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Chapter 2
ADMINISTRATION*
Art. I. In General, §§ 2-1 – 2-15
Art. II. City Council, §§ 2-16 – 2-75
Div. 1. Generally, §§ 2-16 - 2-40
Div. 2. Procedure, §§ 2-41 – 2-55
Div. 3. Closed and Open Meetings, Records and Votes, §§ 2-56 - 2-75
Art. III Officers and Employees, §§ 2-76 – 2-288
Div. 1. Generally, §§ 2-76 – 2-100
Div. 2. Mayor, §§ 2-101 – 2-119
Div. 3. City Manager, §§ 2-120 – 2-140
Div. 4. City Clerk, §§ 2-141 – 2-160
Div. 5. City Attorney, §§ 2-161 – 2-185
Div. 6. City Counselor, §§ 2-186 – 2-288
Art. IV. Departments, §§ 2-289 – 2-390
Art. V. Boards, Commissions and Committees, §§ 2-391 – 2-500
Div. 1. Generally, §§ 2-391 – 2-410
Div. 2. Arts Advisory Board, §§ 2-411 – 2-500
Art. VI. Finance, §§ 2-501 – 2-563
Div. 1. Generally, §§ 2-501 – 2-520
Div. 2. City Depository, §§ 2-521 – 2-540
Div. 3. Trust Fund, §§ 2-541 – 2-559
Div. 4. Children’s Memorial Fund, §§ 2-560 – 2-563
Div. 5. Nancy Anderson Scholarship Fund, §§ 2-581 – 2-584
*Editor’s note – Warrensburg became a city of the third class under the laws of the state on March 5, 1889, and adopted the city manager form of government for third class cities on March 5, 1957, when the electorate of the city ratified ordinances of the city council which so provided.
Cross references – Any administrative ordinance of the city not in conflict or inconsistent with the provisions of this Code saved from repeal, § 1-8(9); any ordinance establishing the territorial boundaries of the city saved from repeal, § 1-8(9); administration and enforcement of electrical code, § 6-37; local organization for disaster planning, § 7-16 et seq.; court, Ch. 8; elections, Ch. 9; administration and enforcement for human rights, § 12-16 et seq.; offenses against public administration, § 14-21 et seq.; police, Ch. 17; administration and enforcement for traffic and motor vehicles generally, § 23-36 et seq.; administration of parking regulations, § 23-353; administration and enforcement of zoning regulations, § 27-26 et seq.; enumeration of ordinances saved from repeal pertaining to contracts and grievances, App. G; enumeration of ordinances saved from repeal pertaining to condemnation, appropriation of property, App.J.
State law references – Cities of the third class generally, RSMo Ch 77; city manager form of government for third class cities, RSMo. 78.430 et seq.
ARTICLE I. IN GENERAL
Sec. 2-1. Disclosure of conflicts of interest and substantial interests; procedure.
(a) Declaration of policy. The proper operation of municipal government requires that public officials and employees be independent, impartial and responsible; 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 have confidence in the integrity of its government. In recognition of these goals, there is hereby established a public policy requiring disclosure by certain officials and employees of private financial or other interests in matters affecting the city.
(b) Conflicts of interest. 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.
(c) Disclosure reports. Each elected official, the city manager and the general counsel (if employed full-time) shall disclose the following information by May 1 if any such transactions were engaged in during the previous calendar year:
(1) For such a person, and all persons within the first degree of consanguinity or affinity of such person, the date and the identities of the parties to each transaction with a total value in excess of five hundred dollars ($500.00), if any, that such person had within the political subdivision, other than compensation received as an employee or payment of any tax, fee or penalty due to the political subdivision, and other than transfers for no consideration to the political subdivision; and
(2) The date and the identities of the parties of each transaction known to the person with a total value in excess of five hundred dollars ($500.00), in any, that any business entity in which such person had a substantial interest, had with the political subdivision, other than payment of any tax, fee or penalty due to the political subdivision or transaction involving payment for providing utility service to the political subdivision, and other than transfers for no consideration to the political subdivision.
(3) The city manager also shall disclose by May 1 for the previous calendar year the following information:
a. The name and address of each of the employers of such person from whom income of one thousand dollars ($1000.00) or more was received during the year covered by the statement;
b. The name and address of each proprietorship that he owned; the name, address and the general nature of the business conducted of each general partnership and joint venture in which he was a partner or co-participant for each partnership or joint venture unless such names and addresses are filed by the partnership or joint venture with the secretary of state; the name, address and general nature of the business conducted of any closely held corporation or limited partnership in which the person owned ten (10) percent or more of any class of the outstanding stock or limited partnership units; and the nature of any publicly traded corporation or limited partnership that is listed on a regulated stock exchange or automated quotation system in which the person owned two (2) percent or more of any class of outstanding stock, limited partnership units or other equity interests;
c. The name and address of each corporation for which such person served in the capacity of a director, officer or receiver.
(d) Filing of reports. The reports shall be filed with the city clerk and with the ethics commission prior January 1 each year. The reports shall be available for public inspection and copying during normal business hours.
(e) When filed. The financial interest statements shall be filed at the following times, but no person is required to file more than one (1) financial interest statement in any calendar year:
(1) Each person appointed to office shall file the statement within thirty (30) days of such appointment or employment;
(2) Every other person required to file a financial interest statement shall file the statement annually not later than May 1 and the statement shall cover the calendar year ending the immediate preceding December 31; provided that any member of the city council may supplement the financial interest statement to report additional interests acquired after December 31 of the covered year until the date of the financial interest statement.
(Ord. No. 2866, §§ 1-5, 8-9-93; Ord. No. 3063, §§ 1-5, 8-14-95; Ord. No. 3162, §§ 1-5, 7-22-96; Ord. No. 3356, §§ 1-5, 8-10-99; Ord. No. 3740, §§ 1-5, 8-26-02; Ord. No. 3917, §§ 1-5, 6-28-04)
Editor’s note – Ord. No. 2866, adopted Aug. 9, 1993, did not specifically amend this Code; hence codification of §§ 1-5 of said ordinance as § 2-1 herein was at the editor’s discretion.
Secs. 2-2 - 2-15. Reserved.
ARTICLE II. CITY COUNCIL*
DIVISION 1. GENERALLY
Sec. 2-16. Composition.
The city council shall consist of five (5) members.
(Code 1970, §§ 2-21, 8-5)
Cross reference – Statement of candidacy for election to office of councilman, §§ 9-27, 9-28.
State law reference – Similar provisions, RSMo 78.460.
*Cross reference – Any ordinance adopted in an executive session or closed meeting of the city council saved from repeal, § 1-8(24).
State law references – City council generally, RSMo 77.060 et seq.; recall of elected officials, RSMo 77.650 et seq.; city council under city manager form of government in third class cities, RSMo 78.460, 78.560 – 78.590.
Sec. 2-17. Qualifications.
No person shall be councilman unless he is at least twenty-one (21) years of age prior to taking office, a citizen of the United States, and an inhabitant of the city for one (1) year next preceding his election, or who shall be at the time of his election, in arrears for any unpaid city taxes, or forfeiture or defalcation in office.
(Code 1970, § 2-22)
State law reference – Similar provisions, RSMo 77.060, 77.380.
Sec. 2-18. Terms.
Each member of the city council shall be elected to serve for a term of three (3) years and shall hold office until a successor is duly elected and qualified. No person shall be eligible to serve more than two (2) consecutive terms of office to which they were elected. The time served as a council member, appointed for the remaining term of office of a council member who dies or resigns, shall not be considered in determining eligibility under this section.
(Code 1970, §§ 2-23, 8-5; Ord. No. 2958, § 1, 8-22-94)
State law reference – Similar provisions, RSMo 77.040, 78.460.
Sec. 2-19. Manner of election.
All councilmen shall be elected at large, but for voting purposes, the council shall divide the city into voting precincts.
(Code 1970, §§ 2-25, 8-5)
Cross reference – Elections generally, Ch. 9.
State law reference – Similar provisions, RSMo 78.460.
Sec. 2-20. Commencement of term.
Persons elected to the office of councilmen shall qualify and their terms of office shall begin on the first regular meeting of the city council after their election.
(Code 1970, § 2-26)
Sec. 2-20.1. Oath
Every councilman, before entering upon the duties of his office, shall take and subscribe to an oath or affirmation before some court of record in the county, or the city clerk, that he possess all the qualifications prescribed for his office by law; that he will support the constitutions of the United States and of the state, the provisions of laws of the state affecting cities of the third class, and this Code and all other ordinances of the city, and faithfully demean himself while in office; which official oath or affirmation shall be filed with the city clerk.
State law reference – Similar provisions, RSMo 77.390.
Sec. 2-21. - Grant of powers generally.
Except as herein otherwise provided, the city council shall have all the powers now or hereafter given thereto or to the mayor and city council jointly, under the law by which the city was governed under its former organization; and shall have such power over and control of the administration of the city government as is therein provided.
(Code 1970, § 2-30)
State law reference - Similar provisions, RSMo 78.570(1).
Sec. 2-22. - Selection of officers
The city council shall at the time of organizing elect (1) of its members as mayor and another as chairman pro tem for a term of one (1) year. If the members of the city council, within five (5) days after the time herein fixed for their organization meeting, are unable to agree upon a mayor or a chairman pro tem, of such council, then a mayor or chairman pro tem, or both, as the occasion may require, shall be selected from all the members of such council by lot and a record thereof shall be made upon the journal of the council.
(Code 1970, § 2-27)
State law reference - Similar provisions, RSMo 78.560(1).
Sec. 2-23. - Office space.
The city council shall provide office rooms at the city hall or some other convenient and suitable place in the city for the transaction of the business of the city and for the convenience of its officers.
(Code 1970, § 2-6)
State law reference - Similar provisions, RSMo 78.570(2).
Sec. 2-24. - Power to compel attendance of witnesses.
The city 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 the power to call on the proper officer of the city or of the county 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.
(Code 1970, § 2-32)
State law reference - Similar provisions, RSMo 77.100.
Sec. 2-25. Duty to pass ordinances.
It shall be the duty of the city council to pass all ordinances and other measurements conducive to the welfare of the city and to the proper carrying out of the provisions of this Code.
(Code 1970, § 2-44)
State law reference - Similar provisions, RSMo 78.570(2).
Sec. 2-26. - Journal of proceedings to be kept.
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 every vote taken thereby. The council may prescribe and enforce such rules as may be necessary to secure the attendance of its members and the expeditious transactions of its business.
(Code 1970, § 2-31)
State law reference – Similar provisions, RSMo 77.090, 78.580.
Sec. 2-27. Resignation of councilmen.
Resignation of any councilman shall be in writing and directed to the council.
(Code 1970, § 2-35)
Sec. 2-28. Vacancies.
Should a vacancy occur in the office of councilman by death, resignation or otherwise, the city council shall select a successor who shall serve until the next regular election.
(Code 1970, §§ 2-24, 8-18; Ord. No. 2001, § 2, 12-8-80)
State law reference – Similar provisions, RSMo 77.450, 78.460.
Secs. 2-29 – 2-40. Reserved
DIVISION 2. PROCEDURE*
Sec. 2-41. Meetings
(a) Regular meetings of the city council shall be held on the second Monday of each month in the council chambers of the city hall building and shall be convened at 7:30p.m.; provided, however, that when such day shall fall upon a legal holiday the regular meeting shall be held upon the following day.
(b) Special meetings may be called by the mayor at his or her own instance or upon written application of
two (2) members of the council, or upon motion passed by a majority of the council.
(c) The city council may adjourn any meeting to such future day, time and place, as may be deemed necessary by the council.
(Ord. No. 3939, §§ 1, 2, 8-30-04)
Sec. 2-42. Quorum.
Three (3) members of the city council shall constitute a quorum to do business.
(Ord. No. 3939, §§ 1, 2, 8-30-04)
*Editor’s note – Ord. No. 3939, §§ 1,2, adopted Aug. 30, 2004, amended Div. 2 in its entirety to read as herein set out. Former Div. 2, §§ 2-41 – 2-52; pertained to similar subject matter and derived from Code 1970, §§ 1-10, 2-28,2-29,2-41,2-42(1) –(4), 2-43, 2-45, 2-47 – 2.54; Ord. No. 2366, §§ 1,2, adopted Sept. 28, 1987; Ord. No. 2435, § 2, adopted Aug. 22, 1988; Ord. No. 3441, § 2, adopted May 24, 1999; Ord. No. 3442, § 2, adopted May 24, 1999.
Sec. 2-43. Rules of order.
(a) All proceedings of the city council shall be conducted in an orderly fashion. Each meeting, regular or special, shall be conducted in the following order:
(1) Call to order;
(2) Roll call;
(3) Minutes of prior meeting or meetings (at special meetings the reading of minutes may be waived);
(4) Consideration of agenda;
(5) Meeting continues in accordance with the agenda.
(b) Prior to each council meeting, a “tentative agenda” shall be prepared by the city manager and city clerk. At the meeting the tentative agenda shall be presented as provided in subsection (a) and when approved, shall be followed throughout the balance of the meeting.
(c) Whenever in the conduct of the business of the city council any motion is stated, the same shall be immediately recorded and reduced to writing, no second shall be required, and once made it is before the council for action. Before calling for a vote thereon the motion shall be read and on motions the council need not vote individually, however, any member may request a roll call vote on any motion.
(d) Upon every vote of the city council, the yeas and nays shall be called and recorded, and every motion, resolution and ordinance shall be reduced to writing before the vote is taken thereon.
(e) Upon passage or adoption of any resolution or bill, the same shall be signed by the mayor, or in his or her absence by the chairperson pro tem or by two (2) members of the council before the same shall be in force.
(Ord. No. 3939, §§ 1, 2, 8-30-04)
Sec. 2-44. How questions stated.
No question shall be stated by the chair unless first moved nor shall be open for consideration or discussion until stated by the presiding offer of the city council.
(Ord. No. 3939, §§ 1, 2, 8-30-04)
Sec. 2-45. Interruption of debate restricted.
When a question is under debate, no motion shall be in order, except to adjourn, lay on the table, the previous question, to postpone, to refer or amend; which several motions shall have precedence in the order in which they are arranged in this section.
(Ord. No. 3939, §§ 1, 2, 8-30-04)
Sec. 2-46. Members must vote.
When a question is put by the residing officer, each member of the city council shall vote, unless the council for special reasons shall excuse him or her.
(Ord. No. 3939, §§ 1, 2, 8-30-04)
Sec. 2-47. When councilman shall not vote.
No member of the city council shall be permitted to vote upon any question, or shall vote for or against the allowance of any claim or the passage of any bill in which such member or members are directly or indirectly financially interested.
(Ord. No. 3939, §§ 1, 2, 8-30-04)
Sec. 2-48. Minimum vote on action.
No action of the city council shall be valid unless at least three (3) members shall vote in favor of such action.
(Ord. No. 3939, §§ 1, 2, 8-30-04)
Sec. 2-49. Procedures for passage of ordinances.
(a) Every proposed ordinance shall be introduced as a bill. Each bill shall contain a title which generally describes its content. The style of the bill shall be: “Be it ordained by the city council as follows:”.
(b) Each bill shall be read by title, or in its entirety, two (2) times prior to passage. If the bill is read by title only, copies of the bill shall be made available for public inspection prior to consideration by the council.
(c) Both readings of the bill may occur at a single meeting of the council if all council members present consent.
(d) No bill shall become an ordinance unless following its final reading a majority of the members elected to the council shall vote in favor of its passage and the yeas and nays shall be recorded in the minutes.
(e) No bill shall become an ordinance until it shall have been signed by the officer presiding at the meeting of the council at which it shall have been passed. Once so signed, the city clerk shall assign the bill an ordinance number.
(Ord. No. 3939, §§ 1,2,8-30-04)
Sec. 2-50. Recording of ordinances by city clerk.
All ordinances passed by the city council shall be recorded by the city clerk in a proper book with indexes. The originals shall be filed in the city clerk’s office.
(Ord. No. 3939, §§ 1, 2, 8-30-04)
Sec. 2-51 – 2-55. Reserved.
DIVISION 3. CLOSED AND OPEN MEETINGS, RECORDS AND VOTES*
Sec. 2-56. Definitions.
Any used in this division, unless the context otherwise indicates, the following terms shall have the meanings respectively ascribed to them:
Closed meeting, closed record or closed vote: Any meeting, record or vote closed to the public.
Public governmental body: Any legislative or administrative governmental entity constituting a part of the City of Warrensburg created by the Constitution or statutes of this state, by order or ordinance of any political subdivision or district or by executive order, including any body, agency, board, bureau, commission, committee, or any court or of any municipal government, any other legislative or administrative governmental deliberative body under the direction of three (3) or more elected or appointed members having rule making or quasi-judicial power, any committee appointed by or under the direction or authority of any of the above-named entities and which is authorized to report to any of the above-named entities, and any “quasi-public governmental body. The term “quasi-public governmental body” means any corporation organized or authorized to do business in this state under the provisions of RSMo Chs. 352, 353 or 355, or unincorporated association which either:
(1) Performs a public function as evidenced by a statutorily based capacity to confer or otherwise advance, through approval, recommendation, or other means the allocation or issuance of tax credits, tax abatement public debt, tax-exempt debt, right of eminent domain, or the contracting of leaseback agreements on structures whose annualized payments commit public tax revenues; or any association that directly accepts the appropriation of money from a public governmental body, but only to the extent that a meeting, record, or vote relates to such appropriation; or
(2) Has as its primary purpose to enter into contracts with public governmental bodies or to engage primarily in activities carried out pursuant to an agreement or agreements with public governmental bodies.
Editor’s note – Ord. No. 3939, § 2, adopted Aug. 30, 2004, set out provisions intended for use as Div. 3, §§ 2-51 – 2-60. To allow for reserved sections, and at the editor’s discretion, these provisions have been included as §§ 2-56 – 2-65.
Public meeting: Any meeting of a public governmental body subject to RSMo 610.010 to 610.030 at which any public business is discussed, decided, or public policy formulated whether such meeting is conducted in person or by means of communication equipment, including but not limited to conference call, video conference, Internet chat, or Internet message board. The term “public meeting” shall not include an informal gathering of members of a public governmental body for ministerial or social purposes when there is no intent to avoid the purposes of state law but the term shall include a public vote of all or a majority of the members of a public governmental body, by electronic communication or any other means, conducted in lieu of holding a public meeting with the members of the public governmental body gathering at one (1) location in order to conduct public business.
Public record: Any record pertaining to or of any public governmental body including any report, survey, memorandum or other document or study prepared for the public governmental body by a consultant or other professional service paid for in whole or in part by public funds, including records created or maintained by a private contractor under an agreement with the public governmental body or on behalf of the public governmental body. The term “public record” shall not include any internal memorandum or letter received or prepared by or on behalf of a member of a public governmental body consisting of advice, opinions and recommendations in connection with the deliberative decision making process of said body, unless such records are retained by the public governmental body or presented at a public meeting. Any document or study prepared for a public governmental body by a consultant or other professional service as described herein shall be retained by the public governmental body in the same manner as any other public record.
Public vote: Any vote cast at any public meeting of any public governmental body, whether conducted in person, by telephone, or any other electronic means.
(Ord. No. 3939, § 2, 8-30-04)
Sec. 2-57. Notice of meetings.
(a) The public governmental body shall give notice of the time, date and place of each meeting, and its tentative agenda, in a manner reasonably calculated to advise the public of the matters to be considered and if the meeting will be conducted by telephone or other electronic means, the notice of the meeting shall identify the mode by which the meeting will be conducted and the designated location where the public may observe and attend the meeting. If a public body plans to meet by Internet chat, Internet message board, or other computer link, it shall post a notice of the meeting on its website in addition to its principal office and shall notify the public of how to access that meeting. Reasonable notice shall include making available copies of the notice to any representative of the news media who requests notice of meetings of the public governmental body and posting the notice on a bulletin board or other prominent place which is easily accessible to the public and clearly designated for that purpose at city hall.
(b) Notice conforming with all of the requirements of subsection (a) above shall be given at least twenty-four (24) hours, exclusive of weekends and holidays when the facility is closed, prior to the commencement of any meeting of the public governmental body unless for good cause such notice is impossible or impractical, in which case as much notice as is reasonably possible shall be given. Each meeting shall be held at a place reasonably accessible to the public and of sufficient size to accommodate the anticipated attendance by members of the public, and at a time reasonably convenient to the public, unless for good cause such a place or time is impossible or impractical. Every reasonable effort shall be made to grant special access to the meeting to handicapped or disabled individuals.
(c) When it is necessary to hold a meeting on less than twenty-four (24) hours’ notice, or at a place that is not reasonably accessible to the public, or at a time that is not reasonably convenient to the public, the nature of the good cause justifying that departure from the normal requirements shall be stated in the minutes.
(d) A formally constituted subunit of the city council may conduct a meeting without notice as required by this section during a lawful meeting of the city council, a recess in that meeting, or immediately following that meeting, if the meeting of the subunit is publicly announced at the city council meeting and the subject of the meeting reasonably coincides with the subjects discussed or acted upon by the city council.
(e) If another provision of law requires a manner of giving specific notice of a meeting, hearing or an intent to take action by the public governmental body, compliance with that section shall constitute compliance with the notice requirements of this section.
(f) A journal or minutes of open and closed meetings shall be taken by an officer of the public governmental body and retained by the city clerk including, but not limited to, a record of any votes taken at such meeting. The minutes shall include the date, time, members present, members absent and a record of any votes taken.
(Ord. No. 3939, § 2, 8-30-04)
Sec. 2-58. Votes; procedure.
Except as provided in section 2-54 and as otherwise provided by law, all votes shall be recorded, and if a roll call is taken, as to attribute each “yea” and “nay” vote, or abstinence if not voting, to the name of the individual member of the public governmental body. Any votes taken during a closed meeting shall be taken by roll call. All public meetings shall be open to the public and public votes and public records shall be open to the public for inspection and duplication. All votes taken by roll call in meetings of a public governmental body consisting of members who are all elected, except for any committee established by a public governmental body who are physically present and in attendance at the meeting. When it is necessary to take votes by roll call in a meeting of the public governmental body, due to an emergency of the public body, with a quorum of the members of the public body physically present and in attendance and less than a quorum of the members of the governmental body participating via telephone, facsimile, Internet, or any other voice or electronic means, the nature of the emergency of the public body justifying that departure from the normal requirements shall be stated in the minutes. Where such emergency exists, the votes taken shall be regarded as if all members were physically present and in attendance at the meeting.
(Ord. No. 3939, § 2, 8-30-04)
Sec. 2-59. Closed meetings.
(a) Except to the extent disclosure is otherwise required by law, the public governmental body or any subunit of the city is authorized to close meetings, records and votes, to the extent they relate to the following:
(1) Legal actions, causes of action or litigation involving the city and any confidential or privileged communications between the city or its representatives and its attorneys. However, any minutes, vote or settlement agreement relating to legal actions, causes of action or litigation involving the city or any agent or entity representing its interests or acting on its behalf or with its authority, including any insurance company acting on behalf of the city as its insured, shall be made public upon final disposition of the matter voted upon or upon the signing by the parties of the settlement agreement, unless prior to a final disposition, the settlement agreement is ordered closed by a court after a written finding that the adverse impact to a plaintiff or plaintiffs to the action clearly outweighs the public policy considerations of RSMo 610.011, however, the amount of any moneys paid by, or on behalf of, the city shall be disclosed; provided, however, in matters involving the exercise of the power of eminent domain, the vote shall be announced or become public immediately following the action on the motion to authorize institution of such a legal action. Legal work product shall be considered a closed record;
(2) Leasing, purchasing or sale of real estate by the city where public knowledge of the transaction might adversely affect the legal consideration therefor. However, any minutes, vote or public record approving a contract relating to the leasing, purchase or sale of real estate by the city shall be made public upon execution of the lease, purchase or sale of the real estate;
(3) Hiring, firing, disciplining or promoting of particular employees by the city when personal information about the employee is discussed or recorded. However, any vote on a final decision, when taken by the city to hire, fire, promote or discipline an employee of the city shall be made available with a record of how each member voted to the public within seventy-two (72) hours of the close of the meeting where such action occurs; provided, however, that any employee so affected shall be entitled to prompt notice of such decision during the seventy-two-hour period before such decision is made available to the public. As used in this subdivision, the term “personal information” means information relating to the performance or merit of individual employees;
(4) Any and all other matters as otherwise provided by RSMo Ch. 610 and as the same is amended from time to time, that may be closed;
(5) Preparation, including any discussions or work product, on behalf of the city or its representatives for negotiations with employee groups;
(6) Software codes for electronic data processing and documentation thereof;
(7) Specifications for competitive bidding, until either the specifications are officially approved by the city or the specifications are published for bid;
(8) Sealed bids and related documents, until the bids are opened; and sealed proposals and related documents or any documents related to a negotiated contract until a contract is executed, or all proposals are rejected;
(9) Individually identifiable personnel records, performance ratings or records pertaining to employees or applicants for employment, except that this exemption shall not apply to the names, positions, salaries and lengths of service of officers and employees of public agencies once they are employed a such;
(10)Records which are protected from disclosure by law;
(11)Meetings and public records relating to scientific and technological innovations in which the owner has a proprietary interest;
(12)Records relating to municipal hotlines established for the reporting of abuse and wrongdoing;
(13)Confidential or privileged communications between the city and its auditor, including all auditor work product, however, all final audit reports issued by the auditor are to be considered open records pursuant to this chapter;
(14)Operational guidelines and policies developed, adopted, or maintained by any public agency responsible for law enforcement, public safety, first response, or public health for use in responding to or preventing any critical incident which is or appears to be terrorist in nature and which has the potential to endanger individual or public safety or health. Nothing in this exception shall be deemed to close information regarding expenditures, purchases, or contracts made by an agency in implementing these guidelines or policies. When seeking to close information pursuant to this exception, the agency shall affirmatively state in writing that disclosure would impair its ability to protect the safety or health of persons, and shall in the same writing state that the public interest in nondisclosure outweighs the public interest in disclosure of the records. This exception shall sunset on December 31, 2008.
(15) Existing of proposed security systems and structural plans of real property owned or leased by a public governmental body, and information that is voluntarily submitted by a nonpublic entity owning or operating an infrastructure to any public governmental body for use by that body to devise plans for protection of that infrastructure, the public disclosure of which would threaten public safety;
a. Records related to the procurement of or expenditures relating to security systems purchased with public funds shall be open;
b. When seeking to close information pursuant to the exception, the public governmental body shall affirmatively state in writing that disclosure would impair the public governmental body’s ability to protect the security or safety of persons or real property, and shall in the same writing state that the public interest in nondisclosure outweighs the public interest in disclosure of the records;
c. Records that are voluntarily submitted by a nonpublic entity shall be reviewed by the receiving agency within ninety (90) days of submission to determine if retention of the document is necessary in furtherance of a state security interest. If retention is not necessary, the documents shall be returned to the nonpublic governmental body or destroyed;
d. This exception shall sunset on December 31, 2008;
(16) Records that identify the configuration of components or the operation of a computer, computer systems, computer network, or telecommunications network, and would allow unauthorized access to or unlawful disruption of a computer, computer system, computer network, or telecommunications network of a public governmental body. This exception shall not be sued to limit or deny access to otherwise public records in a file, document, data file or database containing public records. Records related to the procurement of or expenditures relating to such computer, computer system, computer network or telecommunications network,
including the amount of moneys paid by, or on behalf of, a public governmental body for such computer, computer system, computer network, or telecommunications network shall be open [except to the extent provided in this section]; and
(17) Credit card numbers, personal identification numbers, digital certificates, physical and virtual keys, access codes or authorization codes that are used to protect the security of electronic transactions between a public governmental body and a person or entity doing business with a public governmental body. Nothing in this section shall be deemed to close the record of a person or entity using a credit card held in the name of a public governmental body or any record of a transaction made by a person using a credit card or other method of payment for which reimbursement is made by a public governmental body.
(b)Except as set forth in subsection (c) below, no meeting or vote may be closed without an affirmative public vote the majority of a quorum of the public governmental body. The vote of each member of the public governmental body on the question for closing a public meeting or vote and the specific reason for closing that public meeting or vote by reference to a specific section of this chapter shall be announced publicly at an open meeting of the public governmental body and entered into the minutes.
(c)When the public governmental body proposes to hold a closed meeting or vote, notice shall be given of the time, date and place of such closed meeting or vote and the reason for holding it by reference to the specific exception allowed pursuant to the provisions of RSMo 610.021. Such notice shall comply with the procedures set forth in section 2-57 for notice of a public hearing.
(d)Any meeting or vote closed pursuant to this section shall be closed only to the extent necessary for the specific reason announced to justify the closed meeting or vote. No business shall be discussed in a closed meeting, record or vote which does not directly relate to the specific reason announced to justify the closed meeting or vote.
(e)Nothing in this section shall be construed as to require a closed meeting, record or vote to discuss or act upon any matter.
(f)Public records shall be presumed to be open unless otherwise exempt pursuant to the provisions of RSMo Ch.610 and this chapter.
(g)All votes taken in closed session shall be by roll call vote.
(Ord.No.3939, § 2,8-30-04)
Sec. 2-60. Closed meetings and records.
All records that may be closed are hereby deemed closed records, unless the governmental body votes to make them public. Before closing a meeting or vote to the public, a majority of a quorum of the governmental body must vote to so in a public vote.
(Ord.No.3939,§2,8-30-04)
Sec.2-61. Recording of meetings.
A public body shall allow for the recording by audiotape, videotape, or other electronic means of any open meeting. A public body may establish guidelines regarding the manner in which such recording is conducted so as to minimize disruption to the meeting. No audio recording of any meeting, record, or vote closed pursuant to the provisions of section 2-59 shall be permitted without permission of the public body; any person who violates this provision shall be guilty of an ordinance violation punishable under this Code.
(Ord.No. 3939,§2,8-30-04)
Sec.2-62 Custodian appointed.
The city clerk is hereby appointed as the custodian of records and is to be responsible for the maintenance of all records of the city and all records of the city’s public governmental bodies. The custodian is authorized to appoint assistant custodians to aid in the performance of the custodian’s duties, as established by state law, city ordinance and city policies which govern access to, and maintenance of, public records, meetings or votes. If a request for access is denied, the custodian shall provide upon request, a written statement of the grounds for such denial. Such statement shall cite the specific provision of law under which access is denied and shall be furnished to the requester no later than the end of the third business day following the date that the request for the statement is received.
(Ord.No.3939, § 2, 8-30-04)
Sec. 2-63. Minutes
A journal or minutes of open and closed meetings shall be taken and retained by the public governmental body, including, but not limited to a record of any votes taken at such meeting. The minutes shall include the date, time, place, members present, members absent and a record of any votes taken. When a roll call vote is taken, the minutes shall attribute each “yea” and “nay” vote or abstinence if not voting to the name of the individual member of the public governmental body.
(Ord. No.3939, 2,8-30-04)
Sec.2-64. Providing access to or copies of public records.
Should a person authorized by state law to obtain access to city records request access to or photocopies of public records, there is hereby established a search and photocopying fee not to exceed ten cents ($.10) per page or such amount as may be set by RSMo. Ch. 610 and as the same may be amended, for paper not larger than nine (9) by fourteen (14) inches, with an hourly fee for staff time not to exceed the average hourly rate of pay for clerical staff of the public governmental body. Research time required to respond may be charged at actual
costs. Fees for providing access to public records maintained on computer facilities, tapes, disks, films, pictures, maps, slides, graphics, illustration, or other media or devices and for paper copies larger than nine (9) by fourteen (14) inches, shall include the actual cost of the copies and staff time not to exceed the average hourly rate of pay for staff required to make the copies. Payment of copying fees may be requested in advance.
Each request to inspect or for a copy of a public record shall be acted upon as soon as possible, but in no event later than the end of the third business day following the date the request is received by the custodian of records. If records are requested in a certain format, the public governmental body shall provide the records in the requested format, if such format is available. If access to the public records cannot be granted by the end of the third business day, the custodian of records shall give a detailed explanation for the delay and the earliest time and date that the record will be available for inspection or copying.
(Ord. No. 3939, §2, 8-30-04)
Sec. 2-65. Electronic messages.
Any member of a public governmental body who transmits any message relating to public business by electronic means shall also concurrently transmit that message to either the member’s public office computer or the custodian of records in the same format. The provisions of this section shall only apply to messages sent to two (2) or more members of that body so that, when counting the sender, a majority of the body’s members are copied. Any such message received by the custodian or at the member’s office computer shall be a public record subject to the exceptions for closure authorized by law.
(Ord.No. 3939, § 2, 8-30-04)
Secs 2-66 2-75. Reserved.
ARTICLE III. OFFICERS AND EMPLOYEES*
DIVISION I. GENERALLY
Sec. 2-76. Definition.
The term “officer,” whenever used in this Code or any other ordinance of the city, 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. No. 2031, § 1,6-8-81)
State law reference-similar provisions, RSMo 77.400.
Sec.2-77. Appointment of officers, employees.
(a) The city council shall appoint a city manager, a city clerk, city assessor and city treasurer; the offices of city clerk and city assessor may be filled by one (1) person. All other officers and employees of the city shall be appointed by the city manager, and the city council shall have power to make rules and regulations governing the same.
(b) The city council shall provide for all offices and positions in addition to those specified in this Code
which may become necessary for the proper carrying on of the work of the city.
*Cross references-Any ordinances pertaining to personnel policy for city officers and employees saved from repeal, § 1-8 (6); any ordinance of the city adopting or providing for social security, retirement and pension funds and plans, insurance coverage and other benefits for officers and employees of the city saved from repeal, § 1-8 (7); any ordinance fixing salaries for officers or employees of the city saved from repeal, §1-8 (10);
animal control officer to enforce dog and cat regulations, § 5-41; appointment of coordinator of local organization disaster planning, § 7-19;clerk of municipal court, § 8-4; municipal judge,§ 8-21 et seq.; temporary municipal judge, § 8-24; provisions pertaining to fire chief, § 10-16 et seq.; provisions relating to chief of police, § 17-16 et seq.; city traffic engineer, §23-39.
State law reference-Officers generally, RSMo 77.370 et seq.; regulation of duties of officers by ordinance, RSMo 77.480;recall of elected officials, RSMo77.650 et seq.
(Code 1970, §§ 2-1, 2-4)
State law reference-Similar provisions, RSMo 78.570(2)78.600.
Sec. 2-78. Qualifications of officers generally.
All officers elected or appointed to offices under the city government shall be qualified voters under the law and constitution of the state and except for appointed police officers and other employees having only ministerial duties, must be residents of the city. No person shall be elected or appointed to any office who shall at the time be in arrears for an unpaid city taxes, or forfeiture or defalcation in office.
(Code 1970, § 2-12)
State law reference
Similar provisions, RSMo 77.380
Sec. 2-79 Oath.
Every officer of the city and his assistants, before entering upon the duties of his office, shall take and subscribe to an oath or affirmation before some court of record in the county, or the city.
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