Article III

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The Mayor and Council

Section 3.1 Powers vested.

All powers of the city shall be vested in the council unless specifically provided otherwise in this charter. The council shall provide for the exercise of these powers and for the performance of all duties and obligations imposed on the city by law.

Section 3.2. Composition, eligibility, election and terms.

(a) Council members.

The city council shall consist of seven
members; a Mayor and six Council Members.

(b) Eligibility.

Only registered voters of this city shall be eligible
to be elected as Council Members.

(c) Election, terms and limitations.

(i) The Council Members shall be nominated and elected at large by the qualified voters of this city.

(ii) At each regular election of the city after the first election held under the charter, Council Members shall be elected to fill the positions of those whose terms expire and shall be elected for four-year terms. However, in the event a Council Member is being elected to replace a Council Member who vacated office prior to the expiration of such Council Member's term, the elected Council Member shall serve for the remainder of the un-expired term. If in the same election Council Members are to be elected to serve full terms and Council Members are to be elected to serve un-expired terms, the person elected who receives the least number of votes shall serve the un-expired term. If more than one Council Member is to be elected to un-expired terms at such election, then such terms shall be filled in order, with the person elected receiving the least number of votes to serve the shortest term, the person receiving the next least number of votes the next longest term, until all un-expired terms are filled.

(iii) There shall be no limit to the number of terms a Council Member may serve on the city council, provided however, that no person shall be eligible to be elected to more than two consecutive four-year terms as a Council Member.

(d) Compensation and expenses.

(i) Those persons initially elected Council Members under this charter shall each receive as compensation the sum of Two Hundred Dollars ($200.00) per month. This provision shall remain in effect unless otherwise changed by ordinance as provided herein.

(ii) After the first council election hereunder, the council may from time to time determine the compensation of Council Members by ordinance, but no increase in such compensation shall become effective until the commencement of the terms of Council Members elected at the next regular city election held at least six months after the approval of such ordinance and provided that the compensation of any Council Member shall not be increased during the term of office of such Council Member.

(iii) In addition to their compensation, Council Members may receive reimbursement for their actual and necessary expenses incurred in the fulfillment of their office, provided that such expenses are supported by appropriate documentation.

Section 3.3. Mayor.

(a) Eligibility.

Only registered voters of the city shall be eligible to be elected to the office of Mayor.

(b) Election and term.

The Mayor shall be elected at regular elections of the city for a term of four years.

(c) Member of council.

The Mayor shall be a voting member of the city council.

(d) Limitation on terms.

There shall be no limit to the number of times a person may serve as Mayor; provided, however, that no person shall be eligible to be elected to more than two consecutive four-year terms as Mayor.

(e) Compensation and expenses.

(i) The first Mayor elected hereunder shall receive as compensation the sum of Three Hundred Dollars ($300.00) per month. This provision shall remain in effect unless otherwise changed by ordinance as provided herein.

(ii) After the first council election hereunder, the council may from time to time determine the compensation of the Mayor by ordinance, but no increase in such compensation shall become effective until the commencement of the term of the Mayor elected at the next regular city election held at least six months after the approval of such ordinance.

(iii) In addition to compensation, the Mayor may receive reimbursement for actual and necessary expenses incurred in the fulfillment of that office, provided that such expenses are supported by appropriate documentation.

(f) Additional duties.

In addition to being a member of the city council the Mayor shall:

(i) Preside as chairman of meetings of the city council;

(ii) Call special meetings of the city council as provided by the charter;

(iii) Be deemed the head of city government for legal, ceremonial and military purposes;

(iv) Execute all bills, resolutions, contracts and documents on behalf of the city;

(v) Preside as chairman of the council review of the performance of the Chief Administrative Officer as provided in section 4.1 (b);

(vi) Place in nomination for consideration of the city council nominees for the positions of the City Attorney, Municipal Judge, City Clerk and members of all boards, commissions and committees of the city. The council by ordinance may also provide for such nominations to be made by its other members;

(vii) Have the authority to request written reports and opinions from the City Attorney. The council by ordinance or resolution may also provide that written reports or opinions may be requested by its other members, by the council as a whole or by designated city employees;

(viii) Have the authority to request written reports and recommendations from the presiding officer of each board, commission and committee of the city under the jurisdiction of the city council, with the advice and consent of the city council;

(ix) Appoint the Provisional Municipal Judge as provided by the charter

(g) Deputy mayor.

The city council shall elect from its members a deputy mayor who shall act as Mayor in the event the office of Mayor becomes vacant or in the event the Mayor shall be unable to perform due to absence or disability.

Section 3.4. Prohibitions.

(a) Holding other office.

Except where otherwise authorized by law or pursuant to an agreement between the city and another governmental entity, no member of the city council shall hold any other city office or employment while serving as a member of the city council. No former member of the city council shall hold any compensated, appointed city office or employment until one year after the expiration of the term for which such member was elected.

(b) Appointments and removals.

The city council and its members shall not direct the employment or removal of any city employee or officer who is employed or appointed under the authority of the Chief Administrative Officer. Members of the council may express their views to the Chief Administrative Officer regarding any matter pertaining to city employees or officers.

(c) Interference with administration prohibited.

The council and its members shall only deal with city employees and officers who are under the direction and supervision of the Chief Administrative Officer through the Chief Administrative Officer. The council and its members shall not give orders to such city employees or officers publicly or privately. Any violation of this prohibition shall be deemed a violation of an express prohibition of this charter as set forth in Section 3.5(b) (ii).

Section 3.5. Vacancies, forfeiture of office, filling of vacancies.

(a) Vacancies.

The office of a Council Member or the Mayor shall become vacant upon death, resignation, removal from office in a manner authorized by law, or forfeiture of office.

(b) Forfeiture of office.

A Council Member or the Mayor shall forfeit office if such Council Member or Mayor (i) lacks at any time during the term of office any qualification for the office prescribed by this charter or law, (ii) violates any express prohibition of this charter, (iii) is convicted of a crime involving moral turpitude or a felony, (iv) is in default to the city, or (v) fails to attend three consecutive regular meetings of the council without being excused by the council.

(c) Filling of vacancies.

(i) Council Member.
A vacancy in the office of Council Member shall be filled by the council by a majority vote of all its remaining members for a period running to the next regular election unless such period would exceed one year from the date of the vacancy, in which event the council shall provide for a special election to fill such vacancy for the un-expired term.
(ii) Mayor.
In the event the office of Mayor shall become vacant the deputy mayor shall serve as acting Mayor until the next regular city election unless such period would exceed one year from the date of the vacancy, in which event the council shall provide for a special election to fill such vacancy for the un-expired term.

Section 3.6. Judge of qualifications.

The council shall be the judge of the election and qualifications of its members and of the grounds for forfeiture. A member charged by the council with conduct constituting grounds for forfeiture of office shall be furnished with a written document from the council setting forth such charges. Such member may demand a public hearing before the council. The council shall have the power to issue subpoenas to compel the testimony of witnesses and the production of evidence, and it may administer oaths. The council shall subpoena such witnesses and evidence as may also be requested by the member whose forfeiture is under review at such hearing. Any person who willfully fails to comply with a subpoena issued hereunder shall be guilty of a misdemeanor subject to penalty as provided by ordinance. Decisions made by the council under this provision shall be subject to review by the appropriate court as provided by law.

Section 3.7. Investigations.

The council may make investigations into the affairs of the city. In the event the council determines to conduct a formal investigation, it may do so only upon the vote of a majority of the council then in office setting forth with particularity the nature of the investigation. In the event the council undertakes a formal investigation, it may conduct hearings, issue subpoenas to compel the testimony of witnesses and production of evidence, and it may administer oaths. All such hearings shall be public. Any person who willfully fails to comply with a subpoena issued hereunder shall be guilty of a misdemeanor subject to penalty as provided by ordinance.

Section 3.8. Independent audit.

The council shall provide for an independent audit of all city accounts at least annually. Such audit shall be made by an independent certified public accountant or firm of such accountants. A copy of such audit report shall be kept in the City Clerk's office and shall be open to public inspection.

Section 3.9. Legislative proceedings.

(a) Meetings.

The council shall meet regularly at least once each month at such time and place as the council may prescribe by rule. The council may also hold additional regular meetings at such time and place as the council. may prescribe by rule. Notice of such regular meetings shall be posted at the city hall. The Mayor may, or at the request of at least three members of the council shall, call a special meeting of the council for a time not earlier than twenty-four hours after notice is given to all members of the council then in the city. Emergency meetings of the council may also be held at any time by the consent of five-sevenths of all the members of the council, and such consent may be given either prior to or during the special meeting. All meetings of the city council shall be public meetings unless such meetings may be closed pursuant to law. Unless otherwise provided by law, no action of the council shall take effect unless the motion for the action and the vote by which it is disposed of shall take place at proceedings open to the public.

(b) Rules and journals.

The council shall determine its own rules and order of business. It shall cause a journal of its proceedings to be maintained and this journal shall be open to public inspection.

(c) Voting.

Voting shall be by roll call except on procedural motions, and the ayes and nays shall be recorded in the journal. Roll call votes shall be taken in the order as prescribed by rule of council. A majority of members of the council shall constitute a quorum for its business, but a smaller number may meet and compel the attendance of absent members in the manner and subject to the penalties prescribed by the rules of the council. Except as otherwise provided in this charter, the affirmative vote of a majority of the entire council then in office shall be necessary to adopt any ordinance or resolution.

(d) Form of ordinances.

Proposed ordinances and resolutions shall be introduced in the council only in written or printed form. The enacting clause of all ordinances shall be: Be It Ordained By The Council Of The City Of Kirkwood.

The enacting clause of all ordinances submitted by initiative shall be: Be It Ordained By The People Of The City Of Kirkwood.

No ordinance, except those making appropriations of money and those codifying or revising existing ordinances, shall contain more than one subject, which shall be clearly expressed in its title. An ordinance which appropriates funds may contain subjects relating to such appropriation.

(e) Reading,

time before adoption. Every proposed ordinance shall be read by title in an open council meeting at least twice before final passage, and at least one week shall elapse between its first reading and final passage. A copy of each proposed ordinance shall be provided for each council member at the time of its introduction, and after it is introduced, copies of such proposed ordinance shall be available for public inspection in the office of the City Clerk. The council shall provide by its rules the opportunity for persons interested in any proposed ordinance to be heard before the council. If the council adopts an amendment to a proposed ordinance which constitutes a change in substance, the proposed ordinance as amended shall be placed on file for public inspection in the office of the City Clerk for one additional week prior to its final passage.

(f) Emergency ordinances.

Notwithstanding the foregoing provision, an ordinance may be passed as an emergency measure on the day of its introduction if necessary for the immediate preservation of the public peace, health or safety and if it contains a declaration describing in clear and specific terms the facts and reasons constituting the emergency and receives the votes of five-sevenths of the members of the council. An ordinance granting, reviewing or extending a franchise shall not be passed as an emergency ordinance

(g) Effective date.

Every adopted ordinance subject to referendum shall become effective at the expiration of thirty days after adoption or at any later date specified in such ordinance. All other ordinances shall become effective upon adoption or at any later date specified in the ordinance.

(h) Authentication and recording.

All ordinances and resolutions adopted by the council shall be authenticated by the signature of the Mayor and City Clerk. The City Clerk shall record in a properly indexed book maintained for that purpose all ordinances and resolutions adopted by the council.

Section 3.10. Revision of ordinances.

All ordinances and resolutions of the city of a general and permanent nature shall be codified and promulgated according to a system of continuous numbering and revision as specified by ordinance.

Section 3.11. City Clerk.

The council shall appoint an officer who shall have the title of City Clerk, The council shall fix the compensation and conditions of employment for such office. The City Clerk shall maintain the journal of council proceedings, authenticate by signature of the City Clerk all ordinances and resolutions, and record them in full in a book maintained for that purpose. The City Clerk shall perform such other duties as may be required by law, by this charter, or by the council. The City Clerk shall be responsible to the council and shall hold office at the pleasure of the council.

Section 3.12. Municipal Judge.

(a) Appointment and qualifications.

The council shall appoint an officer who shall have the title of Municipal Judge. The Municipal Judge shall be appointed for a term of two years unless otherwise provided by law. The person appointed to such position must have the following qualifications:

(i) Licensed to practice law in the State of Missouri.

(ii) A resident of the City of Kirkwood.

(iii) At least twenty-one years of age and under the age of seventy-five years during the term for which appointed.

(iv) Not otherwise an officer or employee of the city.

(b) Powers and duties.

The Municipal Judge shall have such powers and duties as are conferred upon such officers by the laws of the State of Missouri.

(c) Provisional Municipal Judge.

The Mayor shall appoint a person to the position of Provisional Municipal Judge who shall have the same qualifications as the Municipal Judge. The Provisional Municipal Judge shall serve as Municipal Judge in the event the Municipal Judge is unable to perform such duties of office due to absence, illness or disqualification to hear certain matters.

(d) Compensation.

The council shall by ordinance fix the compensation of the Municipal Judge and Provisional Municipal Judge.

Section 3.13. City Attorney.

(a) Appointment and qualifications.

The council shall appoint an officer who shall have the title of City Attorney. The City Attorney shall be a resident of the City of Kirkwood and shall be licensed to practice law in the State of Missouri.

(b) Duties.

The City Attorney shall be the chief legal officer for the City and shall have such duties as may be assigned by law and the council, and may render informal legal opinions as requested from time to time by any member of the council.

(c) Assistant City Attorneys and Prosecuting Attorneys.

The City Attorney shall, with the consent of the council, appoint Assistant City Attorneys and Prosecuting Attorneys for the prosecution of violations of city ordinances before the Municipal Judge. Such assistants shall be responsible for the fulfillment of these duties to the City Attorney.

(d) Compensation.

The council shall provide for the compensation of the City Attorney and Assistant City Attorneys and Prosecuting Attorneys. Such compensation may be provided by fees and may be paid directly to such officers or to a law firm or firms of which they are members or employees.