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HomeMy Public PortalAboutORD15873 BILL NO. 2018-096 SPONSORED BY Councilman Fitzwater CO-SPONSORED BY Councilman Hussey ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, SUBMITTING AN AMENDMENT TO THE CHARTER OF THE CITY OF JEFFERSON RELATING TO THE OFFICE OF CITY PROSECUTOR TO A VOTE OF THE CITIZENS OF THE CITY OF JEFFERSON. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. Article VI (Administrative Organization and Personnel System) Section 6.6 (City Prosecutor) of the Charter of the City of Jefferson shall be amended to add a new subsection (f) and (g), to read as follows: (f) The city prosecutor may be removed from office by a four-fifths vote of the council if the city prosecutor: 1. Lacks at any time during the city prosecutor's term in office any qualifications for the office prescribed by this charter or by law, 2 Violates any express prohibition of this charter, 3. Is convicted of a felony, 4. Is convicted of a misdemeanor involving moral turpitude, 5. Is in default to the City, 6. Neglects the duties of office, or 7. Is incapacitated from fulfilling the duties of their office for the remainder of their term. (g) The process and procedures for removal of the city prosecutor from office for cause shall be established by ordinance. Section 2. The amendment as set forth in Section 1 shall be submitted to the qualified voters of the City of Jefferson, Missouri, for their approval, at the election to be held on the 2nd day of April, 2019, at the places designated by the Election Authority for said election and the ballot shall be in substantially the following form: PROPOSITION C Shall Section 6.6 of Article VI (Administrative Organization and Personnel System) of the Charter of the City of Jefferson be amended to provide that the city prosecutor may be removed from office by a four-fifths vote of the council for lack of qualifications, violation of the charter, conviction of felonies or misdemeanors involving moral turpitude, default to the City, neglect of office, or incapacity; and to provide that the procedure for removal of the city prosecutor may be established by ordinance, as provided in Ordinance No./SO' passed Drafter's Note: Deleted text is shown thus.s. Inserted text is shown thus. and approved by the City Council on January_, 2019? [ ] YES [ ] NO If you are in favor of the question, place an "X" in the box opposite "Yes". If you are opposed to the question, place an "X" in the box opposite "No". Section 3. The Mayor and City Clerk shall prepare and execute the form of the Notice of said Election and shall transmit the same to the Election Authority for the City of Jefferson, Missouri and request said election be conducted by law. Section 4. If a majority of the qualified voters voting at said election shall vote in favor of the approval of this ordinance, then the same shall be binding in full force and effect from and after such approval. Section 5. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, as such holdings shall not affect the validity of the remaining portion thereof. Section 6. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed:JAMA.t yy /l £ I‘,2,6„1PY Approved: 9a44. l✓ � a'O altAiue 6e4,0, ("}(1.6.2,.; Presiding Officer Mayor Carrie Tergin ATTEST: APPROVED AS TO FORM: 14 �. 'ty Clerk City C. :elor Drafter's Note: Deleted text is shown thus. Inserted text is shown thus.