City of pleasant hope missouri municipal code

Chapter 120 – Officials of the City of Pleasant Hope

Section 120.100: Where the Powers are Vested

All powers of the City shall be vested in the City Council. The Council shall exercise these powers in the performance of all the duties and obligations imposed on the City by Federal law, Missouri State law. Polk Count law and the laws established by the City of Pleasant Hope.

Section 120.110: Composition; Qualifications; Election and Terms

Sub Section A. Composition - There shall be a City Council consisting of five members. There shall be four Aldermen-at-Large and a Mayor. All members of the City Council shall be elected by qualified voters within the city limits of Pleasant Hope.
Sub Section B. Qualifications - A Council member shall have been a residence of the city for one year preceding election and a qualified voter and shall remain a resident within the city limits of Pleasant Hope for the length of his elected term. Council member must current on all municipal taxes and utilities.
Sub Section C. Election, Terms and Term Limitations - City Council members shall be elected to serve staggered two-year terms. At each regular municipal election, Council members shall be elected to fill the offices of those whose terms expire. There shall be no limit to the number of terms a person my serve as a Council member.

Section 120.120: Compensation

The City Council of Pleasant Hope may determine the annual compensation of Council members by ordinance, but no ordinance changing such compensation shall become effective for a Council member until the commencement of a new term of office.

Section 120.130: Mayor Pro Tempore

The Council shall elect annually from among its members a Board President. The Board President shall assume the powers and duties of the Mayor during the absence or disability of the Mayor, or if a vacancy occurs. While assuming the powers and duties of the Mayor, the Board President shall retain his or her vote as a Council member, but shall not possess the additional Mayoral veto powers or tie breaking vote as provided by Chapter 130, Section 130.100, Sub Section D of this Code. The Mayor Pro Tempore shall appoint, with the advice and consent of a majority of Council, all Council committees and Council liaisons.

Section 120.140: Oath of Office; Bond Generally

All elected official shall swear (affirm) there serves to the City at the first City Council Meeting following the confirmation of the election results. After their confirmation to the office via the oath, they will be added to the position bond held by the City of Pleasant Hope for elected officials.

Section 120.150: Administration of Oaths

The City Clerk of Pleasant Hope has the power to administer all Oath of Office for officials of the City of Pleasant Hope.

Section 120.160: Vacancies; Forfeiture of Office; Filling Vacancies

Sub Section A. Vacancies - The office of a Council member shall become vacant upon the Council members death, resignation, recall or removal from office in any manner authorized by this set of Municipal Codes or by law, or upon forfeiture of the office.
Sub Section B. Forfeiture of Office A Council member shall forfeit office if at any time during the term of office a Council member lacks any qualification for the office prescribed by this set of Codes or by law.
Sub Section C. Filling Vacancies The Council by a majority vote of all its remaining members shall appoint a qualified person to fill a vacancy until the next regular municipal election as established by the Missouri election calendar in accordance with state law, for which timely notice may be given, when a person will be elected by qualified voters to serve the remainder of the unexpired term.

Section 120.170: Judge of Qualifications for Forfeiture of Office

The Council shall be the judge of the qualifications of its members, the Mayor and Municipal Judge and of the grounds for forfeiture of their offices, and for that purpose shall have the power to subpoena witnesses, administer oaths and require the production of evidence.

Section 120.180: Custodian of Record

The Council by Resolution shall appoint a Custodian of Records as set forth by RSMo 610.023.1. This appointment shall be the City Clerk. The City Clerk shall keep the journal of City Council proceedings authenticate by signature all ordinances and resolutions and record them in full in a book kept for that purpose. The City Clerk shall perform such other duties as may be required by law, by this set of Municipal Codes or by future ordinances and resolutions.

Section 120.190: City Attorney

Sub Section A. Selection of the City Attorney - The City Attorney shall be selected on a yearly basis through a bid-for-services process. The contract shall be for one fiscal year January 1 through December 31 and accepted through an ordinance.
Sub Section B. Duties of the City Attorney - The City Attorney shall serve as the legal advisor to the Mayor, the Council, and administrative staff for all the city departments and shall represent the city in all legal proceedings and shall perform any other duties prescribed by law, by this set of Municipal Codes, by ordinance or as may be required of the City Attorney by the Mayor or Council.
Sub Section C. Attend City Council Meetings - The City Attorney shall attend al Council meetings. The City Attorney shall receive notice of all special meetings.
Sub Section D. Duties as the Prosecuting Attorney - The City Attorney by contract shall also represent the city in the prosecution of all violations of city ordinances before the Pleasant Hope Municipal Court.
Sub Section E. Qualifications of City Attorney and Prosecuting Attorney - All Attorneys serving the City of Pleasant Hope shall be licensed members of the Missouri Bar and shall have been in active practice of law in the State of Missouri for at least three years immediately preceding their contract with the City. The requirement that such prior active law practice be in the State of Missouri may be waived by a majority vote of the entire Council.
Sub Section F. Compensation of the City Attorney - The compensation of the City Attorney is determined by the annual bid-for-services contract agreement and by ordinance.
Sub Section G. Section 79,270 RSMo sets forth that the Board of Aldermen shall have the power to fix compensation of all officers of the City, by ordinance. It further states that the salary of the officers shall not be changed during the time of appointment.

Section 120.210: Conflict of Interest Involving All Elected Officials. (Resolution 4-2009, 10/01/2009)

Sub Section A. All elected and appointed officials as well as employees of the City of Pleasant
Hope shall comply with RSMo Sections 105.454 and 105.458 on conflicts of interest as well as any other state law governing official conduct.
Sub Section B. Any member of the City of Pleasant Hope governing body who has a "substantial or private interest" in any measure, bill, order or ordinance proposed or pending before such governing body must disclose that interest to the City Clerk and such disclosure shall be recorded in the minutes of the City of Pleasant Hope. Substantial or private interest is defined as ownership by the individual, his spouse, or his dependent children, whether singularly or collectively, directly or indirectly of:

1. 
   10% or more of any business entity; or
   
2. 
   an interest having a value of $10,000 or more: or
   
3. 
   the receipt of a salary, gratuity, or other compensate on or remuneration of $5,000 or more, per year from any individual, partnership, organization, or association within any calendar year.
   

Sub Section C. On all matters pertaining to a vote where the possibility of a violation of ethics might occur, the voting member will direct the City Clerk to enter into the minutes of the meeting the reason for abstaining from any discussion and/or vote being proposed.
Sub Section D. On matters to be discussed in a closed part of a meeting where the possibility of a violation of ethics might occur, the voting member will direct the City Clerk to enter into the minutes of the meeting the reason for and excuse himself from the closed session of the meeting.