HomeMy Public PortalAboutCharterCHARTER
Orme
CITY OF JEFFERSON, MISSOURI
Revised June, 2020
Prepared and Submitted by the Jefferson City Charter Commission
Also published online at www jeffcitymo.org
TABLE OF CONTENTS
ARTICLE 1—INCORPORATION, NAME AND BOUNDARIES....................................................................
5
Section 1.1.
Incorporation, Name and Boundaries............................................................................5
ARTICLE II—POWERS................................................................................................................................
6
Section2.1.
Powers.............................................................................................................................6
Section2.2.
Construction....................................................................................................................6
ARTICLE III—THE COUNCIL.......................................................................................................................7
Section 3.1.
Where Powers Vested.....................................................................................................7
Section 3.2.
Composition, Eligibility, Election, and Terms..................................................................7
Section 3.3.
Compensation; Expenses...............................................................................................7
Section 3.4.
President Pro Tempore...................................................................................................7
Section3.5.
Prohibitions......................................................................................................................7
Section 3.6.
Vacancies; Removal from Office; Filling of Vacancies ....................................................
8
Section 3.7.
Judge of Qualifications....................................................................................................8
Section3.8.
City Clerk.........................................................................................................................
8
Section3.9.
Investigations..................................................................................................................9
Section3.10.
Annual Audit..................................................................................................................9
Section 3.11.
Legislative Proceedings................................................................................................9
ARTICLE IV—MAYOR...............................................................................................................................12
Section 4.1.
Election, Term; Qualifications.......................................................................................12
Section4.2.
Salary............................................................................................................................12
Section4.3.
Vacancy In Office..........................................................................................................12
Section 4.4.
Mayor's Powers and Duties..........................................................................................13
ARTICLE V—CITY ADMINISTRATOR......................................................................................................14
Section 5.1.
City Administrator..........................................................................................................
14
Section 5.2.
Duties and Powers........................................................................................................14
ARTICLE VI—ADMINISTRATIVE ORGANIZATION AND PERSONNEL SYSTEM..................................15
Section 6.1.
Administrative Organization..........................................................................................15
Section 6.2.
Parks and Recreation Commission...............................................................................15
Section 6.3.
Police Department.........................................................................................................16
Section6.5.
City Attorney..................................................................................................................16
Section6.6.
City Prosecutor..............................................................................................................17
Section6.7.
Municipal Court.............................................................................................................17
Section 6.8.
Personnel System.........................................................................................................18
ARTICLE VII—FINANCIAL PROCEDURES..............................................................................................19
Section 7.1.
Establishing Financial Procedure..................................................................................19
1
ARTICLE VIII—NOMINATIONS AND ELECTIONS...................................................................................20
Section8.1. City Elections.................................................................................................................20
Section8.2. Nominations..................................................................................................................20
Section8.3. Tie Vote.........................................................................................................................20
Section8.4. Council Wards...............................................................................................................20
ARTICLE IX—INITIATIVE, REFERENDUM, AND RECALL......................................................................21
Section 9.1. General Authority..........................................................................................................21
Section 9.2. Commencement of Proceedings; Petitioners' Committee; Affidavit..............................21
Section 9.3. Filling and Approval of Petitions....................................................................................21
Section9.4. Petitions.........................................................................................................................21
Section 9.5. Procedure after Filing....................................................................................................22
Section 9.6. Referendum Petitions; Suspension of Effect of Ordinance...........................................22
Section 9.7. Action on Petitions.........................................................................................................22
Section 9.8. Results of Election.........................................................................................................23
Section 9.9. Resubmission of Initiative Petitions...............................................................................23
Section9.10. Recall..........................................................................................................................23
Section 9.11. Recall Petition.............................................................................................................23
Section 9.12. Recall Elections...........................................................................................................24
Section9.13. Recall Ballot................................................................................................................24
Section 9.14. Effect of Election.........................................................................................................
24
Section 9.15. Propositions to be Separately Submitted....................................................................
24
ARTICLE X—FRANCHISES......................................................................................................................25
Section 10.1. Granting of Public Utility Franchises...........................................................................25
Section 10.2. Right of Regulation......................................................................................................25
Section 10.3. Operation Beyond Franchise Period...........................................................................25
ARTICLE XI—LICENSING, TAXATION, AND REGULATION OF BUSINESSES, OCCUPATIONS,
PROFESSIONS, VOCATIONS, AND OTHER ACTIVITIES OR THINGS..................................................26
Section 11.1. Objects of Licensing, Taxation, and Regulation..........................................................26
ARTICLE XII—GENERAL PROVISIONS...................................................................................................27
Section 12.1. Conflicts of Interest......................................................................................................27
Section12.2. Prohibitions..................................................................................................................27
Section12.3. Notice of Suits.............................................................................................................28
Section 12.4. Official Bonds..............................................................................................................28
Section 12.5. Charter Amendment....................................................................................................28
Section 12.6. Public Improvement and Special Assessments..........................................................29
Section 12.7. Word Construction, Gender, Etc.................................................................................29
2
Section12.8. Severability..................................................................................................................29
Section 12.9. Computation of Time...................................................................................................29
ARTICLE XIII—TRANSITIONAL PROVISIONS.........................................................................................
30
Section 13.1. Personnel System.......................................................................................................30
Section 13.2. Ordinances to Remain in Force..................................................................................30
Section 13.3. Pending Actions and Proceedings..............................................................................30
Section 13.4. Continuance of Contracts, Public Improvements and Taxes......................................30
Section 13.5. Officials to Continue, exceptions.................................................................................
30
ARTICLEXIV—[RESERVED]........................................................................................................................
31
ARTICLE XV—GAMBLING PROHIBITIONS.............................................................................................32
Section 15.1. Certain Gambling Activity Prohibited...........................................................................32
Section 15.2. Activities Outside Jurisdiction Not Prohibited..............................................................32
A HISTORY OF THE CITY CHARTER......................................................................................................33
CHARTER AMENDMENTS........................................................................................................................34
3
CHARTER OF THE
CITY OF JEFFERSON, MISSOURI
PREAMBLE
In order to provide for the government of the City of Jefferson, and secure the benefits and
advantages of constitutional home rule under the Constitution of the State of Missouri, the people of the
City of Jefferson adopt the following charter:
4
ARTICLE I—INCORPORATION, NAME AND BOUNDARIES
Section 1.1. Incorporation, Name and Boundaries.
The inhabitants of the City of Jefferson, within the corporate limits as now established or as
hereafter established in the manner provided by law, shall continue to be a municipal body politic and
corporate in perpetuity, under the name of the City of Jefferson.
5
ARTICLE II—POWERS
Section 2.1. Powers.
The City shall have all powers which the General Assembly of the State of Missouri has authority
to confer upon any city, provided such powers are consistent with the Constitution of this State and are
not limited or denied either by this charter or by statute. The City shall, in addition to its home rule powers,
have all powers conferred by law.
Section 2.2. Construction.
The powers of the City shall be liberally construed. The grant of a specific power or powers to the
City by the provisions of this charter shall not be construed to limit the powers of the City granted by
section 2.1 of this article.
0
ARTICLE III—THE COUNCIL
Section 3.1. Where Powers Vested.
Except as this charter provides otherwise, all powers of the City shall be vested in the council.
The council shall provide for the exercise of these powers and for the performance of all duties and
obligations imposed on the City by law.
Section 3.2. Composition, Eligibility, Election, and Terms.
(a) Composition. There shall be a council composed of ten members each of whom shall be
nominated and elected by the qualified voters of the councilmember's ward, as provided in Article
VIII of this charter.
(b) Eligibility. No person shall be eligible for the office of councilmember who is not at least twenty-
one years of age, a citizen of the United States, a qualified voter and who has not resided in the
City for at least one year, and in the ward from which elected for at least six months next
preceding such election, nor shall any person be elected or appointed to the office of
councilmember who at that time such person files with the city clerk for inclusion on the ballot is in
arrears for any unpaid City taxes, or is guilty of defalcation in office, or who has been removed
from the office of councilmember.
(c) Election and terms. Two councilmembers shall be elected from each ward by the qualified voters
thereof to serve terms of two years and until their successors are elected and installed. The terms
of the councilmembers from each ward shall be staggered a year apart so that five
councilmembers shall be elected at each municipal general election, save special elections to fill
unexpired terms in the case of vacancy.
(d) Limitation on terms. A councilmember is prohibited from serving more than four consecutive full
terms on the City council. Any service resulting from an election or appointment to fill an
unexpired remaining term pursuant to Section 3.6 shall not be counted toward the total number of
terms a person can serve. After a person serves four consecutive full terms as a councilmember,
a full two-year councilmember term must pass before such person is eligible to serve as a
councilmember again.
Section 3.3. Compensation; Expenses.
The council shall determine the annual compensation of councilmembers by ordinance, but the
salary of a councilmember shall not be increased or diminished during their term. Councilmembers may
receive reasonable reimbursement for actual and necessary expenses as approved by the mayor and
council.
Section 3.4. President Pro Tempore.
The mayor shall be president of the council. At the first regular meeting of the newly elected
council after the election in each year, the council shall elect one of its members president pro tempore,
who shall hold such office for the term of one year and who, in the absence of the mayor, shall preside at
the meetings of the council; provided, that in the absence of both the mayor and the president pro
tempore, the council may select one of its members present to preside at such meeting who shall be
styled acting president pro tempore.
Section 3.5. Prohibitions.
(a) Holding Other Office. No councilmember shall hold any other City office or employment within the
City government during the term for which such councilmember was elected to the council.
7
(b) Appointments and Removals. No member of the council shall direct or request the appointment of
any person to, or the removal of any person from, any office below the level of department head
by the city administrator or any subordinates of the city administrator, or in any manner take part
in the appointment or removal of such employees in the administrative services of the City.
Nothing contained in this section shall preclude recommendations by the council members
concerning employees below the department head level.
(c) Interference with Administration. No member of the council shall interfere directly with the conduct
of any department or duties of employees subordinate to the city administrator except at the
express direction of the council. Except for the purpose of inquiry and transmittal of citizen
complaints, council members shall deal with the administrative service solely through the city
administrator, and no council member shall give orders to any subordinates of the city
administrator, either publicly or privately.
Section 3.6. Vacancies; Removal from Office; Filling of Vacancies.
(a) Vacancies. The office of a councilmember shall become vacant upon the death, resignation,
removal from office, removal of residence from the ward from which elected or appointed, or
forfeiture of office of any councilmember.
(b) Removal from Office. A councilmember may be removed from office by a two-thirds vote of the
council if such councilmember:
1. Lacks at any time during the councilmember'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. Fails to attend three consecutive meetings of the council without just cause, or
7. Is incapacitated from fulfilling the duties of their office for the remainder of their
term.
(c) Filling Vacancies. A vacancy in the council shall be filled by the council by a majority vote of all its
remaining members for a period extending to the next municipal general election at which time a
person shall be elected to serve the remainder of the term.
Section 3.7. Judge of Qualifications.
The council shall be the judge of the election and qualifications of its members and of the grounds
for removal of a councilmember from office and for those purposes shall have power to subpoena
witnesses, administer oaths and require production of evidence. A member charged with conduct
constituting grounds for removal from office shall be entitled to a public hearing on demand. Decisions
made by the council under this section shall be subject to review by a court of competent jurisdiction.
Section 3.8. City Clerk.
The council shall appoint an officer who shall have the title of city clerk. The city clerk shall keep
the journal of council proceedings, authenticate by signature all ordinances and resolutions, and record all
ordinances and resolutions in full in a book kept for that purpose. The city clerk shall perform such other
duties as may be required by law, by this charter, or by the council. The city clerk shall hold office at the
pleasure of the council. The city clerk shall be a resident of the City, provided that residency within the
city limits must be established within one hundred eighty days of the first day of employment with the City,
0
which may be extended by a single additional one hundred eighty day period upon a majority vote of the
council.
Section 3.9. Investigations.
The council may make investigations into the affairs of the City and the conduct of any City
department, office or agency and for these purposes may subpoena witnesses, administer oaths, take
testimony and require the production of evidence. Any person who fails or refuses to obey a lawful order
issued in the exercise of those powers by the council shall be guilty of an offense and punishable by a
fine or imprisonment as determined by ordinance.
Section 3.10. Annual Audit.
The council shall provide for an independent audit of all City accounts at least annually. Such
audits shall be made by a certified public accountant or firm of such accountants who have no personal
interest, direct or indirect, in the fiscal affairs of the City government or any of its officers. A copy of the
report prepared by a certified public accountant or firm of such accountants shall be kept in the city clerk's
office and shall be open to public inspection.
Section 3.11. Legislative Proceedings.
(a) 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 call a special meeting by notifying the city
clerk. 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.
(b) Rules and Journals. The council shall determine its own rules and order of business. It shall
cause a journal of its open proceedings to be kept and this journal shall be open to public
inspection.
(c) Voting. Voting shall be by roll call except on procedural motions, and the ayes and nays shall be
recorded in the journal. Six members of the council shall constitute a quorum for its business.
Except as otherwise provided in this charter, the adoption of an ordinance or resolution shall
require the affirmative vote of six council members, except that in case of a tie vote the ordinance
or resolution may be adopted by the affirmative vote of five members and the mayor.
(d) Form of Ordinances.
Proposed ordinances and resolutions shall be introduced in council only in written or
printed form. The enacting clause of all ordinances shall be:
"BE IT ENACTED BY THE COUNCIL OF THE CITY OF
JEFFERSON, MISSOURI."
The enacting clause of all ordinances submitted by initiative shall be:
"BE IT ENACTED BY THE PEOPLE OF THE CITY OF
JEFFERSON."
No ordinance, except those making appropriations of money and those codifying or
revising existing ordinances shall contain more than one subject which shall be clearly
expressed in its title. Ordinances making appropriations shall be confined to the various
subjects and accounts for which moneys are appropriated.
D
(e.) Procedure.
No ordinance shall be passed except by bill, and all bills shall be numbered
consecutively. Each bill shall have a single primary bill sponsor. An unlimited amount of
councilmembers may be designated as co-sponsors, but co-sponsors shall not have the
rights of the primary bill sponsor. All bills shall be read three times. The reading of a bill
by its title shall be deemed sufficient reading unless further reading is called for by at
least one member of the council. If further reading is called for, and no objection made,
the bill shall be read at length. If, however, objection be made, the question shall be
determined by the majority of the council. The first reading of the bill shall be for
introduction and information. Copies of the bill shall then be made and delivered to all
members of the council and this shall be deemed to be the second reading of the bill.
After introduction, copies of such proposed ordinances shall be provided for public
inspection in the office of the city clerk until it is finally adopted or fails of adoption.
Persons interested in a proposed ordinance shall be given an opportunity to be heard
before the council in accordance with such rules and regulations as the council may
adopt.
The vote on the final passage of a bill shall be taken after the third reading. The final vote
on a bill shall not be taken at the same meeting at which the bill is introduced unless
suspension of this rule is requested by at least one member of the council. Absent the
suspension of this rule, at least ninety-six hours shall intervene between the convening of
a council meeting at which a bill is first introduced and the convening of a subsequent
meeting at which the bill shall be considered for final passage. This rule shall not be
suspended if at least two council members object to its suspension.
3. When a bill is reached in its order to be agreed to and read a third time and placed upon
its final passage, it may, upon the request of the primary sponsor thereof, be laid over
informally and placed immediately on the informal calendar, and thereafter called up by
the primary bill sponsor or a majority vote of the council at any time when otherwise in
order.
4. All bills laid over informally and not taken up and disposed of at the same meeting shall
appear in order upon the agenda for the next following regular council meeting.
5. If a bill laid over informally is not taken up for further consideration within three regular
council meetings after being so laid over, it shall be dropped from the agenda of the
council without further action of the council.
(f.) Effective Date, Authentication and Reporting. Every ordinance passed by the council and
approved by the mayor shall take effect and be in force immediately after such approval, unless a
later effective date is expressly provided in the ordinance. All ordinances and resolutions finally
adopted by the council shall be authenticated by the signature of the presiding officer at the
meeting of the council which passed the same, mayor and city clerk. The city clerk shall record in
a properly indexed book kept for such purposes all ordinances and resolutions adopted by the
council.
(g) Approval or Disapproval of Ordinances by Mayor. Each ordinance and resolution shall be
presented to the mayor immediately after its adoption by the council. Prior to the next regular
meeting of the council, the mayor shall endorse the ordinance or resolution with the mayor's
approval or disapproval and if disapproved, the mayor shall return it to the council together with a
written statement of the reasons for his disapproval, which shall be entered in the journal. At such
next regular meeting of the council, the presiding officer shall put the question:"Shall the
ordinance (or resolution, as the case may be) take effect despite the disapproval of the mayor?" If
seven members of the council vote in favor of the proposition, the ordinance or resolution shall be
declared to be enacted and the effective date of the ordinance or resolution shall be the date of
the vote to override the mayor's disapproval unless a later date is provided in the ordinance or
10
resolution. If the mayor fails to so endorse any ordinance or resolution, or fails to return the same
together with the reasons for disapproval in writing as required by this subsection, at the following
regular meeting of the council such ordinance or resolution shall be declared by the presiding
officer to be enacted without the mayor's signature, and the effective date of the ordinance or
resolution shall be the date the presiding officer declares that it is enacted without the mayor's
signature unless a later date is provided in the ordinance or resolution.
11
ARTICLE IV—MAYOR
Section 4.1. Election, Term; Qualifications.
(a) The mayor shall be elected by the qualified voters of the City at regular municipal general
elections held in 1987 and each four years thereafter. The mayor shall hold office for a term of
four years and until a successor is elected and qualified. No person shall be elected to the office
of mayor who is not at least thirty years of age, a citizen of the United States, a qualified voter of
the City and a resident thereof for two years next preceding the date of election, nor shall any
person be elected to such office who shall, at the time such person files with the city clerk for
inclusion on the ballot, be in arrears for any unpaid City taxes or unpaid judgment against the
person by the City including any debt to the municipal Court, or guilty of forfeiture or defalcation in
office.
(b) Limitation on terms. A person is prohibited from serving more than two consecutive full terms as
Mayor, with any service resulting from an election to fill an unexpired remaining term pursuant to
Section 4.3 not counted toward the total number of terms a person could serve. After a person
serves two consecutive full terms as mayor, a full four-year mayoral term must pass before such
person is eligible to serve as mayor again.
(c) Holding other office. The mayor shall not hold any other City office or employment within the City
government during the term for which the mayor was elected.
(d) Removal from Office. The mayor may be removed from office by a four-fifths vote of the council if
the mayor:
Lacks at any time during the mayor's term in office any qualifications for the office
prescribed by this charter or by law,
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. Fails to attend three consecutive meetings of the council without just cause; or
7. Is incapacitated from fulfilling the duties of their office for the remainder of their term.
Section 4.2. Salary.
The salary of the mayor shall be fixed by ordinance, and shall not be increased or diminished
during the mayor's term of office. The mayor may receive reasonable reimbursement for actual and
necessary expenses as approved by the council.
Section 4.3. Vacancy In Office.
When any vacancy occurs in the office of the mayor, by death, resignation, removal of residence
from the City, removal from office, refusal to qualify or otherwise, the president pro tempore of the council
shall, for the time being, perform the duties of the mayor until such vacancy is filled; and in case of the
temporary absence of the mayor or disability to perform the duties of the office of mayor, the president
pro tempore of the council shall perform the duties of the mayor until the mayor returns, or the disability is
removed. In case of vacancy, other than a temporary absence or disability, the person performing the
duties of mayor shall cause a special election to be held to elect a person to serve the remainder of the
term. When a vacancy occurs within six months prior to a general municipal election, no special election
12
shall be called to fill the vacancy and a person shall be elected at such general municipal election to
serve the remainder of the term.
Section 4.4. Mayor's Powers and Duties.
duties:
The mayor shall be the chief executive of the City, and shall have the following powers and
1. Preside, Tie -Breaking. The mayor shall preside at meetings of the council, and the mayor
but not the president pro tempore, shall have the right to vote only in case of a tie. The
mayor may call special meetings of the council as provided in subsection (a) of section
3.11;
2. Recommendations. The mayor shall at the beginning of each fiscal year and may at any
other time give the council information as to the affairs of the City and any
recommendations the mayor may have.
3. Approve or Disapprove Legislation. The mayor shall approve or disapprove ordinances
and resolutions in the manner provided in subsection (g) of section 3.11.
4. Enforce Laws. The mayor shall see that all laws, provisions of the charter, and acts of the
council subject to enforcement by the mayor or by officers subject to the mayor's direction
and supervision are faithfully executed.
5. Budget. The mayor shall propose an annual budget and five-year capital improvement
program to the council.
6. Remit Fines. The mayor shall have power to remit fines and forfeitures and to grant
reprieves and pardons for offenses arising under ordinances of the City; but this section
shall not be so construed as to authorize the mayor to remit any costs which may have
accrued to any officer of the City by reason of any prosecution under the laws or
ordinances of the City.
7. Other Duties. The mayor shall exercise the powers and perform the duties prescribed by
charter, ordinance, or law.
8. Review Administrator. The mayor shall annually review the performance of the city
administrator and report to the council concerning the same.
9. Policies. The mayor shall discuss with the city administrator any and all policy matters.
10. Appointments. The mayor with the advice and consent of a majority of the council, shall
appoint all members of committees, boards, and commissions.
11. The mayor with the consent of the majority of council may remove any member of any
committee, board, or commission for misconduct or neglect of duty.
13
ARTICLE V—CITY ADMINISTRATOR
Section 5.1. City Administrator.
(a) Office Established; Appointment and Tenure. There shall be a city administrator nominated by the
mayor and appointed by the mayor with the advice and consent of a majority of the council. The
person appointed shall serve for an indefinite term.
(b) Removal. The city administrator may be removed on recommendation of the mayor with the
consent of a majority of the council, or by a two-thirds vote of the council on its own initiative.
(c) Compensation. The city administrator shall receive compensation established by the mayor, with
the approval of a majority of the council, or by a two-thirds vote of the council on its own initiative.
(d) Qualifications. The person appointed to the office of city administrator shall possess qualifications
provided by ordinance.
(e) Residency. The city administrator shall be a resident of the City, provided that residency within
the city limits must be established within one hundred eighty days of the first day of employment
with the City, which may be extended by a single additional one hundred eighty day period upon
a majority vote of the council.
Section 5.2. Duties and Powers.
(a) Duties; Responsible to Mayor and Council. The city administrator shall be responsible to the
mayor and the council for the administration of all City affairs delegated to the city administrator
by or under this charter. Except as otherwise specified by the charter, ordinance, or by state law,
the city administrator shall coordinate and generally supervise the operation of all departments,
both line and staff.
(b) Appointment and Removal of Employees. The city administrator shall make recommendations of
appointment and removal of department heads for the approval of the mayor and council. The city
administrator shall have the power to appoint and remove all other subordinate employees of the
City. This section shall apply to all City positions except as specified elsewhere in this charter.
(c) Budget. The city administrator shall prepare and submit a recommended annual budget and five-
year capital improvements program to the mayor.
14
ARTICLE VI—ADMINISTRATIVE ORGANIZATION AND PERSONNEL SYSTEM
Section 6.1. Administrative Organization.
(a) Administrative Code Required. Within twelve months after the adoption of this charter, the council
shall adopt by ordinance an administrative code providing a complete plan of organization and
structure for City government. The administrative code may authorize the mayor to promulgate
regulations to implement the plan of organization and structure.
(b) Departments, Boards, Commissions to Continue. The Parks and Recreation Commission and the
Police Personnel Board shall continue after the adoption or amendment of this charter as
provided herein. Other departments, boards and commissions shall continue as now constituted,
after the adoption of this charter, until eliminated or changed by ordinance. New departments,
boards and commissions may be created hereafter by ordinance. Two or more departments may
be headed by the same person, directors of departments may serve as chiefs of divisions, and
the city administrator may head one or more departments.
Section 6.2 Parks and Recreation Commission.
(a) Appointment. There shall be a department of parks and recreation which shall be governed by a
commission of nine members, chosen from the citizens at large with reference to their fitness of
the office, and no member of the municipal government shall be a member of the commission.
The members of the commission shall be appointed in the manner provided in paragraph 10 of
section 4.4 and shall hold office for terms of three years and until their successors are appointed.
The mayor may, by and with the consent of the council, remove any member for misconduct or
neglect of duty. The members shall serve without compensation. The first appointees to the
commission shall be the same persons who were duly appointed to the park board under the
former government who shall serve until the scheduled expiration of their terms unless sooner
removed as provided in this subsection. Vacancies in the commission occasioned by removal,
resignations or otherwise shall be reported to the mayor and filled in the manner of original
appointments.
(b) Organization, Powers. The members shall immediately after their appointment, meet and
organize by the election of one of their number chairperson, and by election of such other officers
as they deem necessary. They shall make and adopt such bylaws, rules and regulations for their
guidance and for the operation of the parks. The commission shall have the exclusive control of
the expenditures of all money collected for and deposited to, or appropriated to the credit of the
park fund and of the supervision, improvement, care and custody of the parks. All money
received for the parks shall be deposited in the City treasury to the credit of the park fund and
shall be kept separate and apart from other moneys of the City and drawn upon by the director of
finance upon the properly authenticated vouchers of the parks and recreation commission. The
commission may purchase or otherwise secure ground to be used for parks, and may appoint a
suitable director and the assistants necessary to take care of the parks and fix their
compensation, and may remove appointees.
(c) Annual Report. The commission shall make an annual report to the council stating the condition
of their trust, the various sums of money deposited to the park fund and how much moneys have
been expended from the fund and for what purposes, with such other statistics, information and
suggestions as they may deem of general interest. All portions of the report relating to the receipt
and expenditure of money shall be verified by affidavit.
(d) Park Fund. Any tax levied previously adopted by the people of the City for park purposes is
hereby continued in full force and effect until modified or discontinued in the manner provided by
law. Any tax for park purposes shall be levied and collected in like manner with other general
taxes of the City, but the funds received therefrom shall be kept separate and apart from all other
funds of the City and shall be deposited in a fund designated "park fund."
15
Section 6.3. Police Department.
(a) Merit System Required. A system of personnel administration based on merit principles and
designed to secure efficient administration shall be established by ordinance for all officers,
positions and employees of the police department.
(b) Merit Provisions. Any ordinance concerning the merit system police department shall observe the
following provisions for the appointment, promotion, suspension, demotion, or discharge of
members of the police department:
1. A personnel board shall be created and whose members shall be prescribed by
ordinance.
2. The personnel board shall give examinations to candidates for appointment or promotion
and shall certify lists of eligible candidates to the city administrator for appointment.
3. All persons so appointed or promoted shall be at will employees of the City subject to the
provisions herein.
4. Any person suspended, demoted, or discharged for misbehavior or inefficiency shall,
upon application, be granted a public hearing or closed hearing before the personnel
board.
Section 6.4 [Reserved]
Section 6.5. City Attorney.
(a) Office Established; Appointment and Tenure. There shall be a department of law, the director of
which shall be known as the city attorney who shall be nominated by the mayor, and appointed by
the mayor with the advice and consent of a majority of the council. The person appointed shall
serve for an indefinite term and shall be a resident of the City, provided that residency within the
city limits must be established within one hundred eighty days of the first day of employment with
the City, which may be extended by a single additional one hundred eighty day period upon a
majority vote of the council.
(b) Removal. The city attorney may be removed on recommendation of the mayor with the consent of
a majority of the council, or by a two-thirds vote of the council on its own initiative.
(c) Compensation. The city attorney shall be paid a salary of an amount established by the mayor,
with the approval of a majority of the council, or by a two-thirds vote of the council on its own
initiative.
(d) Qualifications. The city attorney shall have been a duly licensed attorney of the state for at least
three years immediately prior to appointment and shall have been actively engaged in the
practice of law during such three years.
(e) Duties. The city attorney shall have the following duties:
1. Litigation. Direct the management of all litigation in which the City is a party or is
interested.
2. Represent City. Represent the City in all legal matters and proceedings in which the City
is an interested party.
3. Advise. Advise the council, any committee or members thereof, the mayor, administrator,
and heads of all departments, boards, commissions and offices concerning any legal
questions affecting the City's interests.
4. Approve Documents. Approve, as to form, all contracts, deeds, bonds and other
documents to be signed in the name of or made to or with the City.
5. Other Duties. Perform such other duties as the council may, by ordinance or resolution,
iT
require.
(f) Additional Counsel. Nothing in this section shall prevent the council from employing special or
additional legal counsel.
Section 6.6. City Prosecutor.
(a) Office Established; Election and Tenure. A city prosecutor shall be elected by the qualified voters
of the city. The term of office shall be two years and the city prosecutor shall hold office until a
successor is duly elected and qualified.
(b) Qualifications. The city prosecutor shall be a person licensed to practice law in Missouri and a
resident of the City at the time such person files with the city clerk for inclusion on the ballot. No
person shall be eligible to the office of city prosecutor who shall, at the time such person files with
the city clerk for inclusion on the ballot, be in arrears for any unpaid City taxes or guilty of
forfeiture or defalcation in office.
(c) Duties.
1. Attend Meetings. Attend the meetings of the council when the city attorney is unavailable
upon request by the mayor or council.
2. Prosecute Violations. Prosecute all violations of City ordinances and handle appeals in
connection therewith.
3. Draft Bills. Make written recommendations and draft bills and ordinances in connection
with the proper administration of justice as related to the violations of City ordinances.
4. Other Duties. Perform other duties as may be required by request of the mayor or
council.
(d) Vacancy. Should a vacancy occur in the office of city prosecutor, the mayor, with the advice and
consent of the council, shall appoint a person to fill the vacancy. The successor shall serve for a
period extending to the next municipal general election.
(e) Compensation. The city prosecutor shall receive such compensation as shall be set by ordinance.
(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 6.7. Municipal Court.
(a) Municipal Court Required. There shall be a municipal court which shall have jurisdiction to hear
and determine all cases involving violations of the ordinances of the City.
(b) Judge of Municipal Court.
1. Election. The municipal court shall be presided over by a municipal judge of the
Nineteenth Judicial Circuit Court, who shall be elected to the position of municipal judge
17
by the qualified voters of this City for a term of two years.
2. Qualifications. The qualifications for office shall be set by ordinance.
3. Vacancy. Should a vacancy occur in the office of municipal judge, the mayor, with the
advice and consent of the council, shall appoint a person to fill the vacancy. The
successor shall serve until the next municipal general election.
4. Powers and Duties. The municipal judge shall have such powers and duties as shall be
prescribed by law or by ordinance.
5. Compensation. The municipal judge and any temporary judge shall receive such
compensation as determined by ordinance.
Section 6.8. Personnel System.
The council shall adopt by ordinance a personnel code providing a comprehensive personnel
system for city officers and employees.
18
ARTICLE VII—FINANCIAL PROCEDURES
Section 7.1. Establishing Financial Procedure.
The financial procedures of the City shall be established by ordinance and shall incorporate the
following:
1. Fiscal Year. The council shall determine the fiscal year of the City.
2. Budget Form. The form of the budget shall be as the mayor deems desirable subject to applicable
ordinances and state law.
3. Council Approval of Budget. No budget shall take effect until the same has been approved by the
council. The vote of the council on any annual budget shall occur prior to the last day of the last
month of the fiscal year.
4. Public Hearing. At least one public hearing on the budget shall occur prior to its adoption by the
council.
5. Supplemental Appropriations, Deficit Avoidance, Transfer of Appropriations. The budget may be
amended by the appropriation of additional sums which become available during the course of
the fiscal year after certification to the council by the mayor of availability of such sums. If at
anytime during the fiscal year it becomes apparent that there will be insufficient revenues and
reserves to meet the amount appropriated, the mayor shall so report to the council and the
council shall take such action as is necessary to prevent any deficit and may reduce any one or
more prior appropriations. The mayor shall have authority to transfer part or all of any
unencumbered appropriation within a department, and the council may by ordinance transfer part
or all of any unencumbered appropriation between departments and funds upon written request
to do so by the mayor.
6. Budget of Preceding Fiscal Year Governs, When. In adopting a budget for a fiscal year, failure to
comply with every requirement prescribed by the preceding paragraphs of this section for the
adoption of a budget shall invalidate the budget. If a valid budget for a fiscal year is not approved
and adopted by the council prior to the last day of the last month of the preceding fiscal year, the
budget for the preceding fiscal year shall be deemed to have been readopted and shall be in
effect, so far as it relates to operation and maintenance expenses, until such time as a budget for
the fiscal year is adopted in conformity with the requirements of this charter other than the date by
which approval is to be granted.
7. Fiscal Officer. The fiscal affairs of the City shall be the responsibility of the finance department.
The head of the finance department shall be designated the fiscal officer of the City.
Qualifications, duties and powers of the fiscal officer shall be set by ordinance.
19
ARTICLE VIII—NOMINATIONS AND ELECTIONS
Section 8.1. City Elections.
(a) Regular Elections. The municipal general election shall be held as provided by ordinance and
applicable state law.
(b) Special Elections. The council may by resolution order special elections, fix the time for such
elections, and provide for holding such elections subject to applicable state laws.
(c) Conduct of elections. All City elections shall be governed by the provisions of this charter and of
applicable state laws. The council by ordinance may further regulate elections, subject to the
provisions of the charter and applicable state law.
Section 8.2. Nominations.
(a) Declaration of Candidacy, Independent Candidates. Nomination of candidates for election to
elective City offices shall be made by declaration of candidacy filed with the clerk in the form and
manner prescribed by ordinance. No declaration of candidacy shall indicate the affiliation or
membership of the nominee with any political party organized or recognized under the laws of the
State of Missouri.
(b) Election. The candidate receiving the most votes at the general election shall win the office.
(c) Regulation by Council. Nothing contained in this charter shall prevent the council from further
regulating the conduct of nominations and elections consistent with the provisions of this charter
and applicable state laws.
Section 8.3. Tie Vote.
If at any municipal election no choice is made between or among the candidates by reason of two
or more having received an equal number of votes, and a higher number of votes than any other
candidate for the same office or nomination, the council shall call a special election at which the
candidates receiving the equal number of votes shall be the only candidates. The incumbent shall remain
in office until a successor has been duly elected and qualified.
Section 8.4. Council Wards.
There shall be five council wards. Ward boundaries shall be established by ordinance following
each decennial census. Wards shall comprise compact and contiguous territory and shall contain, as
nearly as possible, an equal number of inhabitants.
20
ARTICLE IX—INITIATIVE, REFERENDUM, AND RECALL
Section 9.1. General Authority.
(a) Initiative. The qualified voters of the City shall have power to propose ordinances to the council
and, if the council fails to adopt an ordinance so proposed without any change in substance, to
adopt or reject it at a City election, provided that such power shall not extend to any ordinance
relating to appropriation of money, levy of taxes, or zoning. No proposed initiative ordinance shall
contain more than one subject which shall be clearly expressed in its title.
(b) Referendum. The qualified voters of the City shall have power to require reconsideration by the
council of any adopted ordinance and, if the council fails to repeal an ordinance so reconsidered,
to approve or reject it at a City election, provided that such power shall not extend to the budget
or capital program, any emergency ordinance designed as such by the council at the time of
adoption, any ordinance levying a special assessment or providing for the issuance of special tax
bills, or any ordinance relating to zoning, appropriation of money, or levy of taxes.
Section 9.2. Commencement of Proceedings; Petitioners' Committee; Affidavit.
Any five qualified voters of the City may commence initiative or referendum proceedings by filing
with the city clerk an affidavit stating they will constitute the petitioners' committee, are responsible for
circulating the petition and filing it in proper form, stating their names and addresses and specifying the
address to which all notices to the committee are to be sent, and setting out in full the proposed initiative
ordinance or citing the ordinance sought to be reconsidered. Persons other than committee members
may circulate the petition.
Section 9.3. Filling and Approval of Petitions.
Prior to circulation, petitions must be submitted for approval as to form by both the clerk and city
attorney. They shall approve or disapprove any petition within ten days following its submission. If
approved the clerk is responsible for preparing ballot language which must be in question form and
approved by the attorney. If disapproved the clerk and attorney shall provide an itemized list of needed
corrections at the time of issuance of the disapproval.
Section 9.4. Petitions.
(a) Number of Signatures. Initiative petitions shall be signed by qualified voters of the City equal in
number to at least twenty percent of the total number of votes cast for mayor in the last municipal
general election at which a mayor was elected or by not less than four hundred qualified voters of
the City, whichever is the larger number. Referendum petitions shall be signed by qualified voters
of the City equal in number to at least twenty-five percent of the total number of votes cast for
mayor in the last municipal general election at which a mayor was elected or by not less than five
hundred qualified voters of the City, whichever is the larger number.
(b) Form and Content. All pages of a petition shall be uniform in size and style and shall be
assembled as one instrument for filing. Each signature shall be executed in ink or indelible pencil
and shall be followed by the address of the person signing. Petitions shall contain or have
attached thereto throughout their circulation the full text of the ordinance proposed or sought to
be reconsidered.
(c) Affidavit of Circulator. Each page of a petition shall have attached to it when filed an affidavit
executed by the circulator thereof stating that they personally circulated the paper, the number of
signatures thereon, that all the signatures were affixed in the presence of the circulator, that the
circulator believes them to be the genuine signatures of the persons whose names they purport to
be and that each signer had an opportunity before signing to read the full text of the ordinance
21
proposed or sought to be reconsidered.
(d) Time for Filing Referendum Petitions. Referendum petitions must be filed with the city clerk prior
to an expiration of forty-five days after adoption by the council of the ordinance sought to be
reconsidered.
Section 9.5. Procedure after Filing.
(a) Certificate of Clerk; Amendment. Within twenty days after the petition is filed, the clerk shall
complete a certificate as to its sufficiency, specifying, if it is insufficient, the particulars wherein it
is defective. The clerk shall promptly send a copy of the certificate to the petitioners' committee
by registered mail. If petitioners do not file an amended petition as herein authorized and do not
request council review under subsection (b) of this section within the time allowed, the clerk shall
promptly present the certificate to the council. Such certificate shall be a final determination as to
the sufficiency of the petition. A petition certified insufficient for lack of the required number of
valid signatures may be amended once if the petitioners' committee files a notice of intent to
amend with the clerk within two days after receiving the copy of the clerk's certificate. Such
amended petition shall comply with the requirements of subsections (b) and (c) of section 9.4 and
shall be filed within ten days after the committee receives the copy of the clerk's certificate. Within
five days after the amended petition is filed the clerk shall complete a certificate as to the
sufficiency of the petition as amended and promptly send a copy thereof to the petitioners'
committee by registered mail. If petitioners' committee does not request council review under
subsection (b) of this section within the time allowed, the clerk shall promptly present a certificate
regarding sufficiency of the petition to the council. Such certificate shall be a final determination
as to the sufficiency of the petition as amended.
(b) Council Review. If a petition has been certified insufficient and the petitioners' committee does
not file notice of intent to amend it or if an amended petition has been certified insufficient, the
committee may, within two days after receiving the copy of such certificate, file a request that it
be reviewed by the council. The council shall review the certificate at its next meeting following
the filing of the request and approve or disapprove it, and the council's determination shall then
be a final determination as to the sufficiency of the petition.
(c) Court Review; New Petition. A final determination as to the sufficiency of the petition shall be
subject to court review. A final determination of insufficiency, even if sustained upon court review,
shall not prejudice the filing of a new petition for the same purpose.
Section 9.6. Referendum Petitions; Suspension of Effect of Ordinance.
When a referendum petition sufficient on its face is timely filed with the city clerk, the ordinance
sought to be reconsidered shall be suspended from taking effect. Such suspension shall terminate when:
There is a final determination of insufficiency of the petition, or The petitioners' committee
withdraws the petition, or The council repeals the ordinance, or
The results of the election on the referred ordinance are certified by the election authority.
Section 9.7. Action on Petitions.
(a) Action by Council. When an initiative or referendum petition has been finally determined
sufficient, the council shall promptly consider the proposed initiative ordinance in the manner
provided in Article 111 or reconsider the referred ordinance by voting its repeal. If the council fails
to adopt a proposed initiative ordinance without any change in substance within sixty days or fails
to repeal the referred ordinance within thirty days after the date the petition is finally determined
sufficient, it shall submit the proposed or referred ordinance to the qualified voters of the City.
(b) Submission to Voters. The election on a proposed or referred ordinance shall be held not less
22
than thirty days and not later than one year after the expiration of the time limited by subsection
(a) of this section for the adoption or repeal of ordinance, as the case may be.
(c) An initiative or referendum petition may be withdrawn by filing with the city clerk at any time prior
to the thirtieth day next preceding the day scheduled for the election on the proposed or referred
ordinance a written request that the petition be withdrawn signed by at least four members of the
original committee. Upon the filing of the request, the petition shall have no further force or effect,
and all proceedings thereon shall be terminated. The signatures on the request to withdraw shall
be notarized.
Section 9.8. Results of Election.
(a) Initiative. If a majority of the qualified electors voting on a proposed initiative ordinance vote in its
favor, it shall become effective on certification of the election results and shall be treated in all
other respects in the same manner as ordinances adopted by the council and approved by the
mayor. If conflicting ordinances are approved at the same election, the one receiving the greatest
number of affirmative votes shall prevail to the extent of the conflict.
(b) Referendum. If a majority of the qualified electors voting on a referred ordinance vote against it, it
shall be considered repealed upon certification of the election results.
Section 9.9. Resubmission of Initiative Petitions.
Initiative petitions proposing the adoption of an ordinance having the same general subject and
purpose of a measure once defeated by the voters under the provisions of this article, shall not again be
filed until after the expiration of one year from the date of the election at which the measure was defeated.
Section 9.10. Recall.
The holder of any elective office in the City may be removed by the qualified voters of the City by
recall petition in accordance with the procedure set out in sections 9.11 through 9.15 of this chapter
subject to the following limitations:
1. The officer has held office for at least six months prior to commencement of recall;
2. In the case of an office the term of office which is of two years or less, only one recall
petition may be filed during a term;
3. In case of an office the term of office which is greater than two years, additional recall
petitions may be filed but not within six months after voter disapproval of the last recall
petition;
4. The recalled officer may not be a candidate at a special election to fill the vacancy
created by such recall, nor may the recalled officer be appointed by the appointing
authority to fill the vacancy;
5. The grounds for recall are misconduct in office, incompetence or failure to perform official
duties of the office prescribed by law or by ordinance. The petition must contain a
statement of the ground or g rounds for the recall in two hundred words or less.
Section 9.11. Recall Petition.
A petition demanding the removal of an officer shall be filed with the city clerk, the petition shall
be signed by voters qualified to participate in the election of such officer equal in number to at least forty
percent of the number of votes cast for such office in the last election, or by four hundred of such voters in
case of recall of a councilmember, or two thousand of such voters in case of any citywide office,
whichever is greater. The petition shall be executed, verified, and filed, and may be amended in the
manner provided for initiative and referendum petitions.
23
Section 9.12. Recall Elections.
When a sufficient petition is filed it shall be submitted to the council without delay. The council
shall fix the date for holding the election, on the next date authorized by law for holding such election;
provided the election shall not be held less than thirty days after the council has received a report from
the city clerk on the sufficiency of the petition. If the office becomes vacant prior to the election, the
election shall be canceled and the vacancy shall be filled as provided in section 3.6 or section 4.3 of this
charter, whichever is applicable.
Section 9.13. Recall Ballot.
The ballot shall be in the following form:
Shall (Name of Officer) be removed from office of (Title of Office)?
Yes
No
Voters in favor of the removal place across (X) in the square opposite the
word "YES." Voters opposed to the removal place a cross (X) in the
square opposite the word "NO."
Section 9.14. Effect of Election.
If a majority of the qualified voters voting on the question at the election shall vote for the removal
of the officer, regardless of any defect in the recall petition, a vacancy shall exist in the office. The
vacancy shall be filled as provided in sections 3.6 or section 4.3 of this charter, whichever is applicable. If
a majority of the qualified voters voting on the question at the election vote against the removal of the
officer, the officer shall continue to serve the term for which the officer was elected unless sooner
removed or recalled. An official who has been recalled shall be ineligible to serve in the City government
in any capacity at any time during the remainder of the term of office from which the official was recalled.
Section 9.15. Propositions to be Separately Submitted.
No petition shall seek the recall of more than one officer, but several propositions for recall may
be separately submitted at the same election on the same ballot.
24
ARTICLE X—FRANCHISES
Section 10.1. Granting of Public Utility Franchises.
A public utility franchise and any renewals, extensions or amendments thereof shall be granted
only by ordinance submitted to the qualified voters of the City and approved by the majority of the
qualified voters voting thereon. No such ordinance shall be adopted within less than thirty days after
application therefor has been filed with the council, nor until a full public hearing has been held thereon.
No exclusive franchise shall ever be granted, and no franchise shall be granted for a longer term than
twenty years. No such franchise shall be transferable directly or indirectly, unless authorized by ordinance
adopted after a full public hearing on the issue. This section shall not be construed to prohibit the council
from granting temporary permits.
Section 10.2. Right of Regulation.
All public utility franchises, whether it be so provided in the ordinance or not, shall be subject to
proper regulation by the council in the exercise of its powers, and to repeal by the council for misuse or
nonuse, or for failure to comply therewith.
Section 10.3. Operation Beyond Franchise Period.
Any operation of a public utility by a franchise holder, with the tacit permission of the City, beyond
the period for which the franchise was granted shall under no circumstances be construed as a renewal
or extension of the franchise. Any such operation shall at most be regarded as a mere temporary permit,
subject, like other permits, to amendment, alteration, or revocation at any time at the will of the council.
25
ARTICLE XI—LICENSING, TAXATION, AND REGULATION OF BUSINESSES, OCCUPATIONS,
PROFESSIONS, VOCATIONS, AND OTHER ACTIVITIES OR THINGS
Section 11.1. Objects of Licensing, Taxation, and Regulation.
(a) The council by ordinance may license, tax and regulate all businesses, occupations, professions,
vocations, activities and things whatsoever which statutes of this state now or hereafter authorize
constitutional charter cities, cities of the first, second, third or fourth class, or cities of any
population group to license, tax or regulate.
(b) No increase in any existing tax and no new tax shall be effective until approved by a majority of
the qualified voters voting on the proposition. This provision shall not apply to any tax rate which
has been lowered after December 4, 1980, and then raised back to its former level.
26
ARTICLE XII—GENERAL PROVISIONS
Section 12.1. Conflicts of Interest.
(a) Any City officer or employee who has a substantial financial interest in any contracts with the City
or in the sale of any land, material, supplies or services to the City or to a contractor supplying the
City shall make known such interests and shall not vote on or otherwise participate in their
capacity as a City officer or employee in the making or performance of the contracts or in the
making of the sale. Any City officer or employee who willfully conceals such a substantial financial
interest or willfully violates the provisions of this subsection shall be guilty of the offense of
malfeasance in office or employment, and upon being found guilty thereof by a court of
competent jurisdiction shall forfeit such office or employment.
(b) If any person, firm or corporation contracts with the City, or makes such a sale to the City or to a
contractor supplying the City, having knowledge, express or implied, that the contract or sale is
made in violation of subsection (a) of this section, the contract or sale shall be voidable by the
mayor or the council.
(c) As used in subsection (a) of this section the term "substantial financial interest" shall include
ownership by the officer or employee, by the officer or employee and their spouse, or by the
spouse of the officer or employee, directly or indirectly or by reason of ownership of stock in a
corporation, of ten percent or more of the business entity contracting with the City or selling to the
City, or to a contractor supplying the City, or of any interest therein having a value of ten
thousand dollars or more, or the receipt by an officer or employee, by the officer or employee and
their spouse, or by the spouse of the officer or employee of salary, gratuity, or other
compensation or remuneration of six thousand dollars or more per year from any business entity
contracting with the City or selling to the City or to a contractor supplying the City.
(d) Any City officer or employee who serves on the governing body of any voluntary board, non-profit
corporation, or political subdivision shall not vote on or otherwise participate in their capacity as a
City officer or employee in the making or performance of any contract between the City and such
voluntary board, non-profit corporation, or political subdivision. This prohibition shall not apply
where the City officer or employee serves on a voluntary board, non-profit corporation, or political
subdivision in their capacity as a City officer or employee.
Section 12.2. Prohibitions.
(a) Activities Prohibited.
1. No person shall be appointed to or removed from employment with the City, or in any
way be favored or discriminated against in such employment because of race, color, sex,
political or religious affiliations.
2. No person shall willfully make any false statement, certificate, mark, rating or report in
regard to any test, certification or appointment under the personnel provisions of this
chapter or the rules and regulations made thereunder, or in any manner commit or
attempt to commit any fraud preventing the impartial execution of such provisions, rules
and regulations.
3. No person who seeks appointment or promotion to any City position or appointive City
administrative office shall directly or indirectly give, render or pay any money, service or
other valuable thing to any person for or in connection with their test, appointment,
proposed appointment, promotion or proposed promotion.
(b) Penalties. Any person who solely or with others willfully violates any of the provisions of
subsection (a) of this section shall be guilty of an offense and upon conviction thereof shall be
punishable by a fine, imprisonment, or both, as may be provided by ordinance.
27
(c) No former councilmember or mayor shall hold any compensated appointive City office or City
employment until two (2) years after the expiration of the term for which such councilmember or
mayor was elected.
(d) Incompatible Offices.
No councilmember or mayor shall be a publicly elected member of the governing body of
any political subdivision of the State of Missouri, nor a member of the General Assembly
of the State of Missouri, nor hold any statewide elective office of the State of Missouri.
These offices are deemed to be incompatible and the acceptance by a councilmember or
mayor of any such incompatible office shall be deemed a voluntary resignation of such
person's City office and no further action or process shall be necessary to render such
City office vacant.
Neither the city administrator or city clerk, nor department director or member of the
Parks and Recreation Commission, shall be a publicly elected member of the governing
body of any political subdivision of the State of Missouri, nor a member of the General
Assembly of the State of Missouri, nor hold any statewide elective office of the State of
Missouri. These offices are deemed to be incompatible and the acceptance by the city
administrator, city clerk, a department director, or a member of the Parks and Recreation
Commission of any such incompatible office shall be deemed a voluntary resignation of
such person's City office and no further action or process shall be necessary to render
such City office vacant.
No public office shall be deemed to be incompatible with a City office when the holder of
a City office is serving in a public office in their capacity as a City office holder.
Section 12.3. Notice of Suits.
No action shall be maintained against the City for or on account of any injury growing out of
alleged negligence of the City unless notice shall first have been given in writing to the mayor within
ninety days of the occurrence for which injury is claimed, stating the place, time, character and
circumstances of the injury, and that the person so injured will claim damages therefor from the City.
Section 12.4. Official Bonds.
All officers and employees of the City who receive, disburse, or are responsible for City funds,
and the other officers and employees whom the council by ordinance may designate, shall, within such
time after election or appointment as may be fixed by ordinance, and before entering in the discharge of
their duties, give bond to the City in such sums and with such sureties as shall be prescribed by
ordinance, and conditioned upon the faithful and proper performance of their duties and for the prompt
accounting for and paying over to the City of all moneys belonging to the City that may come into their
hands. The City shall pay the premiums on all such bonds.
Section 12.5. Charter Amendment.
Amendments to this charter may be framed and submitted to the qualified voters of the City by a
commission in the manner provided by law and the state Constitution for framing and submitting a
complete charter. Amendments may also be proposed by the council or by petitions of not less than ten
percent of the qualified registered voters of the City, filed with the city clerk setting forth the proposed
amendment. The council shall at once provide by ordinance that any amendment so proposed shall be
submitted to the qualified voters of the City at the next election held in the City not less than sixty days
after its passage, or at a special election held as provided by law and the state Constitution for
submission of a charter. Any amendment approved by a majority of the qualified voters of the City voting
28
thereon shall become a part of the charter at the time and under the conditions fixed in the amendment;
sections or articles may be submitted separately or in the alternative and the results determined as
provided by law and the state Constitution for submission of a complete charter.
Section 12.6. Public Improvement and Special Assessments.
(a) Improvements. The procedure for making, altering, vacating or abandoning a public Improvement
shall be governed by general ordinance consistent with applicable state laws.
(b) Special Assessments. The procedure for levying, collecting and enforcing the payment of special
assessments for public improvements or special tax bills evidencing such assessments shall be
governed by general ordinance consistent with applicable state law.
Section 12.7. Word Construction, Gender, Etc.
Whenever such construction is applicable, words used in this charter importing singular may be
construed to include several matters or persons, and words used importing plural number may be
construed to include any single matter or person; words importing masculine gender may be construed to
apply to feminine gender as well; and the word person may be construed to include persons, firms and
corporations; provided that these rules of construction shall not apply to any part of this charter containing
express provisions excluding such construction or where subject matter or content is contrary thereto.
Section 12.8. Severability.
It is the intent of the voters adopting this charter that provisions of this charter shall be severable.
If any provision of this charter is held invalid, the other provisions of the charter shall not be affected
thereby. If the application of the charter or any of its provisions to any person or circumstances is held
invalid, the application of the charter and its provisions to other person or circumstances shall not be
affected thereby.
Section 12.9. Computation of Time.
In construing provisions of this charter and ordinances enacted thereunder which contain time
limitations, the time within which an act is to be done shall be computed by excluding the first day, and
including the last day. All Saturdays, Sundays and holidays observed by the City shall be included where
the time limitation is expressed in calendar days and excluded where the time limitation is expressed in
business days. Where not specified, the time limitation shall be deemed to be expressed in calendar days
unless otherwise required by law.
29
ARTICLE XIII—TRANSITIONAL PROVISIONS
Section 13.1. Personnel System.
An employee holding a City position at the time this charter takes full effect or is amended by the
voters of the City of Jefferson, who was serving in that same or a comparable position at the time of its
adoption or amendment, shall not be subject to competitive tests as a condition of continuance in the
same position but in all other respects shall be subject to the personnel system established pursuant to
Article VI.
Section 13.2. Ordinances to Remain in Force.
All ordinances, regulations and resolutions in effect at the time this charter takes full effect or is
amended by the voters of the City of Jefferson which are not inconsistent with the provisions of this
charter shall continue in effect until lawfully altered, modified or repealed.
Section 13.3. Pending Actions and Proceedings.
No action or proceedings, civil or criminal, pending at the time this charter takes full effect or is
amended by the voters of the City of Jefferson, brought by or against the City or any office, department,
agency or officer thereof, shall be affected or abated by the adoption or amendment of this charter or by
anything herein contained.
Section 13.4. Continuance of Contracts, Public Improvements and Taxes.
All contracts entered into by the City, or for its benefit, prior to the date this charter takes full effect
or is amended by the voters of the City of Jefferson, shall continue in full force and effect. Public
improvements for which legislative steps have been taken under laws existing at the time this charter
takes full effect or is amended by the voters of the City of Jefferson may be carried to completion as
nearly as practicable in accordance with the provisions of such existing laws. All taxes and assessments
levied or assessed, all fines and penalties imposed, and all other obligations owing to the City which are
uncollected at the time this charter or amendments hereto becomes fully effective, shall continue in full
force and effect and shall be collected as if no change had been made.
Section 13.5. Officials to Continue, exceptions.
All elected officials and appointed officials holding office at the time this charter takes full effect or
is amended by the voters of the City of Jefferson shall continue in office until their successors are duly
elected and installed as provided by the charter.
30
ARTICLE XIV -[RESERVED]
31
ARTICLE XV—GAMBLING PROHIBITIONS
Section 15.1. Certain Gambling Activity Prohibited.
Casino type gambling and riverboat gambling are prohibited within the City of Jefferson. Further,
the City of Jefferson and its elected officials and its employees are prohibited from receiving any
payment, bonus, gift, or any form of compensation or consideration from a gambling company or its
representatives.
Section 15.1. Activities Outside Jurisdiction Not Prohibited.
Nothing contained in Section 15.1 shall be construed to prohibit an official or employee of the City
from engaging in lawful gaming activities at gaming facilities operating outside the jurisdiction of the City
of Jefferson.
32
A HISTORY
OF THE
CITY CHARTER
City of Jefferson, Missouri
CHARTER COMMISSION ELECTED
On February 5, 1985, voters in the City of Jefferson voted to elect a Commission to draft the
City's Charter. To be elected to the Commission, those who filed petitions to have their names placed on
the ballot had to be among the top thirteen vote -getters in the election. The top two vote -getters were
subsequently named Chairman and Vice Chairman.
A letter outlining the final charter document was written to the citizens of Jefferson City by the
Commission, and the charter was placed on the ballot for final voter approval on February 7, 1986. The
letter, signed by all thirteen Charter Commission members, follows this synopsis.
The voters of the City approved the Charter by a vote of 5,525 to 1,070.
L to r Standing— Richard Wilson, Patricia Sanders, Ed Rackers, Steve Weber, Fred Vogel, Thomas Graham, Paul Schleer, and
Charles Weber. Seated: Thomas Benton, Tom Rackers, Don Shinkle, Clyde Lear, and Carolyn McDowell.
HISTORY OF COMMISSIONERS
During his term on the Commission, Chairman Don Shinkle resigned to move out of the state of Missouri,
leaving Clyde Lear to step into the position of Chairman, with Thomas Rackers, the next highest vote -
getter assuming the office of Vice -Chairman. The next high vote -getter in the Charter election, Mr.
Kenneth Wildhaber, was then installed to assume the position left vacant by Mr. Shinkle, but not until after
the above portrait had already been taken.
33
CHARTER AMENDMENTS
From the date of its adoption in 1986 until this publication, the City Charter has been
amended as approved by the voters, and outlined below:
1. Sec. 6.4. Firemen's Pension Fund (Ordinance 10987)
2. Section 3.2 (d) and Section 4.1 (b) Limitation on Terms. (Ordinance 11858)
3. Section 9.4 (d) Time for Filing Referendum Petitions (Ordinance 12179)
4. Section 5.1 (c) and Section 6.5 (c) Compensation (Ordinance 12194)
5. Article XV - Gambling Prohibitions (Ordinance 12344)
6. Section 15.1 Activities Outside Jurisdiction Not Prohibited (Ordinance 12414)
7. Non-partisan elections: Sections 8.2(a), (b); 3.6(c); 6.6(d); 6.7(b)(3) (Ordinance 13179)
8. Section 6.4(a) Allowing Firemen's Pension Fund more than one pension method
(Ordinance 13832)
9. Section 4.4 Clarifying President Pro Tempore's voting powers in the event of tie vote
(Ordinance 13833)
10. Section 3.2 (d) Clarifying Council term limits following mid-term appointment (Ordinance
14610)
11. Section 4.1(a) and (b) Clarifying language pertaining to qualifications for Mayor
(Ordinance 14610)
12. Sections 6.3, (1) Removing political partisanship requirement from Police Personnel
Board members, (4) establish that Police are will employees, and (5) granting Police
employee choice of public or closed hearing before Police Personnel Board. (Ordinance
14610)
13. Section 8.2(b) Establishes primary election if three or more candidates for same office
(Ordinance 14893)
14. Section 5.2 (b) Removes Council from hiring and firing of personnel below Department
Heads; and Section 6.3 (b)2, Removes Council from hiring and firing Police personnel
below Chief (Ordinance 14894)
15. Section 8.2 (b) Eliminates primary election and, therefore, candidate receiving the most
votes at the general election wins the office (Ordinance 15093)
16. Sec. 6.4. Firemen's Pension Fund Removed (Ordinance 15759)
17. Section 3.2(d) and Section 4.1(b) Removing the lifetime limit of eight years of service,
and instead prevent any person who has served four (4) consecutive terms from serving
again until a break of service of at least one two-year councilmember term or one four-
year mayor term, respectively, has elapsed (Ordinance 15872)
18. Section 6.6 (f), (g) 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 (Ordinance 15873)
19. Section 12.1 Section title change to "Conflicts of Interest", and prohibits certain action
constituting a conflict of interest where a City official or employee as also serves on the
governing body of any voluntary board, non-profit corporation, or political subdivision
(Ordinance 15874)
34
20. Approving an amended and restated charter of the City by repealing certain language
and enacting additional language to make certain corrections, alterations, and
clarifications to various provisions including the use of gender -neutral language, and
amending provisions related to the time of judging candidate qualifications, computation
of time, bill procedures, and the offices of mayor, councilmember, city administrator, and
city counselor (Ordinance 15990)
21. Section 12.2, Adding new Subsections (c) and (d) relating to prohibitions and
incompatible offices (Ordinance 15998)
22. Section 3.8, Section 5.1 (e), and Section 6.5 (a) relating to residency requirements for the
city administrator, city clerk, and city attorney (Ordinance 15999)
23. Section 3.11 (e) relating to legislative proceedings (Ordinance 16000)
35
Charter Commission
of the
City of Jefferson
Dear Citizens of Jefferson City:
On February 5, 1985, the people of Jefferson City voted overwhelmingly in favor of the election of a
commission to draft a home rule charter for the city in accordance with the provisions of the Missouri
Constitution.
The "home rule" concept exemplifies the idea that a free people should control the process of
establishing a city government, designing its form, fixing its powers, and determining the officers who are
to exercise the powers, duties, and responsibilities of that government rather than operating under the
statutes written by legislators with no interest in our city government.
Since its first meeting, the commission has worked earnestly to fulfill its responsibility. The
commissioners considered current developments in municipal government, solicited the views and
experiences of governmental officials and citizens in other cities, and secured recommendations of our
own citizens, both within and without our city government. The charters of other Missouri cities were
studied and compared in detail. Public hearings were conducted as the provisions of the charter
progressed from preliminary proposals to the final drafts.
After dozens of meetings of the entire commission involving many hours of effort, the commission has
finally prepared and adopted the proposed home rule charter to be submitted for voter approval on
February 4, 1986. Every provision of this charter has been studied, considered, and formally
passed upon by the commissioners.
A city charter provides the basic framework for the conduct of city government. It provides the
governing body sufficient flexibility to deal effectively with problems conf renting the city, and contains the
necessary safeguards to protect citizens against the abuse of power. The commission is pleased to
present this document for your consideration. We believe it will insure, to the extent possible in a written
document, that this city will have effective government responsive to the wishes of the citizens. Some of
the features of the charter are briefly outlined below:
FORM OF GOVERNMENT
The charter proposes no dramatic change in the present form of government. The council will retain
its legislative and policy-making authority, the mayor his executive authority, and the city administrator his
administrative authority.
CITY COUNCIL
Under the proposed charter, the council will retain its present responsibilities and composition: two
councilmen from each of five wards who serve for two-year terms. As it does today, the council will
establish policies, set tax rates, authorize expenditures and approve administrative nominees, including
the city administrator.
MAYOR
The responsibilities and term of office for mayor will remain the same. He will be elected for fouryears
from the city at -large. The mayor will be the official representative and executive of the city. He will preside
over the meetings of the council and appoint members to various boards and
commissions with the consent of the council.
CITY ADMINISTRATOR
The position of city administrator is to be continued. He is to be appointed by the mayor with the
advice and consent of the council on the basis of qualifications. He is to be responsible for the operation of
all city departments including the appointment and removal of all city employees except department heads
and division supervisors whose appointment and removal are to be recommended by the city
administrator to the mayor and council for approval.
DEPARTMENTS, BOARDS AND COMMISSIONS
All existing city departments, boards and commissions are to be continued. Departments, boards and
commissions other than the park board, the firemen's pension fund, and the police personnel board may
be eliminated, added or changed by ordinance in the future. The charter provides for a parks and
recreation commission along the lines of the present park board and requires the continuation of a merit
system for the administration of the police department.
FINANCE
The charter provides for the establishment of financial procedures of the city and approval of a budget
after public hearing. The finance department is to be managed by the fiscal officer whose qualifications
and duties are set by ordinance. When the term of the current city treasurer expires, the fiscal officer will
serve as treasurer.
MUNICIPAL COURT
The charter provides for the election of a municipal judge elected for a term of two years.
CITY COUNSELOR AND CITY PROSECUTOR
The city counselor is to be appointed by the mayor with the approval of the council to serve for an
indefinite term. It is his job to represent the city in all legal matters except the prosecution of violations of
city ordinances which is the responsibility of the city prosecutor who is elected for a two-
year term.
POPULAR CONTROL
Provisions are included in the charter so that citizens may petition to require an election to adopt an
ordinance (initiative), to repeal an existing ordinance (referendum) or to remove an elected official from
office (recall).
Please study the entire proposed charter and don't hesitate to call anyone of us with your questions.
Remember to vote on the proposed charter February 4, 1986.
ss/ Thomas P. Rackers, Vice Chair.
ss/ Carolyn McDowell, Secretary
ss/ Thomas H. Benton
ss/ Thomas J. Graham
nn
ss/ Ed H. Rackers
ss/ Patricia Sanders
Very truly yours,
Clyde G.Lear, Chairman
ss/ Paul D. ScVM-el-
ss/ Fred J. Vogel
ss/ Charles A. Weber
ss/ Steve Weber
ss/ Kenneth V. Wildhaber
CRichard