HomeMy Public PortalAboutORD15990BILL NO. 2019-083 AS AMENDED
SPONSORED BY Councilwoman Wiseman
ORDINANCE NO. /5/ I
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING AN AMENDED
AND RESTATED CHARTER OF THE CITY OF JEFFERSON AND SUBMIT SUCH CHARTER
TO A VOTE OF THE CITIZENS OF THE CITY OF JEFFERSON.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS:
Section 1. The amended and restated Charter of the City of Jefferson, attached hereto
as Exhibit A, is hereby approved.
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 7th
day of April, 2020, at the places designated by the Election Authority for said election and the
ballot shall be in substantially the following form:
PROPOSITION A
Shall the Charter of the City of Jefferson, originally enacted in 1986, be amended
and restated 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
as provided in Ordinance No. passed and approved by the City Council
on January 6, 2020?
[ ] 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 both Proposition A and Proposition B are placed on the ballot on the April 7,
2020 general municipal election and approved by a majority of the qualified voters voting at the
April 7, 2020 election, then the amended provisions of Sections 3.8, 5.1, and 6.5 approved by
Proposition B shall be codified and shall govern and prevail.
Section 6. If both Proposition A and Proposition C are placed on the ballot on the April 7,
2020 general municipal election and approved by a majority of the qualified voters voting at the
April 7, 2020 election, then the amended provisions of Section 3.11(e) approved by Proposition
C shall be codified and shall govern and prevail.
Section 7. 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 8. This Ordinance shall be in full force and effect from and after the date of its
passage and approval.
Passed:
2020
Presiding Officer
ATTEST:
Ci Clerk
Approved:
Mayor Carrie Tergin
APPROVED AS TO FORM:
EXHIBIT A
AMENDED AND RESTATED CHARTER OF THE CITY OF JEFFERSON
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:
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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.
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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 cityCity shall, in addition to its home rule
powers, have all powers conferred by law.
Section 2.2. Construction.
The powers of the cityCity shall be liberally construed. The grant of a specific power or powers to
the cityCity by the provisions of this charter shall not be construed to limit the powers of the cityCity
granted by section 2.1 of this article.
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ARTICLE III—THE COUNCIL
Section 3.1. Where Powers Vested.
Except as this charter provides otherwise, all powers of the cityCity 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 cityCity 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 his the councilmember's ward, as provided in
Article VIII of this charter.
(b) Eligibility. No person shall be eligible for the office of councilmancouncilmember 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 cityCity for at least one year, and in the ward from which he is elected for at least
six months; next preceding hissuch election, nor shall any person be elected or appointed to the
office of councilmancouncilmember who at the time such person files with the city clerk for
inclusion on the ballot is in arrears for any unpaid cityCity taxes, or is guilty of defalcation in
office or, who has been removed from the office of councilmancouncilmember.
(c) Election and terms. Two councilmencouncilmembers 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. At the municipal general election held on April 1,1986, five councilmen shall be elected
to succeed those councilmen whose terms expire in 1986. At the municipal general election held
in 1987, five councilmen shall be elected to succeed those councilmen whose terms expire in
1987. The terms of the councilmembers from each ward shall be staggered a year apart so
that Thereafter five councilmencouncilmembers, one from each ward, 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 councilmencouncilmembers by
ordinance, but the salary of a councilmancouncilmember shall not be increased or diminished during his
their term. CouncilmenCouncilmembers 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 h+ssuch 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.
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Section 3.5. Prohibitions.
(a) Holding Other Office. No councilmancouncilmember shall hold any other cityCity office or
employment within the cityCity government during the term for which he -such councilmember
was elected to the council.
(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 of his 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
cityCity. 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 councilmancouncilmember shall become vacant upon histhe death,
resignation, removal from office, removal of his residence from the ward from which he was
elected or appointed, or forfeiture of his office of any councilmember.
(b) Removal from Office. A councilmancouncilmember may be removed from office by a two-thirds
vote of the council if hesuch councilmember:
1 Lacks at any time during histhe 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= er
4. Is convicted of a misdemeanor involving moral turpitude,
45. Is in default to the cityCity, er
56. 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 councilmancouncilmember 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. I=I -e -The city clerk shall
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keep the journal of council proceedings, authenticate by his signature all ordinances and resolutions, and
record them all ordinances and resolutions in full in a book kept for that purpose. IThe 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 cityCity.
Section 3.9. Investigations.
The council may make investigations into the affairs of the cityCity and the conduct of any
cityCity 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 cityCity 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 cityCity 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 upon his own motion 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.
1. 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 ."
2. 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
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confined to the various subjects and accounts for which moneys are
appropriated.
(e) Procedure.
1. No ordinance shall be passed except by bill, and all bills shall be numbered
consecutively. 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 ef-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.
2. 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. Absent the suspension of this rule, Aat 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 sponsor thereof, be
laid over informally and placed immediately on the informal calendar, and
thereafter called up by the sponsor 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 lie upon the table and be
dropped from the agenda of the council without further action of the council.
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.
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
his the mayor's approval or disapproval and if he-disapproveds-it, he -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
resolution. If the mayor fails to so endorse any ordinance or resolution, or fails to return
(f)
(g)
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the same together with histhe 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.
ARTICLE IV -MAYOR
Section 4.1. Election, Term; Qualifications.
(a) The mayor shall be electedieo by the qualified voters of the cityCity at regular municipal general
elections held in 1987 and each four years thereafter. He -The mayor shall hold his office for a
term of four years and until his a successor is elected and installedqualified. 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 cityCity and a resident thereof for two years next preceding his -the date
of election, nor shall any person be elected to such office who shall, at the time of hiGsuch
person files with the city clerk for inclusion on the ballotelectien, be in arrears for any unpaid
cityCity taxes, or unpaid judgment against the person by the cityCity 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.
f� 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.
u Removal from Office. The mayor may be removed from office by a four-fifths vote of the
council if the mayor:
1. Lacks at any time during the mayor'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 lust
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 cityCity 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 histhe 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
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special election 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.
The mayor shall be the chief executive of the cityCitv. He and shall have the following powers and
duties:
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 cityCity 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 cityCitv, ; 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 cityCitv by reason of any prosecution under the laws or ordinances of the cityCitv.
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.
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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 be paid receive compensation
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 person appointed to the office of city administrator shall possess
qualifications provided by ordinance.
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 cityCitv affairs placed in his
chargcdelegated 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 cityCitv. This section shall apply to all cityCitv
positions except as specified elsewhere in this charter those governed by sections 6.2
and 6.3.
Budget. The city administrator shall prepare and submit a recommended annual budget
and five-year capital improvements program to the mayor.
(c)
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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 cityCitv 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, and the Firemen's Pension Fund 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 chairmanchairperson, 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 cityCitv treasury to the credit of the park fund and shall be kept separate
and apart from other moneys of the cityCitv 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 sityCity for park
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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 cityCitv, but the funds received therefrom shall be
kept separate and apart from all other funds of the cityCitv and shall be deposited in a
fund designated "park fund."
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 eligibles candidates to the city administrator for appointment.
3. All persons so appointed or promoted shall be at will employees of the cityCitv subject to
the provisions herein.
4. Any person suspended, demoted, or discharged for misbehavior or inefficiency shall,
upon his application, be granted a public hearing or closed hearing before the personnel
board.
Section 6.4. [Reserved]
Section 6.5. City CownselerAttorney.
(a) Office Established; Appointment and Tenure. There shall be a department of law, the director of
which shall be known as the city counselorattornev 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.
(b) (Removal. The city counselorattornev 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 counselorattornev 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 counselorattornev shall have been a duly licensed attorney of the state
for at least three years immediately prior to his appointment and shall have been actively
engaged in the practice of law during such three years.
(e) Duties. The city counselorattornev shall have the following duties:
1. Litigation. Direct the management of all litigation in which the cityCitv is a party or is
interested.
2. Represent City. Represent the cityCitv in all legal matters and proceedings in which the
cityCitv 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 cityCitv's interests.
4. Approve Documents. Approve, as to form, all contracts, deeds, bonds and other
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documents to be signed in the name of or made to or with the cityCity.
5. Other Duties. Perform such other duties as the council may, by ordinance or resolution,
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 lie the city prosecutor shall hold his office
until his 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 cityCitv at the time such person files with the city clerk for inclusion on the
ballot of his election. 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 of his election, be in
arrears for any unpaid cityCitv taxes or guilty of forfeiture or defalcation in office.
(c) Duties.
1. Attend Meetings. Attend the meetings of the council when the city counselorattornev is
unavailable upon request by the mayor or council.
2. Prosecute Violations. Prosecute all violations of cityCitv 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 cityCitv 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.
The process and procedures for removal of the city prosecutor from office for cause shall be
established by ordinance.
(g)
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 cityCity.
(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 his the position of municipal
14
judge by the qualified voters of this cityCity 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 14--a municipal judge vacates his
office, 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.
Within twelve months after the adoption of this charter, tThe council shall adopt by ordinance a
personnel code providing a comprehensive personnel system for city officers and employees.
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ARTICLE VII—FINANCIAL PROCEDURES
Section 7.1. Establishing Financial Procedure.
The financial procedures of the cityCity shall be established by ordinance and shall incorporate
the following:
1. Fiscal Year. The council shall determine the fiscal year of the cityCity.
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 cityCity shall be the responsibility of the finance
department. The head of the finance department shall be designated the fiscal officer of the
cityCity. Qualifications, duties and powers of the fiscal officer shall be set by ordinance.
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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 cityCity 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 cityCity 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 #+sa successor has been duly elected and qualified.
Section 8.4. Council Wards.
There shall be five council wardsbounded and numbered the same as the wards which exist at
the time of adoption of this charter. 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.
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ARTICLE IX -INITIATIVE, REFERENDUM, AND RECALL
Section 9.1. General Authority.
(a) Initiative. The qualified voters of the cityCitv 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 cityCitv 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 cityCitv 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 cityCity 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 cityCitv 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. Filing and Approval of Petitions.
Prior to circulation, petitions must be submitted for approval as to form by both the clerk and city
eee eelerattorney. 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 counselorattorney. If disapproved the clerk and counselorattornev 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 cityCitv 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 cityCitv, whichever is the larger number. Referendum petitions shall be
signed by qualified voters of the cityCitv 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 cityCitv 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 he -they personally circulated the paper, the number
of signatures thereon, that all the signatures were affixed in his the presence of the circulator,
18
that h-ethe 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 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 laisthe 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 hi-sa
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:
1. There is a final determination of insufficiency of the petition, or the petitioners' committee
withdraws the petition, or the council repeals the ordinance, or
2. The results of the election on the referred ordinance is 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 cityCity.
(b) Submission to Voters. The election on a proposed or referred ordinance shall be held not less
19
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 cityCitv may be removed by the qualified voters of the
cityCity 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 to succeed himself at a special election to fill
the vacancy created by hissuch recall, nor may hethe 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 grounds 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 councilmancouncilmember, 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.
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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 laethe officer was elected unless sooner
removed or recalled. An official who has been recalled shall be ineligible to serve in the cityCity
government in any capacity at any time during the remainder of the term of office from which hethe
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.
21
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 cityCity 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 cityCity,
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.
22
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.
23
ARTICLE XII -GENERAL PROVISIONS
Section 12.1. Conflicts of Interest.
(a) Any cityCitv officer or employee who has a substantial financial interest in any contracts with the
cityCitv or in the sale of any land, material, supplies or services to the cityCitv or to a contractor
supplying the cityCitv shall make known such interests and shall not vote on or otherwise
participate in h-istheir capacity as a cityCitv officer or employee in the making or performance of
the contracts or in the making of the sale. Any cityCitv 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 h-issuch office or employment.
(b) If any person, firm or corporation contracts with the cityCity, or makes such a sale to the cityCitv
or to a contractor supplying the cityCitv, 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 histheir 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 cityCitv or selling to
the cityCitv, or to a contractor supplying the cityCitv, 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 h is 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 cityCitv or selling to the cityCitv or to a contractor supplying the cityCitv.
(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 cityCitv, 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 cityCitv position or appointive
cityCitv 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 h-istheir test,
appointment, proposed appointment, promotion or proposed promotion.
(b) Penalties. Any person who by himselfsolelv 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.
24
Section 12.3. Notice of Suits.
No action shall be maintained against the cityCity for or on account of any injury growing out of
alleged negligence of the cityCity 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 cityCity.
Section 12.4. Official Bonds.
All officers and employees of the cityCity who receive, disburse, or are responsible for cityCity
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 cityCity 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 cityCity of all moneys belonging to the cityCity that may
come into their hands. The cityCity 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 cityCity
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 cityCity 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 cityCity at the next election held in the cityCity 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 cityCity
voting 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
25
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, for all periods of time longer than twenty four hours and shorter than thirty one days, the time
within which an act is to be done shall be computed by excluding the first day, all Saturdays, Sundays
and holidays -observed by the city, 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.
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ARTICLE XIII -TRANSITIONAL PROVISIONS
Section 13.1. Personnel System.
An employee holding a cityCitv position at the time of 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 cityCitv 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 cityCitv, 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
cityCitv 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, ex9 ptions.
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. with the exception of the treasurer. The office of
treasurer shall cease to exist as an elective office when the term of the current treasurer expires.
Thereafter the fiscal officer shall also serve as treasurer.
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ARTICLE XIV—[RESERVED]SCHEDULE
Section 14.1. First Election.
Sections 1'1.1, 11.2, 11.3, 1'1.1 and 11.5 of this article and the other provisions of this charter that
with the provisions of this charter shall become effective on the adoption of this charter. The first election
of members of the council shall be held on the first day of April 1986.
Section 14.2. Time of Taking Full Effect.
All of the provisions of this charter, except those designated in section 14.1 to become effective
on the adoption of this charter, shall become effective on the convening of the first meeting of the newly
The mayor and each councilman in office on the date this charter is adopted shall continue in
office until the expiration of his term of office and until his a successor is elected and installed. Within
seven days after the election of April 1, 1986, the council shall canvass the returns of the election, declare
the results thereof, and induct into office the councilmen declared elected. Thereupon the newly elected
councilmen, together with those who continue to serve their terms of office, shall forthwith become the
At its first meeting, or at any meeting held within sixty days thereafter, the council may adopt
temporary ordinances to deal with cases in which there is an urgent need for prompt action in connection
would probably cause serious hardship or impairment of effective city government. Every temporary
ordinance shall be plainly labeled as such but shall be introduced in the form and manner prescribed for
amendment, or rejected at thc meeting at which it is introduced. A temporary ordinance shall become
including any amendments made thereto after adoption, shall automatically stand rcp algid as of the
otherwise continued except by adoption in thc manner prescribed in Section 3.11 for ordinances of the
kind concerned.
The purpose of the provisions of Article XIV is to provide a transition from the present government
of the City of Jefferson, Missouri, to thc new government provided for in this charter and to inaugurate the
new government under the provisions of this charter. They shall constitute a part of this charter only to the
extent and for thc time required to accomplish that aim.
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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
cityCity from engaging in lawful gaming activities at gaming facilities operating outside the jurisdiction of
the City of Jefferson.
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