No person shall be councilman unless he is at least twenty-one years of age prior to taking office, a citizen of the United States, an inhabitant of the city for one year next preceding his election, and a resident of the ward from which he is elected six months next preceding his election. (Ord. 2521,§1.)
Whenever there shall be a tie in the election of a councilman, the matter shall be determined by the city council. (Ord. 1019, §2.)
Regular meetings of the City Council shall be held on the first and third Monday of each and every month at 6:30 p.m. at the Rolla City Hall or other so designated time, date or place. The Council may adjourn such regular meetings from time to time which shall be a continuance of the meeting as has been adjourned. Special meetings may also be called by the Mayor. At such meetings no business shall be transacted except that which is mentioned in the calling of the posted Agenda unless 2/3 of all the members of the Council shall consent to the transaction of other business by declaring same as an emergency. (Ord. 2328, §2; Ord. 3299, §1; Ord. 3334, §1; Ord. 3481, §1)
At the first regular meeting of the city council after the election in each year, the council shall elect one of its members president pro tempore, who shall hold his office for a 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 the mayor and president pro tempore, the council may select one of its members present to preside at such meetings, who shall be styled "acting president pro tempore." (Ord. 1019, §4.)
A quorum for the transaction of business shall consist of a majority of all the members of the city council, unless otherwise provided. (Ord. 1019, §6.)
The council may temporarily for the passage of ordinances or transaction of other business, by a vote of two thirds of the members present, suspend any of the rules and regulations governing it in the transaction of business; provided, that the action taken under such suspension be not in conflict with the statutes of the state concerning cities of the third class. (Ord. 1019, §6.)
Unless otherwise specified or unless changed by a specific provision of this article, the city council shall be governed in all matters of procedure by that compilation of rules of procedure known as "Robert's Rules of Order."
The city council shall cause to be kept a journal of its proceedings and the ayes and nays of the members shall be entered on any question at the desire of any two members. The council may prescribe and enforce such rules as may be necessary to secure the attendance of its members and the expeditious transaction of its business. (Ord. 1019, §7.)
The council shall have power to compel the attendance of witnesses and the production of papers relating to any subject under consideration in which the interest of the city is involved and shall have power to call on the proper officer of the city or of the county in which such city is located, to execute such process. The officer making such service shall be entitled to receive therefore such fees as are allowed by law for similar service to be paid by the city. The president of the council or president pro tem., shall have power to administer oaths to witnesses. (Ord. 1019, §8.)
The city clerk shall, at the first regular meeting in April of each year, proceed to call from a list prepared by him, the names of the councilmen whose terms of office are unexpired and of those appearing from the canvassed election returns to have been duly elected at the last election and if a quorum of the council shall appear in their place, the mayor shall call the members of the council to order and the new members shall take and subscribe to their oath of office. (Ord. 1019, §10.)
The salary of the councilmen shall be fixed by ordinance and shall not be changed during the time for which they were elected.
Each council member shall receive the annual salary of two thousand two hundred fifty dollars ($2,250), which shall be paid bi-weekly. Council members shall be reimbursed for expenses as outlined in Section 2-24 of the Municipal Code. (Ord. 1019, §11; Ord. 1954, §1; Ord. 2471, §1; Ord. 2719, §1; Ord. 3226, §2, Ord. 4385, §1)
If a vacancy occurs in the office of councilman, such vacancy shall be filled according to State Statute. (Ord. 2503, §2.)
The City Council shall act through ordinances, resolutions and motions, as the case may be. An ordinance shall be read and may be discussed but the Council shall not vote thereon until the next regular Council meeting or at a special meeting of the Council called for that purpose at which time the ordinance shall be read again before being voted upon. The Council may suspend the Rules of Order as provided by City Code so as to read and vote upon an ordinance in a single meeting. Ordinances and resolutions may be read by title only if copies of the proposed ordinance or resolution is made available for public inspection not less than twenty-four (24) hours prior to the time it is considered by the Council. (Ord. 3057; Ord. 3088; Ord. 3229, §2)
The term "officer" shall include any person holding any situation under the city government or any of its departments, with an annual salary, or for a definite term of office. (Ord. 2883, §2)
The salaries of all officers of the city shall be prescribed by ordinance. (Ord. 1024, §29.)
That the salary schedule as prepared in the "Position Classification, Job Evaluation, and Salary Plan Study" by the City of Rolla Job Evaluation Committee with the assistance of Commonwealth Personnel Management Services, a copy of which is attached hereto, and marked Exhibit "A", be and the same is hereby adopted as the salary schedule for the job classifications set forth therein for the City of Rolla, Missouri. (Ord. 2652, §1.)
The city has elected to accept the provisions of the Missouri Worker's Compensation Act. (Ord. 944, §1; Ord. 2883, §2.)
The mayor of the city is directed to execute and file, for and on behalf of the city any required notice of the city election to accept the provisions of the Worker's Compensation Act, with the State Department of Labor, Division of Worker's Compensation.
The mayor is hereby authorized to make application for and on behalf of the city for appropriate compensation insurance through the city underwriters. (Ord. 944, §§2,3; Ord. 2883, §2.)
The office of city assessor is hereby abolished and hereafter no election shall be had to fill such office. (Ord. 1786, §1.)
The mayor may, with the consent of a majority of all the members elected to the city council, remove from office, for cause shown, any elective officer of the city, such officer being first given opportunity, together with his witnesses, to be heard before council, sitting as a court of impeachment. Any elective officer may, in like manner, for cause shown, be removed from office by a two-thirds vote of all the members elected to the council, independently of the mayor's approval or recommendation. (Ord. 1018, §12.)
The mayor may, with the consent of a majority of all the members elected to the council, remove from office any appointive officer at will and any such appointive officer may be so removed by a two-thirds vote of all the members elected to the council, independently of the mayor's approval or recommendation. The council may pass ordinances regulating the manner of impeachment and removals. (Ord. 1018, §12.)
The city council may remove any elective officer in the manner provided in this Division who shall be charged before them with a willful violation of any official obligation or with culpable negligence or dereliction of duty or with incompetency or with willful misconduct or with abuse of authority in his official capacity or under color of office or with any acts inconsistent with his official duty or character. (Ord. 27, §2.)
A charge against a city officer shall be made in writing and shall be preferred only by the mayor or some member of the city council. If the council shall deem it expedient to take action upon the charges so preferred, they shall make an order suspending the officer so charged from further exercising in the functions of his office. Such charges and order shall be filed with the city clerk, who shall forthwith make a copy thereof, and deliver the same, together with the original charge and order, to the chief of police, or his assistant, who shall at once serve such copies on the accused by delivering the same to him or by leaving them at his usual place of abode and shall return the original charges and order to the clerk, with his return in writing, of the time, place and manner of such service endorsed thereon and the officer so charged shall stand suspended from office from and after such service, until duly acquitted of such charge or otherwise ordered by the city council.
In case of suspension of the mayor, under this Section the president pro tempore of the city council shall be vested with the powers and duties of mayor until the disability of the mayor is removed. (Ord. 27, §3.)
Immediately upon the suspension of any elective officer, the city council shall fix a time for hearing the cause and the chief of police shall serve the officer so charged with a written notice of the time and place of hearing the charge in the usual manner of serving summons, as provided by the statutes of the state. (Ord. 27, §4.)
On the day set for the hearing of a case, as described in Section 2-24, the city council shall meet and proceed according to such rules as they may adopt, to hear the evidence against and in favor of the accused and they may adjourn from time to time as may be necessary, until all the evidence shall have been taken.
The city council shall vote by ayes and noes upon the charge separately, and the question voted on shall be: "Is the accused guilty?" If the council by a majority vote of all the members elected find the accused guilty on any charge or specification, such officer may, by resolution, be removed from office. Upon the adoption of such resolution, the office of the accused shall be vacant and the council shall order a special election to fill such vacancy; provided, that such vacancy shall occur more than six months before the next general election. (Ord. 27, §4.)
On the trial of the accused he shall be entitled to be heard in person and by attorney and the city attorney, acting as such, shall attend the trial and prosecute on behalf of the city. (Ord. 27, §7.)
Subpoenas for witnesses shall be issued by the mayor, and shall be served by the chief of police. The city council shall have the same powers to compel witnesses to testify as are conferred on magistrates by the general laws of the state. Depositions may be taken and read in the same manner as in circuit courts. (Ord. 27, §6.)
The proceedings of the city council shall be entered at large upon the records of the city. (Ord. 27, §5.)
It is declared to be the policy and purpose of the city to extend, at the earliest date, to all eligible employees and officials of the city who are not excluded by law or by this Division and whether employed in connection with a governmental or proprietary function of the city, the benefits of the system of Federal Old Age and Survivors insurance as authorized by the Social Security Act Amendments of 1950 and Section 105.300 et seq. of the Revised Statutes of Missouri and amendments thereof, as the same may be now and hereafter in effect. (Ord. 884, §1.)
The mayor and city clerk are authorized and directed, on behalf of the city, to prepare, execute and submit to the division of budget and comptroller of the state, as state agency of the state, a plan and agreement for extending such benefits to the eligible employees and officials of the city, in the form prepared by the state agency and approved and adopted by the city council, which plan and agreement are to become effective upon approval thereof by the state agency, and are further authorized and directed to execute agreements and modifications and amendments thereof with the state agency, providing for the extension of the benefits to the employees and officials as set forth in the plan and agreement, as provided for in Section 2-43. The plan and agreement shall provide that such extension of benefits is to be effective on January 1, 1951. (Ord. 884, §2.)
Commencing on the first day of the month following the date of the approval of the plan and agreement of the city, described in Section 2-44, by the state agency, there shall be deducted from the wages of all employees and officials of the city, to whom the benefits of the system of Federal Old Age and Survivors Insurance are extended, by virtue of the plan and agreement described in this Division, the amount of each employees' and officials' contributions, as determined by the applicable state and federal laws and by the plan and agreement, the aggregate amount of the deductions to be paid into the contributions fund created by Section 105.300 et seq. of the Revised Statutes of Missouri; provided, however, that from the first payment of wages made to each of the employees and officials after the benefits of the system have been extended to such employees and officials, there shall be deducted a sum equal to the amount which would have been due and payable from each of the employees and officials had extension of benefits been provided and effective on January 1, 1951. (Ord. 884, §3.)
The city, from and after the approval of the plan and agreement of the city, described in Section 2-44, by the state agency, shall fully comply with and shall keep such records, make such reports and provide such methods of administration of the plan and agreement as may be required by all applicable state and federal laws, rules and regulations, now and hereafter in effect with respect to the extension of the benefits of the Federal Old Age and Survivors Insurance System to the employees and officials of the city. For the purpose of administering the plan and agreement, the city clerk shall be the official who shall make all required reports, keep all records, and be responsible for the administration of the plan and agreement on behalf of the city. All notes and communications from the state agency to the city with respect to the plan and agreement shall be addressed to "City Clerk, City Hall, Rolla, Missouri." (Ord. 884, §5.)
Commencing on the first day of the month following the date of the approval of the plan and agreement of this city, described in Section 2-44, by the state agency, there is authorized to be appropriated from the appropriate funds of the city the sums of money necessary to pay the contributions of the city which shall be due and payable by virtue of the extension of the benefits of the Federal Old Age and Survivors Insurance System to the eligible employees and officials of the city. The sums of money shall be paid into the contributions fund created by Section 105.300 et seq., of the Revised Statutes of Missouri; provided, however, that in making the first payment to the contributions fund, after the benefits of the system have been extended to such employees and officials, the first payment shall include a sum equal to the amount which would have been due and payable had extension of benefits been provided and effective on January 1, 1951. The funds from which appropriation is made will, at all times, be sufficient to pay the contributions of the city, by this Section, directed to be paid to the contributions fund. (Ord. 884, §4.)
The city, as a "political subdivision" as defined in Sections 70.600 through 70.760, Revised Statutes of Missouri, supplement of 1967, hereby elects to have covered by the Missouri Local Government Employees Retirement System all its eligible employees in the following classes:
The city hereby elects one hundred percent of prior employment be considered for prior service credit in computing benefits and contributions to the system. (Ord. 1413, §2.)
The city clerk is hereby authorized and directed to deduct from the wages and salaries of each employee member the member contributions required by Section 70.750, Revised Statutes of Missouri, supplement of 1967, and to promptly remit the deductions to the retirement system, together with the employer contributions required by Section 70.730, Revised Statutes of Missouri, supplement of 1967. (Ord. 1413, §3.)
(Ord. 2502, §1; Ord. 2811, §§1-2.; Ord. 3426, §§1-3; Ord. 3888, §§1-2)
The mayor shall be elected by the qualified voters of the city for a four-year term, as provided by the statutes of the state, this Code and other ordinances of the city governing city elections. When two or more persons shall have an equal number of votes for the office of mayor, the matter shall be determined by the council. (Ord. 1018, §2.)
No person shall be mayor unless he be at least thirty years of age, a citizen of the United States and a resident of such city at the time of and for two years next preceding his election. (Ord. 2521, §2.)
The mayor shall receive the annual salary of ten thousand dollars ($10,000) which shall be paid bi-weekly. The mayor shall be reimbursed for expenses as outlined in Section 2-24 of the Municipal Code. (Ord. 1954, §1; Ord. 2471, §1; Ord. 2719, §1; Ord. 2967, §1; Ord. 3225, §2; Ord. 4384, §1)
When any vacancy shall happen in the office of mayor, by death, resignation, removal from office, refusal to qualify or otherwise, the president pro tempore of the council shall, for the time being perform the duties of mayor until such vacancy be filled and in case of temporary absence of the mayor or disability to perform duties of his office, the president pro tempore of the council shall act as mayor, and he shall receive the same compensation that the mayor would be entitled to. In case of vacancy other than a temporary absence or disability, the person exercising the office of mayor shall cause a new election to be held, giving forty days' notice thereof by proclamation published in some newspaper published in the city; provided, however, that when a vacancy in the office of mayor occurs within six months of a general municipal election, no election shall be called to fill such vacancy. (Ord. 1018, §3; Ord. 1790, §2.)
The mayor shall be president of the city council and shall preside over same, but shall not vote except in case of a tie in the council, when he shall cast the deciding vote; provided, however, that he shall have no such power to vote in case he is an interested party. He shall have the superintending control of all the officers and affairs of the city and shall take care that this Code and other ordinances of the city and the state laws relating to such city are complied with. (Ord. 1018, §4.)
The mayor shall have the power to sign or veto any ordinance passed by the city council and shall also possess the power to approve all or any portion of the general appropriation bill or veto any item or all of the same; provided, that should he neglect or refuse to sign any ordinance and return the same with his objections, in writing, at the next regular meeting of the council, the same shall become law without his signature. (Ord. 1018, §5.)
Every bill presented to the mayor and returned to the city council with the approval of the mayor shall become an ordinance, and every bill presented as described, but returned with his objections thereto, shall stand reconsidered. The council shall cause the objections of the mayor to be entered at large upon the journal, and proceed at its convenience to consider the question pending, which shall be in this form: "Shall the bill pass, the objections of the mayor thereto not withstanding?" The votes on the question shall be taken by yeas and nays and the names entered upon the journal and if two-thirds of all the elected members shall vote in the affirmative, the president shall certify the fact on the roll and the bill thus certified shall be deposited with the proper officer and shall become an ordinance in the same manner and with like effect as if it had received the approval of the mayor. (Ord. 1018, §5.)
The mayor shall also have the power to veto any resolution or order of the city council which calls for or contemplates the expenditure of the revenues of the city. Such vetoes shall be noted on the journal of the council and shall be effective and binding unless the council, at a subsequent session thereof, general or special, shall pass such resolution or order by a vote of three-fourths of all the members elected to the council. (Ord. 1018, §6.)
The mayor shall, from time to time, communicate to the council such measures, as may, in his opinion, tend to the improvement of the finances, the police, health, security, comfort and general prosperity of the city. (Ord. 1018, §7.)
The mayor shall have power to require, as often as he may deem it necessary, any officer of the city to exhibit his accounts or other papers or records and to make reports to the council, in writing, touching any subject or matter pertaining to his office. (Ord. 1018, §9.)
The mayor shall sign the commissions and appointments of all city officers elected or appointed in the city and shall approve all official bonds. He shall sign all orders and drafts drawn on the treasury for money and cause the city clerk to attest the same and to affix the seal of the city and to keep an accurate record thereof in a book provided for that purpose. Should the mayor be absent or unable to sign such drafts, then the treasurer shall sign them in his place. (Ord. 2109, §1.)
The mayor, with the consent and approval of a majority of the members elected to the city council, shall have power to appoint such officers as he may be authorized by state law, this Code or other ordinances to appoint. (Ord. 1018, §11.)
The mayor shall be active and vigilant in enforcing this Code and all other ordinances for the government of the city. He shall cause all subordinate officers to be dealt with promptly for any neglect or violation of duty. He is hereby authorized to call on every male inhabitant of the city, over eighteen years of age and under fifty, to aid in enforcing the laws. (Ord. 1018, §13.)
The mayor shall have power to remit fines and forfeitures and to grant reprieves and pardons for offenses arising under this Code or other 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 law, this Code, or other ordinances of the city. (Ord. 1018, §14.)
The mayor shall sign and properly execute all deeds for the sale of real estate, which the city may sell, when properly authorized to do so by the council, and shall perform such other duties in connection therewith as may be imposed upon him by law. (Ord. 1018, §15.)
The Mayor shall represent the City in a variety of ministerial capacities and serve as an active liaison with key community groups and organizations such as, but not limited to, Rolla Municipal Utilities, University of Missouri at Rolla, Ft. Leonard Wood, and Rolla Area Chamber of Commerce. (Ord. 3692, §1)
As chief executive officer the Mayor shall make himself available at City Hall on a regular basis for effective oversight and coordination with the city Staff and the general public. (Ord. 3692, §1)
The city prosecuting attorney shall be a person licensed to practice law in the State of Missouri and be a resident of the city.
(Ord. 2305, §1; Ord. 4386, §1)
The city prosecuting attorney shall receive for his services an annual compensation of twenty eight thousand dollars ($28,000.00), which compensation shall be paid bi-weekly. Nothing herein contained shall be construed to mean the city prosecuting attorney is a general employee for purposes of Section 2-53. (Ord. 1954, §1; Ord. 2471, §1; Ord. 2719, §1; Ord. 3364, §2; Ord. 4386, §1)
The city prosecuting attorney shall prosecute all violations of municipal ordinances of the city in all courts of the state and shall do everything incidental thereto.
In the absence of the city counselor, the city prosecuting attorney may perform the duties of that office as established by ordinance at such compensation as may be by ordinance established. (Ord. 2297, §1; Ord. 4386, §1)
There is hereby established pursuant to the provisions of Section 479.020 RSMo 1978, the office of municipal judge of Rolla, Missouri. (Ord. 2131, §1.)
There is hereby established a municipal court, to be known as the "Rolla Municipal Court, a division of the Twenty-fifth Judicial Circuit of the State of Missouri." This court is a continuation of the police court of the city as previously established and is termed herein "the municipal court." (Ord. 2131, §2.)
The person serving as police judge for the City of Rolla on the effective date of this Ordinance, shall serve as municipal judge of the City of Rolla, Missouri, and shall serve out the term for which he was elected as such judge. Such person shall continue to receive the compensation provided for such position prior to the effective date of this Ordinance for the remainder of said term. (Ord. 2131, §3.)
The term of office for the municipal judge of Rolla, Missouri, shall be two (2) years. (Ord. 2131, §4.)
The municipal judge of the City of Rolla, Missouri, shall be elected by the qualified voters of Rolla at the municipal election on the first Tuesday in April of 1980 and every two (2) years thereafter, and shall hold office for the term herein provided and until his successor has been duly elected and qualified. The procedures for filing declarations of candidacy, and other election procedures that are applicable to the office of mayor shall apply to the office of municipal judge, except that there is no limitation on the number of terms that a person may serve as municipal judge. (Ord. 2131, §5.)
The municipal judge shall vacate his office under the following circumstances:
(Ord. 2131, §6; Ord. 2966, §1)
The municipal judge shall possess the following qualifications before he shall take office:
(Ord. 2137, §7; Ord. 2966, §2; Ord. 3134, §1; Ord. 3363, §2)
The municipal judge shall receive the annual salary of eighteen thousand dollars ($18,000.00), which salary shall be paid bi-weekly. (Ord. 1954, § 1; Ord. 2471, §1; Ord. 2719, §1; Ord. 2988, §1; Ord. 4387, §1)
The municipal court of the city shall be subject to the rules of the Circuit Court of which it is a part, and to the rules of the State Supreme Court. The municipal court shall be subject to the general administrative authority of the presiding judge of the circuit court. (Ord. 2131, §8.)
The municipal judge shall report, within the first ten (10) days of every month, the following:
A list of all cases heard and tried before the court during the preceding month, giving in each case the name of the defendant, the fine imposed, if any, the amount of cost, the names of defendants committed and in the cases where there was an application of trial de novo, respectively. The same shall be prepared under oath by the municipal court clerk or the municipal judge. This report shall be filed with the city clerk, who shall thereafter make available the same to the city council of the City of Rolla for examination. The municipal court shall, within ten (10) days after the first of the month, pay to the municipal treasurer the full amount of all fines collected during the preceding months, if they have not previously been paid. (Ord. 2131, §9; Ord. 2590, §1.)
The municipal judge shall be a conservator of the peace. He shall keep a docket in which he shall enter every case commenced before him and the proceedings therein and he shall keep such other records as may be required. Such docket and records shall be records of the Circuit Court of Phelps County. The municipal judge shall deliver the docket and records of the municipal court, and all books and papers pertaining to his office, to his successor in office or to the presiding judge of the circuit. (Ord. 2131, §10.)
The municipal judge shall be and is hereby authorized to:
The municipal judge may establish a traffic violations bureau and if the same is established, the city shall provide all funding for the operation of such bureau. (Ord. 2131, §12.)
All warrants issued by a municipal judge shall be directed to the chief of police or any other police officer of the municipality or to the sheriff of the county. The warrant shall be executed by the chief of police, police officer, or sheriff any place within the limits of the county and not elsewhere unless the warrants are endorsed in the manner provided for warrants in criminal cases, and when so endorsed, shall be served in other counties, as provided for in warrants in criminal cases. (Ord. 2131, §13.)
Any person charged with a violation of a municipal ordinance of this city shall be entitled to a trial by jury, as in prosecutions for misdemeanors before an associate circuit judge. Whenever a defendant accused of a violation of a municipal ordinance demands trial by jury, the municipal court shall certify the case to the presiding judge of the circuit court for reassignment, as provided in Section 2 of Section 517.020, Revised Statutes of Missouri. (Ord. 2131, §14.)
It shall be the duty of the municipal judge to summon all persons whose testimony may be deemed essential as witnesses at the trial, and to enforce their attendance by attachment, if necessary. The fees of witnesses shall be the same as those fixed for witnesses in trials before associate circuit judges and shall be taxed as other costs in the case. When a trial shall be continued by a municipal judge it shall not be necessary to summon any witnesses who may be present at the continuance; but the municipal judge shall orally notify such witnesses as either party may require to attend before him on the day set for trial to testify in the case, and enter the names of such witnesses on his docket, which oral notice shall be valid as a summons. (Ord. 2131, §15.)
If, in the progress of any trial before a municipal judge, it shall appear to the judge that the accused ought to be put upon trial for an offense against the criminal laws of the state and not cognizable before him as municipal judge, he shall immediately stop all further proceedings before him as municipal judge and cause the complaint to be made before some associate circuit judge within the county. (Ord. 2131, §16.)
If, in the opinion of the municipal judge, the city has no suitable and safe place of confinement, the municipal judge may commit the defendant to the county jail, and it shall be the duty of the sheriff, if space for the prisoner is available in the county jail, upon receipt of a warrant of commitment from the judge to receive and safely keep such prisoner until discharged by due process of law. The municipality shall pay the board of such prisoner at the same rate as may now or hereafter be allowed to such sheriff for the keeping of such prisoner in his custody. The same shall be taxed as cost. (Ord. 2131, §17.)
Any judge hearing violations of municipal ordinances may, when in his judgment it may seem advisable, grant a parole or probation to any person who shall plead guilty or who shall be convicted after a trial before said judge. (Ord. 2131, §18.)
In any case tried before a municipal judge who is not licensed to practice law in this state, the defendant shall have a right to trial de novo, even from a plea of guilty, before a circuit judge or an associate circuit judge. In any case tried before a municipal judge who is licensed to practice law in this state, or before an associate circuit judge, except where there has been a plea of guilty or the case has been tried with a jury, the defendant shall have the right of trial de novo before a circuit judge or upon assignment before an associate circuit judge. An application for trial de novo shall be filed within ten days after judgment and shall be filed in such form and perfected in such manner as provided by supreme court rule. In any case tried with a jury before an associate circuit judge a record shall be made and appeals may be had upon that record to the appropriate appellate court. (Ord. 2153, §1.)
In all cases in which a jury trial has been demanded, a record of the proceedings shall be made, and appeals may be had upon that record to the appropriate appellant court. (Ord. 2131, §20.)
In the case of a breach of any recognizance enter into before a municipal judge or associate circuit judge hearing a municipal ordinance violation case, the same shall be deemed forfeited and the judge shall cause the same to be prosecuted against the principal and surety, or either of them, in the name of the municipality as plaintiff. Such action shall be prosecuted before a circuit judge or associate circuit judge, and in the event of cases caused to be prosecuted by a municipal judge, such shall be on the transcript of the proceedings before the municipal judge. All monies recovered in such actions shall be paid over to the municipal treasury to the general revenue fund of the municipality. (Ord. 2131, §21.)
A municipal judge shall be disqualified to hear any case in which he is in anywise interested, or, if before the trial is commenced, the defendant or the prosecutor files an affidavit that the defendant or the municipality, as the case may be, cannot have a fair and impartial trial by reason of the interest or prejudice of the judge. Neither the defendant nor the municipality shall be entitled to file more than one affidavit or disqualification in the same case. (Ord. 2131, §22.)
If a municipal judge be absent, sick or disqualified from acting, the mayor may designate some competent, eligible person to act as municipal judge until such absence or disqualification shall cease; provided, however, that should a vacancy occur in the office of an elected municipal judge more than six (6) months before a general municipal election, then a special election shall be held to fill such vacancy; and in case of vacancy in the office of an elected municipal judge within less than six (6) months of a general municipal election, the office may be filled by a competent, eligible person designated by the mayor. (Ord. 2131, §23.)
Should the municipal judge be disqualified to act in any case and a temporary judge is designated as provided by this Ordinance, such person shall receive the sum of $35.00 per day of service, payable by the city. Persons designated to fill a vacancy in the office of municipal judge shall receive the same salary as the duly elected municipal judge. (Ord. 2131, §24.)
In addition to any fine that may be imposed by the municipal judge there shall be assessed as costs in all cases the following:
The costs of any action may be assessed against the prosecuting witness and judgment be rendered against him that he pay the same and stand committed until paid in any case where it appears to the satisfaction of the municipal judge that the prosecution was commenced without probable cause and from malicious motives.
When a fine is assessed for violating an ordinance, it should be within the discretion of the judge assessing the fine to provide for the payment of a fine on an installment basis under such terms and conditions as he may deem appropriate. (Ord. 2131, §27.)
There shall be a municipal division clerk and such additional clerical staff as is necessary to aid the municipal division clerk. The municipal division clerk, under the supervision of the municipal judge and with the aid of the other clerical personnel, shall perform the following duties:
There is hereby created and established the office of city administrator for the City of Rolla, Missouri. (Ord. 2019, § 1.)
A qualified person shall be appointed city administrator for the City of Rolla, Missouri by the mayor; such appointment shall be approved by a majority of the full city council. The person so appointed shall serve for an indefinite period of time. (Ord. 2019, §2.)
The person appointed to the office of city administrator shall be at least twenty-five (25) years of age and shall be a resident of the City of Rolla, Missouri at the time of the effective date of such appointment; and shall be a graduate of an accredited university or college, majoring in public or municipal administration or shall have the equivalent qualifications and experience in financial, administrative and/or public relations fields. (Ord. 2019, §3.)
The city administrator, before entering upon the duties of his office, shall file with the city a bond in the amount of fifty thousand dollars ($50,000.00); such bond shall be approved by the city council and such bond shall insure the City of Rolla for the faithful and honest performance of the duties of the City of Rolla and for rendering a full and proper account of the city administrator for funds and property which shall come into the possession or control of the city administrator. The cost of such bond shall be paid by the City of Rolla; however, should the city administrator be covered by a blanket bond to the same extent, such individual bond shall not be required. (Ord. 2019, §4.)
The city administrator shall receive such compensation as may be determined from time to time by the city council and such compensation shall be payable biweekly. (Ord. 2019, §5.)
The city administrator shall serve at the pleasure of the appointing authority. The mayor, with the consent of a majority of the full city council, may remove the city administrator from office at will, and such city administrator may also be removed by a majority vote of the full city council independently of the mayor's approval or disapproval. If requested, the mayor and city council shall grant the city administrator a public hearing within thirty (30) days following notice of such removal. During the interim, the mayor, with the approval of a majority of the full city council, or by a majority vote of the full city council without the mayor's approval, may suspend the city administrator from duty, but shall continue his salary and, if after the hearing, removal becomes final, shall pay his salary for two (2) calendar months following the removal date, provided however, that if the city administrator shall be removed for acts of dishonesty or acts of moral turpitude, such salary shall not be continued. (Ord. 2019, §6.)
(Ord. 2019, §7; Ord. 3036, §1.) (Repealed by Ord. 3399, §1)
No member of the city council shall directly interfere with the conduct of any department or duties of employees subordinate to the city administrator except at the express direction of the city council or with the approval of the city administrator. (Ord. 2019, §9.)
The provisions of this Ordinance are declared to be severable and if any section, sentence, clause, or phrase of this Ordinance shall, for any reason, be held invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses and phrases of this Ordinance but they shall remain in effect, it being the legislative intent of the city council that this Ordinance shall stand notwithstanding the validity of any part. (Ord. 2019, §10.)
Nothing in this Ordinance shall be construed to remove the operation of municipality owned utilities from the supervision and control of the board of public works as provided in Ordinance No. 630, Ordinance No. 1037, and Chapter 91 of the Revised Statutes of Missouri 1969. (Ord. 2019, §12.)
There is hereby established the office of city counselor of the City of Rolla, Missouri. (Ord. 2296, § 1.)
The city counselor shall be appointed by the mayor with the consent of the city council and shall receive such compensation as the city council may establish from time to time. (Ord. 2296, §2; Ord. 3224, §1)
The city counselor shall be a person who is authorized to practice law in the State of Missouri by license and shall be a member in good standing of the Missouri Bar. (Ord. 2296, §3.)
The duties of the city counselor shall be established by ordinance and shall include the following:
The mayor with the approval of a majority of the city council shall appoint the city clerk. (Ord. 2543, §1.)
(Ord. 527, §2.) (Repealed by Ord. 3399, §1)
Subject to the approval of the city council, the clerk may establish such rules and regulations for the transaction of business generally in his office as he may deem expedient and not consistent with state law, this Code or other city ordinances. (Ord. 527, §3.)
The clerk shall give bond to the city in such sum as may be required by the council. The cost of such bond shall be paid by the city; however, should the city clerk be covered by a blanket bond to the same extent, such individual bond shall not be required. (Ord. 527, §5; Ord. 2635, §1.)
The city clerk shall prepare and attest all warrants that may be ordered issued by the city council and present them to the mayor for his signature. He shall attest all other official acts of the council. He shall enroll all ordinances passed by the council and shall attest and seal the same; shall issue and sign all licenses as may be required by this Code or other ordinance of the city. (Ord. 527, §6.)
As soon as the city council shall have established the rate of taxes for the year, the clerk shall make out a city tax book, and extend thereon from the certified abstract of the city assessor's books all property within the city made taxable by law, and upon which the taxes for the year have been established by ordinance; the amount of taxes due from each lot or tract of land, and each person, both real and personal, and shall extend opposite thereto in proper columns the amount of taxes levied by the council, which, when completed, he shall certify to be correct, and shall deliver the same to the collector upon his giving duplicate receipts therefore, and for the amount of taxes therein represented as due, one of which receipts shall be recorded in the records of the city. (Ord. 527, §7.)
The city council may and shall have the power, in their discretion, to elect and appoint a suitable person as deputy city clerk.
The person appointed and elected deputy city clerk shall perform such duties as may be directed by the city clerk, which duties shall be performed under the supervision of the city clerk.
The deputy city clerk shall, in the absence of the city clerk, have the power and authority to execute, with the mayor, checks upon the city depository; attest all official acts of the council; issue and sign all licenses as may be required by this Code; and perform such other duties which are required of the city clerk by this Code. (Ord. 1986, §1.)
The mayor shall, by and with the consent of the city council, appoint a city engineer, who shall hold such office until the first Monday in May after his appointment, or until his successor is duly appointed and qualified. (Ord. 1064, §1.)
No person shall be appointed city engineer who shall not be a registered engineer. (Ord. 1064, §2.)
The duties of the city engineer shall be:
All maps, plats and records pertaining to city matters, whatever kind and nature, that shall be made, prepared and kept by the city engineer during his term of office shall become and remain the property of the city and on the expiration of his term of office, the city engineer shall deliver all such property to his successor. (Ord. 1064, §6.)
The mayor shall have the power, by and with the consent of the city council, to appoint such assistant city engineers as he shall deem necessary, who shall perform such duties as may be assigned by the city engineer. (Ord. 1064, §5.)
There is hereby established the position of airport liaison officer for the City of Rolla at the Rolla National Airport. (Ord. 1844, §1.)
It shall be the duty of the airport liaison officer to:
All reports and recommendations to be made to the city provided for in Section 2-216 shall be made in writing on a regular basis to the mayor, chairman of the airport advisory committee and the city engineer. (Ord. 1844, §3.)
The person serving as airport liaison officer shall receive as compensation wages in the sum of eight hundred fifty dollars per month. (Ord. 1844, §4.)
City ambulances which are owned or operated by the city shall be used for the following purposes only:
The following fees shall be charged and collected for the use and services of any ambulance owned or operated by the city, which such fees shall be paid into the general revenue of the city:
Sec. 2-237. Procedure to disclose potential conflicts of interest and substantial interests for certain municipal officials.
The proper operation of municipal government requires that public officials and employees be independent, impartial and responsible to the people; that government decisions and policy be made in the proper channels of the governmental structure; that public office not be used for personal gain; and that the public gave confidence in the integrity of its government. In recognition of these goals, there is hereby established a procedure for disclosure by certain officials and employees of private financial or other interests in matters affecting the City of Rolla.
The Mayor or any member of the City Council, who has a substantial personal or private interest, as defined by state law, in any bill shall disclose on the records of the City Council the nature of his interest and shall disqualify himself from voting on any matters relating to this interest.
The Mayor, each City Council member, the City Administrator, the City Finance Director, and the General Manager of the Rolla Municipal Utilities shall disclose the following information by May 1 if any such transactions were engaged in during the previous calendar year.
This Ordinance shall be filed with the State Ethics Commission as follows: The City Clerk shall transmit a certified copy of said Ordinance prior to September 15, 2022.
This ordinance shall be in full force and effect from and after the date of its passage and approval and shall remain in effect until amended or repealed by the City Council. (Ord. 2810, §1; Ord. 2949, §2; Ord. 3002, §2; Ord. 3073, §2; Ord. 3138, §2; Ord. 3204, §2; Ord. 3262, §2; Ord. 3330, §2; Ord. 3469, §1; Ord. 3574, §1; Ord. 3643, §1; Ord. 3744, §1; Ord. 3872, §1; Ord. 3961, §2; Ord. 4045; Ord. 4148, §2; Ord. 4284, §2; Ord. 4427, §2; Ord. 4570, §2; Ord. 4690, §2)
The City Clerk is hereby designated as the "Custodian of Records" for the City of Rolla and such Custodian is located in Rolla City Hall, 901 North Elm Street, Rolla, Missouri 65401. Such designation does not mean that the City Clerk will necessarily have all the records in his or her possession, but simply is an indication to whom requests for copies of records and information regarding the City government shall be directed. Requests for records made to persons other than the City Clerk shall not be considered to be requests that are made pursuant to the Missouri Sunshine Law, Chapter 610 of the State Statutes. Nonetheless, any official or employee of the City who receives a request is directed to inform the City Clerk of the request in a timely fashion, so that a response may be made to the request. (Ord. 3943, §1)
All requests for records, notices, or information should be in writing and should be accompanied by a deposit of the estimated costs of reproducing the requested information. Oral requests, if received by the City Clerk, shall be immediately recorded in written form to document the same. Any request received by the City Clerk shall be initialed by the clerk, with the date and time of receipt noted. (Ord. 3943, §1)
The requesting party shall indicate on the request the manner in which a response is desired. In absence of instructions to the contrary, it will be assumed that the requesting party wants to receive a response in the same form as the original request. (Example, if someone stops by City Hall and requests copies of documents, it will be assumed that the requesting party will stop by City Hall later to pick up the documents. But if someone mails a request to the City Hall, it will be assumed that a mailed response is desired). (Ord. 3943, §1)
The Custodian of Records shall respond to the request within three (3) business days of its receipt. A "business day" is a day when the City Hall is open for the conduct of City business during its normal business hours. While it is desirable that the entire transaction be completed within three (3) business days, there may be circumstances where clarification or explanation of the request is necessary, or where it may be necessary to provide only part of the requested information while searches are made to find copies of other documents requested. (Ord. 3943, §1)
The Custodian of Records shall document the response provided either by (1) making an extra copy of the response and attaching it to the original request, (2) noting on the request what documents were provided, or (3) keeping a copy of any letter or note requesting additional information in order to process the request. Additionally, the Custodian of Records shall maintain a log to determine if requests are completed timely and all requests are adequately filled, Necessary information includes, but is not limited to, the date of request, a brief description of the request, the date the request is completed or why the request cannot be completed, and any associated costs of filling the request. (Ord. 3943, §1)
A request for copies of "all documents" or "every document" of a particular sort involves a request to search through every record of the City in order for the City to certify that it has provided "all" or "every" document. Such searches are expensive. Similarly, a request for records compiled in a format differing from the format in which the records are customarily retained is a request for a search and compilation, and can be expensive. As a general rule, the Custodian of Records is not expected to engage in extensive searches or compilations. Any search request that will require more than 15 minutes of the Custodian's time will be refused without a reasonable advance deposit for the estimated time required to search for the records. (Ord. 3943, §1)
Fees for search, retrieval, accompanying and returning to their proper storage all City documents shall be:
(Ord. 3943, §1)
To reduce the cost to both the requesting party and the City, the Custodian of Records may permit a physical inspection of the records by the requesting party to help specify what documents are needed. The Custodian may impose such security as is deemed appropriate to guarantee that no record is removed from the City files. The requesting party shall pay the cost of that security at the rate provided in Section 2-257. (Ord. 3943, §1)
The Custodian of Records is empowered to waive the collection of any of the fees totaling less than $1 provided in Section 2-257 above to any citizen of the City requesting documents from the City, or to any representative of the news media that routinely sends a reporter to cover meetings of the City Council. No person or organization shall receive more than three (3) such waivers in any 12-month period. The fees may be waived if they contribute significantly to public understanding of the operations or activities of the public governmental body and is not primarily in the commercial interest of the requestor. Any request for documents may be furnished without charge or at a reduced charge by the City Council. (Ord. 3943, §1)
All records of the City which are permitted to be closed records by reason of the Sunshine Law or by any other statute of Missouri, or by any statute or regulation of the United States government shall be maintained as closed records. No such closed record shall be released to any person who is not a part of the City government, except that the City's auditor may see such records as are reasonably necessary to prepare an audit report as requested by the City, and the City's attorney may see such records as are reasonably necessary to represent the City. Requests that closed records be opened to the public inspection will be considered on a case-by-case basis by the City Council. (Ord. 3943, §1)
No subpoena for a closed record shall be honored. All such subpoenas shall be referred to the City attorney for a response, and for a motion to quash the subpoena. The only exception to this requirement that will be recognized is a subpoena from a grand jury. (Ord. 3943, §1)
The Custodian of Records shall establish a fixed place where all public notices and agendas will be posted. This notice board should be in a place that is accessible to members of the public at times when the City Hall is open and (if possible) should be lighted and available for public inspection even at times when the City Hall is closed. This notice board shall have the notion "PUBLIC NOTICES" printed in letters at least four inches in height at the top of said board. A window or glass door at the entrance to the city Hall may be used as the notice board, provided such notices are placed in such a fashion that they can be read by persons on the outside of the City Hall. (Ord. 3943, §1)
Any person employed or working for the City, or who has been entrusted with a record that is marked to indicate that it is "confidential" or a "closed record," or who has been invited to participate in a closed meeting who nonetheless discloses any closed record, or any information about the contents of any closed meeting to any person shall be guilty of an offense under the ordinances of the City, and upon conviction therefore may be punished as provided by law. Any such person who is employed or working for the City may also be subject to the termination of their employment as a result of such disclosure. Any such person who is an elected official may also be subject to impeachment from their office as a result of such disclosure. (Ord. 3943, §1)
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