Chapter 105: ELECTIONS
ARTICLE I: General Provisions
Section 105.010. Conformance of City Elections With State Law.
All City elections shall be conducted and held in conformance with the provisions of Chapter 115, RSMo.
Section 105.020. Date of Municipal Election. [1] [CC 1984 §121.010; Ord. No. 850 §§1 — 3, 5-13-2003]
Section 105.030. Declaration of Candidacy — Dates for Filing.
Any person who desires to become a candidate for an elective City office at the general City election shall file with the City Clerk, not prior to the hour of 8:00 A.M., on the fifteenth (15th) Tuesday prior to, nor later than 5:00 P.M., on the eleventh (11th) Tuesday prior to the next City municipal election, a written declaration of his/her intent to become a candidate at said election. The City Clerk shall keep a permanent record of the names of the candidates, the offices for which they seek election, and the date of their filing, and their names shall appear on the ballots in that order.
Section 105.040. Declaration of Candidacy — Notice to Public.
The City Clerk shall, on or before the fifteenth (15th) Tuesday prior to any election at which City offices are to be filled by said election, notify the general public of the opening filing date, the office or offices to be filled, the proper place for filing and the closing filing date of the election. Such notification may be accomplished by legal notice published in at least one (1) newspaper of general circulation in the City.
Section 105.050. Declaration of Candidacy — Form.
The form of said written declaration of candidacy shall be substantially as follows:
STATEMENT OF CANDIDACY | |||
STATE OF MISSOURI | ) | |
|
I, ____________________, being first duly sworn, state that I reside at ____________________, City of La Plata, County of Macon, Missouri; that I am a qualified voter; that I do hereby declare myself a candidate for the office of ____________________, to be voted upon at the municipal election to be held on the first (1st) Tuesday after the first (1st) Monday in April, _____, and I meet all the qualifications required of a candidate for said office, and I hereby request that my name be printed upon the official ballot for said election for said office, and state that I will serve as such officer, if elected. | |||
Signed:__________ | |||
Subscribed and sworn to before me this ______ day of __________________, ______. | |||
__________ | |||
(SEAL) | |||
Section 105.060. Notice of Elections.
In City elections, the City Clerk shall notify the Election Authority prior to 5:00 P.M. on the tenth (10th) Tuesday prior to any City election except as noted in Section 115.125.1, RSMo. The notice shall be in writing, shall specify that the Board of Aldermen is calling the election, the purpose of the election, the date of the election, and shall include a certified copy of the legal notice to be published including the sample ballot. The written notice shall be executed on behalf of the Board of Aldermen by the Mayor of the Board, and shall include the attestation of the City Clerk and shall have affixed thereto the Seal of the City of La Plata. The notice and any other information required by this Section may, with the prior notification to the election authority receiving the notice, be accepted by facsimile transmission prior to 5:00 P.M. on the tenth (10th) Tuesday prior to the election, provided that the original copy of the notice and a certified copy of the legal notice to be published shall be received in the office of the election authority within three (3) business days from the date of the facsimile transmission.
Section 105.070. Certification of Election Results. [CC 1984 §121.120]
As soon as practicable after each City election, the election authority shall convene a Verification Board in accordance with the Act to verify the count and certify the results of the election. Not later than the second (2nd) Tuesday after the election, the Verification Board shall issue a statement announcing the results of each election and shall certify the returns to the City Clerk. The City Clerk shall issue to each person elected a certificate of election.
ARTICLE II
Wards
Section 105.080. Wards. [CC 1984 §§21.900 — 21.930; Ord. No. 807 §§1 — 2, 1-15-2002]
- Ward I. Shall hereby consist of all that part of the municipal corporation limits of the City of La Plata, Missouri, which is located west of Gex Street.
- Ward II. Shall hereby consist of all that part of the municipal corporation limits of the City of La Plata, Missouri, which is located east of Gex Street.
Chapter 110:MAYOR AND BOARD OF ALDERMEN
ARTICLE I: Mayor and Board of Aldermen — Generally
Section 110.010. Aldermen, Qualifications. [CC 1984 §21.010]
No person shall be an Alderman unless he/she be at least twenty-one (21) years of age, a citizen of the United States, and an inhabitant and resident of the City for one (1) year next preceding his/her election, and a resident of the ward from which he/she is elected. No person shall be elected an Alderman who is in arrears for any tax, lien, forfeiture or defalcation in office. All members of the Board shall hold their office for a term of two (2) years.
Section 110.020. Mayor, Qualifications.
No person shall be Mayor unless he/she be at least twenty-five (25) years of age, a citizen of the United States and a resident of the City at the time of and for at least one (1) year next preceding his/her election.
Section 110.030. Board to Select an Acting President, Term.
The Board shall elect one (1) of their own number who shall be styled "Acting President of the Board of Aldermen" and who shall serve for a term of one (1) year.
Section 110.040. Acting President to Perform Duties of Mayor, When.
When any vacancy shall happen in the office of Mayor by death, resignation, removal from the City, removal from office, refusal to qualify, or from any other cause whatever, the Acting President of the Board of Aldermen shall, for the time being, perform the duties of Mayor, with all the rights, privileges, powers and jurisdiction of the Mayor, until such vacancy be filled or such disability be removed; or, in case of temporary absence, until the Mayor's return.
Section 110.050. Mayor and Board — Duties.
The Mayor and Board of Aldermen of each City governed by this Chapter shall have the care, management and control of the City and its finances, and shall have power to enact and ordain any and all ordinances not repugnant to the Constitution and laws of this State, and such as they shall deem expedient for the good government of the City, the preservation of peace and good order, the benefit of trade and commerce and the health of the inhabitants thereof, and such other ordinances, rules and regulations as may be deemed necessary to carry such powers into effect, and to alter, modify or repeal the same.
Section 110.060. Appoint Certain Officers — Control Police. [CC 1984 §21.230]
The Mayor, with the advice and consent of the Board of Aldermen, shall have the power to appoint all appointive officers of the City. He/she shall have authority to give such orders to the Chief of Police and Policemen of the City as in his/her judgment the public good may require, and it shall be the duty of the Chief of Police and Police Officers to obey such orders.
Section 110.070. Mayor May Sit in Board.
The Mayor shall have a seat in and preside over the Board of Aldermen, but shall not vote on any question except in case of a tie, nor shall he/she preside or vote in cases when he/she is an interested party. He/she shall exercise a general supervision over all the officers and affairs of the City, and shall take care that the ordinances of the City, and the State laws relating to such City, are complied with.
Section 110.080. Standing Committees Appointed. [CC 1984 §21.210]
The Mayor shall, at the first (1st) meeting of the Board of Aldermen after each annual election, name the members of such standing committees as he/she deems necessary, which shall consist of two (2) or more members of the Board of Aldermen.
Section 110.090. Ordinances — Procedure to Enact.
The style of the ordinances of the City shall be: "Be it ordained by the Board of Aldermen of the City of La Plata, as follows:" No ordinance shall be passed except by bill, and no bill shall become an ordinance unless on its final passage a majority of the members elected to the Board of Aldermen shall vote for it, and the "ayes" and "nays" be entered on the journal. Every proposed ordinance shall be introduced to the Board of Aldermen in writing and shall be read by title or in full two (2) times prior to passage, both readings may occur at a single meeting of the Board of Aldermen. If the proposed ordinance is read by title only, copies of the proposed ordinance shall be made available for public inspection prior to the time the bill is under consideration by the Board of Aldermen. No bill shall become an ordinance until it shall have been signed by the Mayor or person exercising the duties of the Mayor's office, or shall have been passed over the Mayor's veto, as herein provided.
Section 110.100. Bills Must Be Signed — Mayor's Veto.
Every bill duly passed by the Board of Aldermen and presented to the Mayor and by him/her approved shall become an ordinance, and every bill presented as aforesaid, but returned with the Mayor's objections thereto, shall stand reconsidered. The Board of Aldermen 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 notwithstanding?" The vote on this question shall be taken by "ayes" and "nays" and the names entered upon the journal, and if two-thirds (⅔ of all the members-elect shall vote in the affirmative, the City Clerk 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. The Mayor shall have power to sign or veto any ordinance passed by the Board of Aldermen; provided, that should he/she neglect or refuse to sign any ordinance and return the same with his/her objections, in writing, at the next regular meeting of the Board of Aldermen, the same shall become a law without his/her signature.
Section 110.110. Board to Keep Journal of Proceedings.
The Board of Aldermen shall cause to be kept a journal of its proceedings, and the "ayes" and "nays" shall be entered on any question at the request of any two (2) members. The Board of Aldermen may prescribe and enforce such rules as it may find necessary for the expeditious transaction of its business.
Section 110.120. Board Shall Publish Semi-Annual Statements.
The Board of Aldermen shall semi-annually each year, at times to be set by the Board of Aldermen, make out and spread upon their records a full and detailed account and statement of the receipts and expenditures and indebtedness of the City for the half year ending with the last day of the month immediately preceding the date of such report, which account and statement shall be published in some newspaper in the City.
Section 110.130. No Money of City to Be Disbursed Until Statement Is Published — Penalty.
In the event the financial statement of the City is not published as required by Section 110.120, the Treasurer of the City shall not pay out any money of the City on any warrant or order of the Board of Aldermen after the end of the month in which such financial statement should have been published until such time as such financial statement is published. Any Treasurer violating the provisions of this Section shall be deemed guilty of a misdemeanor.
Section 110.140. Board May Compel Attendance of Witnesses — Mayor to Administer Oaths.
The Board of Aldermen shall have power to compel the attendance of witnesses and the production of papers and records relating to any subject under consideration in which the interest of the City is involved, and shall have power to call on the proper officers of the City, or of the County in which such City is located, to execute such process. The officer making such service shall be allowed to receive therefor such fees as are allowed by law in the Circuit Court for similar services, to be paid by the City. The Mayor or Acting President of the Board of Aldermen shall have power to administer oaths to witnesses.
Section 110.150. Mayor to Sign Commissions.
The Mayor shall sign the commissions and appointments of all City Officers elected or appointed in the City, and shall approve all official bonds unless otherwise prescribed by ordinance.
Section 110.160. Mayor Shall Have the Power to Enforce Laws.
The Mayor shall be active and vigilant in enforcing all laws and ordinances for the government of the City, and he/she shall cause all subordinate officers to be dealt with promptly for any neglect or violation of duty; and he/she is hereby authorized to call on every male inhabitant of the City over eighteen (18) years of age and under fifty (50), to aid in enforcing the laws.
Section 110.170. Mayor — Communications to Board.
The Mayor shall, from time to time, communicate to the Board of Aldermen such measures as may, in his/her opinion, tend to the improvement of the finances, the Police, health, security, ornament, comfort and general prosperity of the City.
Section 110.180. Mayor May Remit Fine, Grant Pardon.
The Mayor shall have power to remit fines and forfeitures, and to grant reprieves and pardons for offenses arising under the 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 said City by reason of any prosecution under the laws or ordinances of such City.
ARTICLE II
Board of Aldermen Meetings [1]
Section 110.190. Regular Meetings. [CC 1984 §24.010; Ord. No. 868 §1, 3-9-2004; Ord. No. 07-957 §1, 4-16-2008; Ord. No. 12-08 §1, 8-24-2012]
The Board of Aldermen of the City of La Plata, Missouri, shall meet in regular session in the Council Chambers or the City Hall at 6:00 P.M. on the second (2nd) Tuesday of each month and the meeting place shall be posted upon the agenda at least twenty-four (24) hours before such meeting.
Section 110.200. Special Meetings. [CC 1984 §24.020]
- Special meetings may be called by the Mayor or by any two (2) members of the Board by written request filed with the City Clerk, who shall thereupon prepare a notice of such special meeting, stating time, place and object thereof, which notice shall be given as provided by Chapter 120 hereof. It shall also be the duty of the City Clerk, immediately upon receipt of the request for the meeting, to make diligent effort to notify each member of the Board in person, either by telephone or otherwise, of such special session.
- The City Clerk shall make a diligent effort to notify those members of the mass media who customarily attend meetings of the Board of Aldermen of the special session, in the same manner as described above.
- Special meetings may also be called by consent of a majority of the members of the Board of Aldermen in conformance with the provisions of Chapter 120 hereof.
Section 110.210. Quorum Must Be Present.
At the hour appointed, the Mayor, or in his/her absence the Acting President of the Board of Aldermen, shall call the Board to order, the Clerk shall call the roll of members and announce whether or not a quorum is present. Four (4) of the Aldermen shall constitute a quorum. If a quorum not be present, a smaller number may lawfully adjourn the meeting from day to day until a quorum is present.
Section 110.220. Compelling Attendance. [CC 1984 §24.040]
In case that a lesser number than a quorum shall convene at a regular or special meeting of the Board of Aldermen, the majority of the members present are authorized to direct the Chief of Police or other City Officer to send for and compel the attendance of any or all absent members upon such terms and conditions and at such time as such majority of the members present shall agree.
Section 110.230. Effect of Adjourned Meetings. [CC 1984 §24.045]
All adjourned meetings of the Board shall, to all intents and purposes, be continuations of the meetings of which they are adjournments, and the same proceedings may be had at such adjourned meetings as the meeting of which they are adjournments.
Section 110.240. Rules of Order. [CC 1984 §24.060]
Except as otherwise provided by law or ordinance the proceedings of the Board of Aldermen shall be controlled by Robert's Rules of Order, as revised.
Section 110.250. Decorum. [CC 1984 §24.070]
The Presiding Officer of the Board of Aldermen shall preserve decorum and shall decide all questions of order subject to appeal to the Board of Aldermen. Any member may appeal to the Board from a ruling of the Presiding Officer upon a question of order. If the motion for an appeal is seconded, the member making the appeal may briefly state his/her reason for the same and the Presiding Officer may briefly express his/her ruling, but there shall be no debate on the appeal and no other member shall participate in the discussion. The Presiding Officer shall then put the question to vote as to whether the decision of the chair shall be sustained. If a majority of the members present vote "aye", the ruling of the chair is sustained; otherwise, it is overruled.
Section 110.260. Voting. [CC 1984 §24.075]
Every member of the Board shall vote upon every question and when requested by any member the vote upon any question shall be taken by "ayes", "nays", or "abstention" and be recorded.
Section 110.270. Permission Required for Members to Leave Chamber. [CC 1984 §24.080]
No member of the Board of Aldermen may leave the Council chambers while in regular or special session without permission from the Presiding Officer.
Section 110.280. When Bills May Be Amended. [CC 1984 §24.140]
Any bill shall be subject to amendment until the vote upon final passage.
Section 110.290. Special Committees. [CC 1984 §24.160]
All special committees shall be appointed by the Mayor of the City unless otherwise ordered by a majority of the Board. By consent of a majority of the Board, a special committee may be appointed at any time to hold public hearings for the Board upon any matter pending before it. A "special committee" is a committee composed of members of the Board of Aldermen; the concurrence of the Board shall not be required as to the membership of the special committee, unless the Board shall order otherwise.
Section 110.300. Rules of Procedure. [CC 1984 §24.180]
The Board of Aldermen may by resolution prescribe and enforce such rules as it may find necessary for the expeditious transaction of its business, but such rules shall not contravene the requirement of this Code or other ordinance.
Section 110.310. Amendment or Suspension of Rules. [CC 1984 §24.200]
Any rule of the Board may be repealed, altered or amended by a majority vote of the members. Every amendment offered shall lie on the table until the next meeting of the Board before being voted upon except by the unanimous consent of all elected members of the Board of Aldermen (including the Mayor). Any rule may be suspended by a majority vote of the members of the Board, or quorum being present by unanimous consent.
Section 110.320. Proclamations, Meetings, Elections. [CC 1984 §21.220]
The Mayor shall have the power to issue proclamations, call mass meetings and regular and special elections in such a manner as this Code or other ordinances or State law may provide.