall be followed. In any case where a purchase under this section might be reimbursable under Federal or State Disaster Relief provisions, the Department Director shall maintain such records as are required for such reimbursement. An emergency exists as defined below: An emergency exists when a breakdown in ma chinery and/or a threatened termination of essential services, including but not limited to maintenance and repair of essential office equipment, or a dangerous condition develops, or when supplies are needed for immediate use in work which may vitally aff ect safety, health or welfare of the public. (Code 1977, § 16-29(a); Code 1983, § 2-403; Ord. No. 11936, § 2, 7-19-93; Ord. No. 14051, §2, 6-5- 2006(Previously codified in section 2-380))) Sec. 2-381. Small sum purchases. Any employee of the city making a purchase involving an immediate cash expenditure of fifty dollars ($50.00) or less shall be reimbursed by the city upon submission of a sales ticket for the purchase. (Code 1977, § 16-29(b); Code 1983, § 2-404; Ord. No. 11936, § 2, 7-19-93(Previously codified in section 2-381))) Sec. 2-382. Cooperative purchasing. A. The City of Jefferson desires to participate in the cooperative procurement program with the State of Missouri, the County of Cole, the Housing Authority and any other interested governmental bodies. The purchasing agent shall be the designated city representative for the administration of the cooperative procurement program. (Resolution passed 8-20-79) B. In lieu of the purchasing requirements set out in this chapter, the purchasing agent shall be authorized to approve purchases based upon a bid received by another government entity within this State, provided that all of the following requirements are met: 1. The other entity must have competitively bid the purchase using procedures which are substantially similar to the procedures which would have been required had the City of Jefferson bid the purchase itself as determined by the purchasing agent; and, 2. The purchasing agent receives verification, acceptable to the purchasing agent, that the other governmental entity’s procedures were actually followed; and 3. The successful bidder to the other governmental entity must state in writing, in a form acceptable to the purchasing agent, that the City of Jefferson is authorized to make the same purchase at the same price. (Previously codified in section 2-382)) Sec. 2-383. Preference for U.S.-manufactured goods. A. Each contract for the purchase or lease of manufactured goods or commodities by the City, and each contract made by the City for construction, alteration, repair, or maintenance of any public works shall contain a provision that any manufactured goods or commodities used or supplied in the performance of that contract or any subcontract thereto shall be manufactured or produced in the United States. This section shall not apply where the purchase, lease, or contract involves an expenditure of less than twenty- Rev. 12/31/2011 43 five thousand dollars. This section shall not apply when only one line of a particular good or product is manufactured or produced in the United States. This section shall not apply where the executive head of the public agency certifies in writing that: 1. The specified products are not manufactured or produced in the United States in sufficient quantities to meet the agency's requirements or cannot be manufactured or produced in the United States within the necessary time in sufficient quantities to meet the agency's requirements; 2. Obtaining the specified products manufactured or produced in the United States would increase the cost of the contract by more than ten percent; B. Every commission, board, committee, officer or other body of the City shall purchase and use only those materials, products, supplies, provisions and other needed articles produced, manufactured, compounded, made or grown within the state of Missouri, when they are found in marketable quantities in the state and are of a quality suited to the purpose intended and can be secured without additional cost over foreign products or products of other states; provided, however, that quality and fitness of articles shall be considered in purchasing or letting contracts for articles herein mentioned (Ord. 10939, § 1, 10-19-87; Ord. No. 11936, § 2, 7-19-93 State Law reference Sub-Section A § 34.353 RSMo, Sub- Section B § 71.140. RSMo. (Previously codified in section 2-383))) Sec3 2-383.1. Preference to Missouri products and firms A. In making purchases, the City shall give preference to all commodities and tangible personal property manufactured, mined, produced, processed, or grown within the State of Missouri, to all new generation processing entities defined in section 348.432, RSMo, except new generation processing entities that own or operate a renewable fuel production facility or that produce renewable fuel, and to all firms, corporations or individuals doing business as Missouri firms, corporations or in dividuals, when quality is equal or better and delivered price is the same or less. The City may also give such preference whenever competing bids, in their entirety, are comparable. For purposes of this section, “commodities” shall include any agricultural product that has been State Law reference § 34.070 RSMo, B. Provision B shall not be applicable when prohibited by state or federal law or would violate any funding condition set out by the State or Federal government. (Previously codified in section 2-383.1)) Sec. 2-384. Surplus Property. A. On a yearly basis, or as needed, all departments shall submit to the purchasing agent reports showing any personal property to be declared surplus. The report shall include any surveys, drawings, appraisals or other information that may be pertinent to the sale or disposal of the property. The purchasing agent shall submit a report to the city council informing them of the content of the departmental reports. B. Personal property declared to be surplus may be disposed of in the following manner: 1. Sale by auction, or 2. Sale by sealed bid, or 3. Solicitation of offers to purchase the asset. Such solicitations shall be upon the condition that no offer less than the expected sale price carried on the item as reported to the city council may be accepted, unless a lower price is approved by the City Administrator with notice to the City Council, or Rev. 12/31/2011 44 4. Sales based upon a negotiated agreement with a particular vendor, provided that such vendor must be selected according to an established written procedure which provides a mechanism for all interested parties to make proposals in a fair an even manner. Direct negotiations as provided in this sub-section may only be used if the Purchasing Agent certifies to the Council that the use of direct negotiations in a particular instance is in the best interests of the City, and setting forth in particular why such means are in the best interests of the City, and why the other a vailable means are less desirable. This subsection shall also authorize negotiated agreements which include a repurchase agreement, or 5. Sales by a third party selected according to the City’s standard procedures for selecting providers of services. Any such agreement shall set forth the parameters and authority of the third party provider. (Ord. No. 11747, § 1, 6-4-92; Ord. No. 11936, § 2, 7-19-93(Previously codified in section 2-384))) Sec. 2-385. Announcement and Method of Sale of surplus real property. A. A notice shall be published in the newspaper with the highest circulation in the city and posted at City Hall not less than thirty (30) days before bid opening, announcing the city's intent to sell real property. The purchasing agent shall offer for public inspection the file of all nonconfidential documents for public information. B. During the thirty day period, sealed bids may be filed with the purchasing agent. In determining which bid to accept, the council may consider the competitive nature of the bid as well as the location of the property and whether the bidder owns property adjacent to or close by the property which is the subject of the sale. (Ord. No. 11747, § 1, 6-4-92; Ord. No. 11936, § 2, 7-19-93) C. The City may elect to dispose of real property by seeking requests for proposals where the bid price may be only one of several factors. Such requests shall not be considered an offer to sell the proper ty but shall be deemed to be negotiations as to the possible sale of real estate for the purposes of Chapter 610 RSMo. (Previously codified in section 2-385) Sec. 2-386. Minimum Bid Requirement and Rejection of Bids. The city council may establish a minimum bid requirement for any property and may reject any and all bids. (Ord. No. 11747, § 1, 6-4-92; Ord. No. 11936, § 2, 7-19-93(Previously codified in section 2-386))) Sec. 2-387. Sale of Park Commission Property. Should the Parks and Recreation Commission determine that property owned by the Parks Commission is surplus, the procedure outlined above for the disposal of surplus property shall be followed. The Commission may establish a minimum bid requirement for any parcel of property at the time it declares it surplus. (Ord. No. 11747, § 1, 6-4-92; Ord. No. 11936, § 2, 7-19-93(Previously codified in section 2-387))) Sec. 2-388. Letter of Intent. At any time, a letter of intent may be filed with the city clerk by a member of the public who is interested in purchasing city-owned property. The letter shall state the property, its locat ion, and the price the purchaser would be willing to pay for the property. The city clerk shall forward the letter of intent to the city council. Rev. 12/31/2011 45 (Ord. No. 11747, § 1, 6-4-92; Ord. No. 11936, § 2, 7-19-93(Previously codified in section 2-388))) Sec. 2-389. Debarment. A. The purchasing agent is authorized to debar a person from consideration for award of contracts for any of the following reasons: 1. Conviction of a criminal offense as an incident to obtaining or attem pting to obtain a public or private contract or subcontract, or in the performance of such contract or subcontract. 2. Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of integrity or honesty which currently, seriously and directly affects responsibility as a city contractor or vendor. 3. Conviction under state or federal antitrust statutes arising out of the submission of bids or proposals. 4. Deliberate failure without good cause to perform in accordance with contract specifications or within the time limit provided in the contract. 5. A recent record of failure to perform or of unsatisfactory performance in accordance with the terms of one or more contracts; provided that failure to perform or unsatisfactory performance caused by acts beyond the control of the contractor or vendor shall not be considered a basis for debarment. 6. Any other cause so serious and compelling as to affect responsibility as a city contractor, including debarment by another governmental entity for any cause listed in this article. B. The length of a debarment shall not exceed three (3) years. C. An action to debar a contractor may be initiated and shall proceed as follows: 1. The purchasing agent shall initiate a debarment by serving written notice of the debarment to the person he intends to debar. The notice shall set forth the specific grounds for the debarment and advise the person of his right to appeal. The notice shall be served by registered or certified mail or by delivering a copy of the notice to the person subject to debarment or his agent or employee. The debarment shall take effect ten (10) days after service of the notice unless an appeal is taken to the director of finance. If such an appeal is taken, the debarment shall not take effect until a final order upholding the debarment is entered by the director or until the appeal is dismissed by the appellant. 2. Within ten (10) days after service of a written notice of debarment, the person affected by the notice may file a written request for a hearing before the director of finance contesting the debarment. 3. The director of finance shall set the matter for hearing on the record within thirty (30) days of the receipt of a request for a hearing. At least ten (10) days notice of the hearing shall be given to the affected person and to the head of the purchasing division. 4. At the hearing, each party shall have the right to call and examine witnesses, introduce exhibits, Rev. 12/31/2011 46 cross-examine opposing witnesses and impeach any witness. Oral evidence shall be taken only on oath or affirmation. All evidence shall be suitably recorded and preserved. The technical rules of evidence shall not apply, except the director may exclude evidence which is irrelevant or repetitious. Each party shall be entitled to present oral arguments or written briefs at or after the hearing. 5. Within ten (10) working days of the hearing, the director of finance shall make written findings of fact and conclusions of law and issue a final order. Findings of fact shall be based upon competent and substantial evidence found in the records as a whole. A copy of the dir ector's order, his findings of fact and conclusions of law, shall be delivered or mailed to the purchasing agent and to the affected person. 6. An appeal from the director's order shall be to the circuit court pursuant to Chapter 536, RSMo. 7. Cost of Proceedings. The cost of debarment proceedings shall be taxed against the losing party. 8. Nothing in this section shall limit the authority of the purchasing division to accept the bid which in his judgment is the lowest and best bid, or to reject any or all bids or to reject a bid on grounds which could have been used to debar the bidder. (Ord. No. 11936, § 3, 7-19-93(Previously codified in section 2-389))) Sec. 2-390. Sole source procurement. A. Competitive bids can be waived when there is only a single feasible source. A single feasible source is defined as listed below. 1. Proprietary, only available from manufacturer or single distributor. 2. Bidding history determines that the item is only available from manufacturer or a single distributor. Advertising may be waived in the above circumstances. (Previously codified in section 2-390)) Sec. 2-391. Purchases of certain commodities exempt. A. All purchases of the following commodities shall not be purchased pursuant to the procedures in Section 2- 379, item (c) but shall be purchased according to the procedures in this section: 1. Any chemical purchased by the Street Division or Wastewater Division or Parks and Recreation Department in bulk. 2. Fuel. B. Purchases of items authorized by this section shall be made as follows: 1. The purchasing agent shall maintain a list of approved vendors of each authorized item. The criteria for approval shall be designated by each affected department director. Vendors may be added to the list by the department director or at the request of the vendor. The person requesting Rev. 12/31/2011 47 a vendor’s name to be added to the list shall provide the information necessary to show compliance with the criteria set forth. 2. The purchasing agent, at the request of the department director, is hereby authorized to purchase such quantities of the material as are requested, from the approved vendor then offering the lowest price, without further authorization but in no event shall the total amounts of the purchase exceed the amounts appropriated. (Previously codified in section 2-391)) Sec. 2-392. Purchases from federal surplus property. All purchases from federal surplus property (Surplus Property, State of Missouri) are exempt from purchasing limits Sec. 2-379 items (a), (b), (c). (Previously codified in section 2-392)) Sec. 2-393. General Services Administration (G S A) contracts. All purchases from General Services Administration (G S A) contracts are exempt from Sec 2 -379. Purchasing limits do not apply in these instances. (Previously codified in section 2-393)) Sec. 2-394. Policies and Procedures for Selecting Professional Service Firms including Architectural, Engineering and Land Surveying Firms. The following describes policies and procedures to be used by City of Jefferson in selecting professional service firms. Professional service firms including, but not li mited to, architectural, engineering and land surveying firms shall be referred to as "firms". A. CONTRACTS AND FEES It shall be the policy of City of Jefferson to negotiate contracts with firms for services on the basis of demonstrated competence and qualifications for the type of services required and at fair and reasonable fees. B. QUALIFICATIONS OF FIRMS It shall be the policy of City of Jefferson to encourage firms engaged in the lawful practice of their professions to annually submit statements of th eir qualifications and performance record. Whenever a proposed project requires the services of a firm, the City shall evaluate current statements of qualifications and performance records of firms on file together with those that may be submitted by other firms regarding the proposed project. The City shall use the following criteria in evaluating the qualifications of each firm: 1. The specialized experience and technical competence of the firm with respect to the type of services required. 2. The capacity and capability of the firm to perform the work in question, including specialized services, within the time limitations fixed for the completion of the project. Rev. 12/31/2011 48 3. The past record of performance of the firm with respect to such factors as control costs, quality of work, and ability to meet schedules. 4. The firm's proximity to and familiarity with the area in which the project is located. C. CITY FILES FOR FIRMS AND PROJECTS 1. The purchasing agent shall compile and maintain a file of firms that are pot ential consultants for doing projects for City of Jefferson. 2. The purchasing agent shall prepare every six months, a list of all the firms used in the preceding year for review. 3. Each firm shall be evaluated within 30 days after completing a contract with the City. 4. When a project is proposed, the principal department proposing the project shall prepare a description of the project, including the Scope of Work, the identification of applicable plans, a timetable and a budget. 5. The selection committee, shall prepare a list of firms from the file for the proposed project. Selection of the firms shall be based upon preliminary review comparing the nature of the job with the experience of the firms and other significant factors. 6. The firms selected shall be sent a description of the project and a questionnaire designed to obtain more detailed information related to the firm's qualifications for the specific project. Selected firms from those responding to the questionnaire shall be interviewed by a selection committee. D. SELECTION COMMITTEE The selection committee shall be appointed by the City Administrator. The selection committee shall be composed of the department director and at least two additional members from other departments. This Committee shall review the information at hand and the principals of the firms. Whenever the project involves total expenditures of over $500,000.00 or the anticipated expenditure for professional services being sought exceed $25,000.00 all members of the Council shall be notified of the proceedings of the selection committee. E. NEGOTIATION FOR CONTRACT 1. The selection committee shall select from the file for each project, three firms that are highly qualified to fulfill the proposed assignment in the best interest of the City. The firms shall be placed in ranked order. 2. The firm ranked first shall be asked to make a comprehensive written and oral presentation demonstrating its methods and experience related to the project, which principals shall be assigned to the project, the consultants to be used, a schedule of document preparation, estimating procedures, services to be rendered during construction, and any other information helpful in determining how well the particular firm is qualified to do the job. 3. The selection committee shall then reach a decision as to whether or not to proceed with fee negotiations with the selected firm. If the parties reach an agreement, a contract shall be prepared and the other firms shall be promptly advised. 4. If the first-ranking firm's proposal is not satisfactory, negotiations shall be initiated with the second-ranking firm. Again, if the negotiations are unsatisfactory, the selection committee shall negotiate with the third-ranking firm. If these negotiations prove unsatisfactory, the project shall be restudied and the City’s expectations shall be reexamined before beginning the process again. If the process begins again, the selection committee shall compile a list of qualified firms and proceed in the same manner. Rev. 12/31/2011 49 (Previously codified in section 2-394)) Sec. 2-395. Bidding procedure for construction projects. The following describes procedures to be followed by the City in selecting constr uction contractors for projects. When construction documents have been completed and approved and the approved sets have been delivered to the appropriate City official, the next step is the selection of a construction firm for the project. This contractor shall be selected as follows: A. Competitive bids: The City shall seek competitive bids for projects by advertising and or invitations to prospective contractors that the City intends to construct said project B. Advertising or invitation to contractors: To inform prospective bidders that a contract is to be awarded and invite bids for the proposed project an advertisement shall be placed in a daily paper of general circulation. Items which may be included in the advertisement or invitation are: 1. A brief description of the project and its location. 2. Name and address of the owner. 3. Name and address of the person authorized to receive bids. 4. The place, date and hour of bid opening, restrictions on submission, changes and withdrawal of bids. 5. Character of bids: Phasing, unit-price, lump-sum, alternates etc. 6. Quantities involved in the project. 7. The amount of the bid surety and whether it is to be by certified check, bid bond etc. and provisions for returning surety to unsuccessful bidders. 8. Statement as to where plans and specifications may be obtained or examined and the charge or deposit required for each set and provision for recovery of charge or deposit when documents are returned. 9. Conditions of contract award and the owner's right to accept the lowest responsible bid and to reject any or all bids. 10. Name of the consultant and the authorized representative for the owner and consultant. 11. Contract surety: The amount and type of performance and payment bond. C. Instructions to bidders: A document in which all bidders are furnished identical information on the features of the project along with instructions on the procedure to be followed in submitting bids. Items which may be included in the instructions to bidders ar e: 1. Bidder's experience, work record and or prequalification data. 2. Procedure for completing and submitting the bid. 3. A list of the plans and specifications and an estimate of quantities for unit -price contracts or an exact description of the scope of the project if contract is to be lump-sum. 4. An estimate of the time it will take the bidder to complete the project. 5. Responsibility for accuracy of bidding information in reference to subsoil data, test borings, errors in plans and specifications, etc. 6. Information on formalities and informalities in accepting or rejecting bids. 7. Miscellaneous instructions as needed. D. Bid form: A document to ensure that all bids are prepared in a similar manner and to facilitate the analysis Rev. 12/31/2011 50 and comparison of bids and to detect informalities in the bids. It is a convenience to bidders and it encourages accuracy and fairness. Items which may be included in the bid form are: 1. An offer from the bidder to perform the work as specified for a given price. 2. An agreement to complete the project in a given number of days after the notice to proceed has been given. 3. The amount of the bid bond, certified check or other form of guarantee that is to accompany the bid. 4. An agreement by the bidder to furnish the required contract surety if the contract is awarded. 5. Provision for the bidder to acknowledge receipt of all addenda to the plans and specifications. 6. The list of subcontractors to be employed for special work. 7. The experience record, financial statement and plant equipment questionnaire, when required. 8. Statement that there is no collusion or fraud with reference to illegal relationships of bidders and representatives of the Owner or consultant, bid pooling or straw bids. 9. Statement by the bidder that the site has been examined and the plans and specifications are understood by the bidder. 10. Appropriate signatures and witnesses as required. E. Pre-bid conference: Preparatory to putting the bid together, a pre-bid conference may be held for those bidders anticipating submitting a bid on said project. The pre-bid conference is to do the following: 1. Allow bidders, both contractors and subcontractors a chance to ask questions of those who prepared the plans and wrote the specifications. 2. Allow explanations and answers to questions to be given by those best qualified. 3. To allow scheduled pre-bid conference to be held midway between advertising for bids and the bid opening date. 4. To give additional opportunities so the site can be visited, if necessary. F. Addenda: During the bidding period, any and all additional instructions, clarifications, interpretation or modifications shall be made by an addendum prepared by the consultant or Owner and signed by the consultant and Owner's representative. 1. The addendum shall be delivered, either by the Owner or the consultant, as agreed upon by the two. 2. A receipt shall be received for all hand delivered addendum by the deliverer. Addendum sent by mail shall be mailed by the fastest delivery method and shall be sent by registered mail with a signed receipt requested. 3. No one is authorized to make any clarifications, interpretations, or modifications or give any instructions to the bidders during the bidding period except as described in this section on ADDENDA. G. Receiving and opening bids: Bids may be submitted at any time after the project has been officially advertised or invitations extended and prior to the hour designated for the opening of the bids. 1. Bids submitted may be withdrawn or changed any time before the official opening. 2. No changes are permitted after bids have been opened. 3. Bids shall be submitted on the proposal/bid form with all accompanying papers placed in a sealed envelope addressed to the person authorized to receive same and endorsed with the bidder's name and the title of the project. Rev. 12/31/2011 51 4. All bids shall be opened and read aloud publicly at the proper time so that all bidders and others interested may be present as witnesses and/or to tabulate amounts. H. Awarding the contract: After the bids have been opened any consultant and the Owner's representative shall meet to determine if a bid is the lowest and best bid submitted by a responsible bidder has been received. The following shall be done: 1. A study of the qualifications of the bidders shall be made to determine if there are irresponsible and undesirable bidders and to eliminate same. 2. An analysis and comparison of bids shall be made to determine the lowest responsible bidder. 3. When a bidder has been determined to be the lowest and best bid submitted by a responsible bidder, the City shall proceed to obtain a contract with the lowest responsible bidder. 4. A formal notice of award shall be issued to the bidder notifying the bidder of his/her selection . The bidder shall be told of the time and place designated to sign the contract. 5. If the bidder determined to be the lowest and best bid submitted by the successful bidder is unable to execute a contract, the City shall proceed to execute a contract wi th the next responsible bidder. If this bidder is unable to execute a contract, the City shall continue the process with all responsible bidders if necessary. 6. The City shall have the right to use any or all of the bid security of any or all bidders to execute a contract when the bidder is unable to execute a contract for a project bid. 7. After acceptance of the bid and the contract has been signed, a formal notice to proceed shall be forwarded to the contractor authorizing the contractor to begin work. (Ord. 13208, §2, 6-4-2001) I. WHEN LOW BID EXCEEDS FUNDS: Occasionally after opening bids, the lowest and best bid submitted by a responsible bidder may exceed available funds. These are the possible alternatives when this happens: (Ord. 13208, §2, 6-4-2001) 1. Reduce the scope of the project to allow bids within the budget. 2. Secure additional funds. 3. Rejection of all bids. J. PRECONSTRUCTION CONFERENCE: Immediately after a construction contract has been fully executed and before construction begins, the Owner, consultants and contractor shall meet to do the following: 1. Meet with subcontractors and the superintendent for the project. 2. Get acquainted and discuss the several phases of the project so that when understood by all, the job will run smoothly. 3. To establish lines of communication and lines of authority to be followed during construction. 4. To discuss items of interest and concern to all. (Ord. 12316, 7/24/95; Ord. No. 14549, §1, 6-15-2009(Previously codified in section 2-395))) Sec. 2-398. Purchases of vehicles. The Purchasing Agent is authorized, contrary provisions of the City Code notwithstanding, to purchase vehicles by any of the following means, except when State or Federal laws or regulations, or the provisions of any grant agreement, require otherwise: Rev. 12/31/2011 52 A. Competitive bidding as provided in this chapter B. Purchase from State Contract C. Purchase from MoDOT Contract D. Purchases based upon a negotiated agreement with a particular vendor, provided that such vendor must be selected according to an established written procedure which provides a mechanism for all known interested parties to make proposals in a fair an even manner. Direct negotiations as provided in this sub- section may only be used if the Purchasing Agent certifies to the Council that the use of direct negotiations in a particular instance is in the best interests of the City, and setting forth in particular why such means are in the best interests of the City, and why the other available means are less desirable. This subsection shall also authorize negotiated agreements which include a repurchase agreement. In making such purchases, the Purchasing Agent shall abide by all provisions of the City Code not inconsistent with this Division, all rules set forth by the Council, and all policies adopted by the City Administrator. (Previously codified in section 2-398))) Sec. 2-399. Sale of vehicles. The Purchasing Agent is authorized, contrary provisions of the City Code notwithstanding, to dispose of vehicles by any of the following means, except when State or Federal laws or regulations, or the provisions of any grant agreement, require otherwise: A. Sale by auction B. Sale by sealed bid C. Solicitation of offers to purchase the vehicle. Such solicitations shall be upon the condition that no offer less than the purchase price may be accepted, unless a lower price is authorized by the City Administrator with Notice to the Council. D. Sales based upon a negotiated agreement with a particular vendor, provided that such vendor must be selected according to an established written procedure which provides a mechanism for all interested parties to make proposals in a fair an even manner. Direct negotiations as provided in this sub-section may only be used if the Purchasing Agent certifies to the Council that the use of direct negotiations in a particular instance is in the best interests of the City, and setting forth in particular why such means a re in the best interests of the City, and why the other available means are less desirable. This subsection shall also authorize negotiated agreements which include a repurchase agreement. E. Sales by a third party selected according to the City’s standard procedures for selecting providers of services. Any such agreement shall set forth the parameters and authority of the third party provider. (Ord. No. 13829, §1, 1-18-2005; Ord. No. 14549, §1, 6-15-2009(Previously codified in section 2-399))) Sec. 2-406. Purchase of City Property by City Employees. City employees shall not be allowed to purchase surplus city property unless such property is sold to the highest bidder or, if offered at a pre-determined price then only after the item has been offered to the general public for no less than six days. (Previously codified in section 2-406)) Sec. 2-407. Automotive purchase and replacement advisory group. The City Administrator may create an Automotive Purchase and Replacement Advisory Group composed of staff members representing the various departments which have vehicles assigned to them, for the purpose of making recommendations to the City Administrator as to the vehicles which should be purchased, replaced or sold. Rev. 12/31/2011 53 The Purchasing Officer shall be the non -voting chairman of such a committee. (Ord. No. 14549, §2, 6-15-2009 (Previously codified in section 2-407)) (Ord. No. 13829, §1, 1-18-2005; Ord. No. 13860, §§1, 2, 3, 4-4-2005; Ord. No. 14549, §1, 6-15-2009) Section 3. The City Council recognizing that this bill changes numerous statutory references which may be referenced in other par ts of the City Code, authorizes the City Clerk to amend any such citation found in the City Code changed by passage of this bill. Section 4. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: Approved: Presiding Officer Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Counselor Rev. 12/31/2011 54 NOTES