|St. Louis City Board of Aldermen Rules -
The Rules of the St. Louis Board of Aldermen has been converted to electronic format by the staff of the St. Louis Public Library. This electronic version has been done for the interest and convenience of the user. These are unofficial versions and should be used as unofficial copies.
To obtain official printed copies of the Rules of the St. Louis Board of Aldermen or get answers to questions email David Sweeney at SweeneyD@stlouiscity.com.
All legal research pertaining to the City Charter or Revised Code should be conducted with source documents, not the text of these Rules which may have been edited for the purposes of this publication.
The legislative power of the City of St. Louis, shall subject to the
limitations of the Charter, be vested in a Board of Aldermen consisting of a
President, elected as such by general ticket from the city at large, and
twenty-eight members, one from each ward, to be elected only by the qualified
voters of the ward he/she is a candidate to represent, and to be known as
Alderman/Alderwoman from the ward from which elected. Provided, that in case of
a vacancy, the alderman elected to fill such a vacancy shall be chosen by the
qualified voters of the ward from which he/she is elected. (See
City Charter, Art. IV, Sec. 1.)
The city is divided into 28 wards, provided, that following the 1970 decennial census thereafter, corrected ward boundaries shall be established by ordinance which shall comprise as nearly as practicable, compact and contiguous territory within straight lines, and contain as nearly as may be the same number of inhabitants; such ordinance shall be adopted before the end of the calendar year next succeeding the year the census is taken. (See City Charter, Art. I, Sec. 3; For current ward boundaries see Rev. Code, Chap. 2.12.)
At the general city election in 1915 one Alderman from each odd-numbered ward shall be elected for a term of two years, and at the same election, and every four years thereafter, one Alderman from each even-numbered ward, and a President of the Board of Aldermen, shall be elected, each for a term of four years. At the general city election in 1917, and every four years thereafter, one Alderman from each odd-numbered ward shall be elected, each for a term of four years. (City Charter, Art. II, Sec. 3; See Rev. Code, Sec. 3.06.010.)
The Board of Aldermen shall have the power by ordinance not inconsistent with Article IV of the Charter to exercise all the powers of the City and provide all means necessary or proper therefor; also to do all things needful within or without the City or state to protect the rights of the City. In addition, the Board may arrest and punish by fine or imprisonment, or both, any member or other person guilty of disorderly or contemptuous behavior in its presence; and with the concurrence of two-thirds of all its members, expel a member for cause, after notice and upon a hearing. It shall have power, and may delegate it to any committee, to subpoena witnesses and order the production of books and papers relating to any subject within its jurisdiction; to call upon its own officer or the city marshal to execute its process; and to arrest and punish by fine or imprisonment, or both, any person refusing to obey such subpoena or order. No fine for any one offense under this section shall exceed three hundred dollars nor shall any imprisonment for any one offense exceed ten days; but each day's continuance of any refusal as aforesaid shall be a separate offense. The President or the Chairman of any Committee may administer oaths to witnesses. It shall keep a journal of its proceedings, and the yeas and nays on any question shall at the desire of any member present be entered thereon. The proceedings of each meeting of said board shall be published within five days in the paper or papers doing the city publishing. (See City Charter Art. IV, Sec. 8 & 23.)
1. Authority of Committees-Service.
Whenever the Board shall, by Resolution, authorize any of its committees to make investigation of any question or matter on which the board may lawfully take actions, and shall empower the Committee to send for persons and papers, the Committee shall have authority to issue writs of subpoena and subpoena duces tecum. Such writs shall be signed by the President, or, in case of his absence or inability to act, by the Vice-President of the Board of Aldermen, and shall be attested by the Clerk of the Board. Every such writ shall be served and the return thereof made by the Sergeant-at-Arms or the City Marshall to the Chairman of the Committee in like manner and with like effect as such writs issued from the Circuit Court are served and returned by the Sheriff. (See Rev. Code, Sec. 3.06.130.)
2. Authority of Committees-Failure to appear-Issuance of writ of attachment-Fine.
In case any person named in any writ, under the provisions of the above section, and who was personally served therewith, fails to appear before the Committee at the time and place named in the writ, the Committee shall have authority to issue a writ of attachment against the body of such person, to be signed as writs of subpoena are required to be signed and to be executed and return to the Chairman of the Committee by the Sergeant-at-arms or the City Marshall, in like manner and with like effect as such writs of attachment issued by the Circuit Court are executed and returned by the Sheriff. Any person refusing to be arrested or resisting the Sergeant-at-arms or the City Marshal in the case provided for by this section shall be fined by the Board not less than twenty-five dollars nor more than one hundred dollars. (See Rev. Code, Sec. 3.06.140.)
3. Authority of Committees-Contempt-Warrant-Penalty.
In case any person appearing before a Committee in obedience to a writ of subpoena or of subpoena duces tecum or of attachment, refuses or fails to answer any question propounded to him by the Committee, or fails to produce and submit to the examination of the committee any book, record or paper which he is required to produce by a subpoena duces tecum, or is in the presence of the Committee, guilty of contemptuous or disorderly behavior, the Committee shall immediately report the facts to the Board of Aldermen. Upon receiving the report the President, if so directed by the Board, shall issue a warrant signed by himself and directed to the Sergeant-at-arms or City Marshal commanding him to arrest such witness and have his body before the Board at its first meeting held thereafter to answer for contempt.
The Sergeant-at-arms or the City Marshal shall execute the warrant. On hearing of the matter the Board, if it shall adjudge the witness to be in contempt of its authority, may punish him by a fine of not more than three hundred dollars or by imprisonment in the City Jail for not more than 10 days or by both such fine and imprisonment. Any person fined under the provisions of these sections shall, on default of payment thereof, be committed to the City Jail for the term of ten days. (See Rev. Code, Sec. 3.06.150.)
4. Authority of the Board.
In case the Board of Aldermen shall, without the agency of a Committee, conduct an investigation or desire to take evidence on any question or matter in which it may lawfully take action, it shall have authority to issue writs of subpoena, of subpoena duces tecum, and of attachment and warrants of commitment as provided by Sections 3.06.130 to 160 of the Rev. Code of the City of St. Louis 1980, Annotated, in cases of investigation before Committees. Every writ or warrant shall be signed by the President or Vice-President and attested by the Clerk of the Board and be returnable to the President or Vice-President. All penalties provided in said sections of the Rev. Code shall apply and obtain in cases of investigation made under the provisions of this section. (See Rev. Code, Sec. 3.06.160.)
F. Fines and Imprisonment.
No fine shall exceed five hundred dollars. Any one against whom any fine shall have been assessed, failing to pay the same and costs, shall be committed to the workhouse or other place provided therefor, and to such labor as may be provided by ordinance, until such fine and costs shall be fully paid, at the rate of one day's imprisonment for each three dollars of fine; provided, that no such imprisonment shall exceed one hundred days for any one offense, and provided further, that fines may be paid in installments in such manner as may be provided by ordinance, and provisions may be made by ordinance for the detention, with the view to reform and cure, of habitual drunkards or other habitual delinquents, as may be defined by ordinance, for the indeterminate sentence not exceeding one year. (City Charter, Art. IV, Sec. 24.)
G. Expenditures to be pursuant to ordinance; recommendations required.
Except as otherwise expressly provided in the Charter, no money shall be expended except in consequence of appropriations made by ordinance, and no improvement involving any expenditure of money shall be ordered except by ordinance. No ordinance making, changing or transferring an appropriation or contemplating or involving the payment of any money shall be adopted unless the Board of Estimate and Apportionment shall have recommended or joined in recommending the same. (City Charter, Art. IV, Sec. 25.)
H. Limitations on powers of Board.
The Board of Aldermen shall not have power to relieve or exempt any person from the payment of any tax or from any burden imposed by law; nor to authorize the compromise of any disputed contractual demand, or any allowance on account thereof not provided for in the contract, except on recommendation of the Board of Estimate and Apportionment; nor to authorize the payment of any damages claimed for alleged injuries to persons or property, except upon recommendation by the City Counselor; or to appropriate any money for charitable purposes, except such as shall be subject to the administration or supervision of the City; nor to sell, lease or otherwise dispose of the waterworks; nor to sell any of the City's real estate except by ordinance adopted by a vote of two-thirds of all the members; nor to acquire real estate by private purchase except by ordinance recommended by the Board of Public Service. (City Charter, Art. IV, Sec. 26.)
I. Qualifications of Aldermen.
No person shall become an Alderman except he/she be a voter and at least twenty-five years of age, and shall have been next before his/her election five years a citizen of the United States, three years a resident of the city, two years an assessed taxpayer of the city, and one year a resident of the ward from which elected, nor who shall have been convicted of malfeasance in office, bribery, or other corrupt practice or crime; and if any Alderman shall be so convicted or shall at any time not be a resident of such ward, he/she shall thereby forfeit his office. (See City Charter, Art. IV, Sec. 2.)
The Board of Aldermen shall be the judge of the qualifications of its members, except the President. (See City Charter, Art. IV, Sec. 7.)
J. Qualifications of the President.
The President of the Board of Aldermen shall have the same qualifications as the Mayor, to wit: No person shall become President unless he be at least thirty years of age, and shall have been, next before his election, both a citizen of the United States and a resident of the city for five years and an assessed taxpayer of the city for two years, nor shall any person be elected to such office if he/she shall have been convicted of malfeasance in office, bribery or other corrupt practice or crime. If the President be so convicted or become a nonresident of the city, he/she shall thereby forfeit his/her office. (See City Charter, Art. IV, Sec. 3 and Art. VII, Sec. 2.)
Resignation by a member of the Board of Aldermen shall be addressed to the President. (See Rev. Code, Sec. 3.06.040.)
L. Vacancy in Office, Alderman.
When a candidacy occurs in the office of ward Alderman, one hundred and eight (180) days or more prior to a city general election, such vacancy shall be filled through special election by the qualifying voters of the ward represented by the vacating Alderman. The individual elected shall serve for the remainder of the unexpired term or until the next general city election, whichever shall occur first, at which time such office shall again be filled according to law. Where such special ward election is required for an abbreviated term it shall be held no sooner than seventy-five (75) days nor later than ninety (90) days after the occurrence of the vacancy and there shall be no primary election preliminary thereto. In such case the Board of Election Commissioners shall accept and process the names of candidates representing the established political parties, as such parties are defined in Section 120.140.2. Missouri Rev. Statutes, 1969, or as amended, which are certified by the respective city central committees of the aforesaid parties, as their chosen respective candidates to stand for election to fill the vacancy. Persons desiring such party certification shall conform to all the requirements of the Rev. Code of the City of St. Louis required for primary nominations, except that the time limitation contained in the aforesaid Rev. Code of the City of St. Louis shall not be observed. The certification herein provided shall be delivered to the Board of Election Commissioners by the aforesaid several city central committees and by said board shall be receipted, not less than thirty (30) days before the date of the special election. Persons desiring to stand for election as non-partisan candidates shall file nomination petitions signed in the aggregate for each candidate by ten percent (10%) of the qualified voters in the respective ward who voted at the next preceding Mayoral general election. The primary and general elections to fill Aldermanic vacancies otherwise than herein provided, shall be subject to all other existing city and state laws pertaining to the provisions for and conduct of elections in the City of St. Louis. (City Charter, Art. IV, Sec. 5.)
M. Vacancy in office, President.
1. If temporary:
Whenever a vacancy occurs in the office of the Mayor, the President of the Board of Aldermen shall become Mayor, and shall hold such office until a successor is elected and qualifies. Such election, if for an unexpired term, shall be at the first general city or state election held fifty days or more after such vacancy occurs. While so holding the office of Mayor a temporary vacancy shall exist in the office of the President of the Board of Aldermen. The Vice-President of the Board of Aldermen shall hold the office of President of said Board during any vacancy therein with the right of succession to the office of Mayor. (See City Charter, Art. VII, Sec. 5.)
2. If permanent:
Any vacancy occurring in the office of the President of the Board of Aldermen, otherwise than by expiration of the regular term for which elected, shall be filled for the remainder of the unexpired term if any, at the next general city or state election held not less than sixty days after the vacancy occurs. The election shall be by general ticket from the city at large. (See Rev. Code, Sec. 3.06.050)
3. Whenever a vacancy occurs in the office of President of the Board of Aldermen and the Vice-President thereof is required to act and preside and perform the functions of the President, the acting President shall not thereby lose or vacate his office as Alderman of the ward from which he was elected but shall continue in the dual capacity as ward alderman and also as acting Board President receiving the single compensation provided for the Presidency. He shall be entitled to but one vote on any matter and shall hold as acting President until the election of a President as provided when the acting President shall resume his ward Alderman authority until the expiration of his term unless the ward alderman be earlier terminated as provided. (See Rev. Code, Sec. 3.06.050.)
N. Compensation of Aldermen.
1. Pursuant to the Charter, Aldermen shall have a salary of not less than three thousand dollars ($3000) per annum. (See City Charter, Art. IV, Sec. 2.)
2. Aldermen elected in 1987 shall receive annually for their service during their term of office the sum of eighteen thousand five hundred dollars ($18,500). (See Ordinance 60347 which is codified as Sec. 3.06.090, Rev. Code.)
3. Thereafter, increases, if any, in the compensation of the members of the Board of Aldermen shall be based upon a percentage equal to the average of the increases recommended by the Civil Service Commission, in accordance with the City Charter, for executive pay grades 1E, 2E and 3E during the members' term. (See Ordinance 60347; this section is not codified)
4. The salary of an Alderman shall not be changed during a term of office. (See City Charter, Art. VIII, Sec. 7.)
O. Compensation of the President.
1. Pursuant to the Charter, the President shall have a salary not less than five thousand dollars ($5000) per annum. (See City Charter, Art. IV, Sec. 3)
2. Beginning with the term of office of the President starting in 1987, the President shall receive annually for his or her service during the term of said office forty three thousand three hundred sixty eight dollars ($43,368);
3. Beginning with the term of office of the President starting in 1991, the President shall receive annually for his or her service during the term of said office a salary as provided by Ordinance.(See Rev. Code, Sec. 4.10.170)
4. The salary of the president shall not be changed during a term of office. (See City Charter, Art. VIII, Sec. 7 and Rev. Code, Sec. 4.10.170.)
1. There shall be appropriated and set aside annually out of general municipal revenue the sum of One Hundred Twenty-One Thousand Eight Hundred Dollars ($121,800) for the members of the Board of Aldermen to be used for Aldermanic Expenses. Each Alderman and the President shall receive the sum of Forty-two hundred dollars ($4,200.) The fund shall be used by each Alderman at his/her discretion. Each Alderman shall report to the Clerk of the Board of Aldermen for the use of the fund in the aggregate amounts for each of the following categories:
a. Civic and Charitable Contributions
c. Miscellaneous Office Expense
d. Flowers and Gifts
e. Entertainment, Lobbying and other Business Related
g. Automobile and Travel Expense.
2. The Aldermen's obligation to file said report as called for in the preceding Section shall be construed as mandatory, and shall be considered and construed to be a condition precedent to drawing any funds against the future months expense account, whether said following months expense account has been authorized by the adoption of an approved budget for the City, of which said expense account shall be a part, or whether the expense account is merely proposed and is operating under the City authorizing of a continuing Resolution.
3. Such report shall be kept by the Clerk of the Board of Aldermen and shall be available to the public upon request. The Clerk of the Board of Aldermen shall certify to the Comptroller that the Aldermen have complied with the provisions set forth in this Ordinance. The report shall be filed with the Clerk of the Board of Aldermen on April 16th of each year or the next business day thereafter.
4. These requirements shall become effective on Jan. 1, 1990 and shall apply to the calendar year 1989. (See Ordinance 61090)
Q. Required Voting Majorities
1. "A majority of the members present"
Rule 10 - Excusing Aldermen from attendance at meetings (Charter, Article IV, Section 4)
Rule 14 - Consideration of communication at any time during meetings
Rule 28 - Forming a committee of the whole
Rule 33A - Overruling a decision of the Chair
Rule 40A - Adopting motions
Rule 58 - Discharge of a bill (or resolution) from committee
Rule 79 - Adoption of Annual Rules
2. "Two-thirds of the members present"
Rule 79 - Motion to abolish, alter, amend or suspend rules
3. Fifteen votes
A. "A majority of all members of the Board"
Rule 48 - Reconsideration of a vote or question
Rule 50 - Adoption of Ordinances (Charter, Art.IV, Sec.16)
Rule 68 - Final passage of bills
Rule 78 - Adoption of Resolutions
B. "A majority vote of all the members of the Board"
Rule 83 - Annual reappointment of Board employees
C. "Fifteen members"
Rule 9 - Quorum (Charter, Art.IV, Sec.7."a majority of all the members")
D. "Fifteen votes"
Rule 83 - Hiring of new Board employee
4. Twenty votes
A. "Two-thirds of all the members of the Board"
Rule 40 - Consideration of a question laid on the table
Rule 62 - Consideration of a bill (or Resolution) reported out of committee "DO NOT PASS"
Rule 63 - Consideration of a bill (or Resolution) over the protest of its sponsor on perfection and third reading calendars
Rule 70 - Reconsideration of mayor's veto Charter, Art.IV, Sec.17)
Art.IV,Sec.8, Charter - Expulsion of a Board member(Appendix D)
Art.IV,Sec.26, Charter - Sale of real estate(Appendix H)
Art.VI,Sec. 6, Charter - Amending Ordinance adopted by Initiative.
B. "Two-thirds of all the members of the legislative body"
Sec.89.060.RSMo -Adoption of zoning changes over formal protests of certain
5. Twenty-two votes - "The governing body by a three-fourths vote of such body"
Sec.100.570 RSMo - Granting of tax abatement pursuant to Chapter 100.RSMo
R. Compensation, employment, contract and political limitations on members and employees; penalty.
No member or employee shall receive any additional compensation for serving in any other capacity under the City while in such office or employment; nor hold any office or employment under the State of Missouri or the United States except in the militia or a notary public; nor have a personal interest, directly or indirectly, in a contract with the City; and no member shall be a member of the general City committee of any political party. Any person guilty of any willful violation of the above prohibition in Article VIII, Section 8 of the City Charter shall thereby forfeit his/her office or employment. (See City Charter, Art.VIII, Sec.8.)
1. Members of the Board of Aldermen are not city officials under the section 89.110 RSMo. 1994 and therefore do not have standing in their official capacity to file an appeal to the circuit court from a decision of the Board of Adjustment. State ex rel Smith v. Leroy Grant, et al, Cause No. 70211, filed April 8, 1997, Missouri Court of Appeals, Eastern District.
2. Section 115.526 RSMo. 1994 providing for disqualification of candidate applies only to disqualification of candidate before election is held and results are certified. Watss v. Flenoy 938 S.W. 2d 311 (Mo App. E.D. 1997)
3. Settlement agreement between city and employee was not subject to disclosure under Open Meetings and Record Act. Tuft v. City of St. Louis, 936 S.W. 2d 113 (Mo. App. E.D.1996).
4. County had authority to establish commission to investigate possible ethics violations pursuant to county's police power. Barber v. Jackson County Ethics Commission, 935 S.W. 2d 62 (Mo. App. W.D. 1996.
5. Tax increase provided for in education bill did not violate single subject requirement. Akin v. Director of Revenue, 934 S.W. 2d 295 (Mo.banc 1996)
6. Provisions of statute requiring election authority to be notified by particular date for issue to be included on ballot are mandatory, not directory. State ex rel. Referendum Petitioners Committee Regarding Ordinance 4639 v. Lasky, 932 S.W. 2d 392 Mo. Banc 1996
7. Mayor did not relinquish control of bill by returning it to other than specified depository and , thus, mayor retained authority to disapprove bill. State ex rel Clark v. Gray, 931 S. W. 2d 484 Mo. App. E. D. 1996).
8. City civil service commission improperly accepted declared or "paper" residency over nondiscredited evidence of employee's city residence in determining that employee violated city rule requiring that employees live in city. Perry v. City of St. Louis Civil Service Commission, 924 S.W. 2d 861 (Mo. App. E. D. 1996)
9. The title to an amendatory act that indicates the subject matter of the act amended and the nature and purposes of the amendments is sufficient. City of St. Louis v. United Rys. Co. of St. Louis, 174 S.W. 78, 263 Mo. 387 (1914).
10. The people retain the right to legis- late through the initiative procedure. Pitman v. Drabelle, 183 S.W. 1055, 267 Mo. 78 (1916). (See Item 9.)
11. The board of aldermen or a committee thereof has the power to subpoena the president of a public service corporation. Ex parte Holman, 191 S.W. 1109, 197 Mo. App. 70 (1917).
12. Board of aldermen has power to subpoena witnesses and to fix license taxes for gas companies. Ex parte Holman, 191 S.W. 1112, 197 Mo. App. 70 (1917).
13. Aldermen's salaries were governed by the new 1914 Charter which superseded the old charter. State v. Player, 218 S.W. 859, 280 Mo.496 (1920).
14. An ordinance is only invalidated as to the part that was not clearly expressed in the title. City of St. Louis v. Breuer, 223 S.W. 108 (1920).
15. An ordinance passed for the purposes of condemnation does not necessarily involve the payment of money. City of St. Louis v. Breuer, 223 S.W. 108 (1920).
16. The city may appropriate bonds instead of money for public improvements. Jennings v. Kinsey, 271 S.W. 786, 308 Mo. 265 (1925).
17. The people retain the right to legislate through the initiative procedure. State v. Miller, 285 S.W. 504, 315 Mo. 41 (1926). (See Item 2.)
18. St. Louis Charter, Art.4, Sec. 1 and 23, vesting legislative power in the board of aldermen does not deny or limit the power of voters under Art. 5, Sec. 1 of the charter. State v. Miller, 285 S.W. 504, 315 Mo. 41 (1926).
20. Ordinance fixing salaries of class of employees was not an appropriation ordinance. State v. Miller, 285 S.W. 504, 315 Mo. 41 (1926). (See Item 29.)
21. A returned bill becomes law even though the date of its approval by the mayor is erroneous or absent. Ex parte Corvey, 287 S.W. 879, 220 Mo. App.602 (1926).
22. Whether or not a legislative measure is an emergency measure is ultimately a court question. State v. City of St. Louis, 5 S.W. 2d 1080, 319 Mo. 497 (1928).
23. The people's power to amend the charter does not preclude amendments by the board of aldermen. State v. City of St. Louis, 5 S.W. 2d 1080, 319 Mo. 497 (1928).
24. If only one paper is doing the city publication, publication of ordinances in more than one paper is not required. State v. City of St. Louis, 5 S.W. 2d 1080, 319 Mo. 497 (1928).
25. The state constitution and statutes are broad enough to permit aldermen to be elected only by members of their wards. State v. Waechter, 80 S.W. 2d 672, 336 Mo. 509 (1935).
26. An ordinance that provides for the vacation of a small portion of a street and the widening of the street covered one subject. City of St. Louis v. Senter Commission Co., 84 S.W. 2d 133, 336 Mo. 1209 (1935).
27. The restriction that the board of public service must recommend a public improvement applies to proposals under the initiative as well as ordinances proposed by the board of aldermen. Baum v. City of St. Louis, 123 S.W. 2d 48, 343 Mo. 738 (1938).
28. Any doubt about the validity of the title is usually resolved in favor of validity. Ploch v. City of St. Louis, 138 S.W. 2d 1020, 345 Mo. 1069 (1940).
29. The establishment of a commission to administer an ordinance prohibiting solicitation of charitable funds was not an invalid delegation of legislative power. Ex parte Williams, 139 S.W. 2d 485, 345 Mo. 1121 (1940).
30. The requirements as to titles for ordinances have no effect on legislative proposals for charter amendments. State v. Kirby, 163 S.W. 2d 990, 349 Mo. 988 (1942).
31. Compensation for city employees may not be fixed by the board of aldermen without the recommendation of the civil service commission. Kirby v. Nolte, 173 S.W. 2d 391 (1943).
32. When the president of the board of aldermen becomes mayor, the office of the president is temporarily vacant and the provisions of the charter for filling a vacancy do not apply. State v. Barrett, 180 S.W. 2d 730, 352 Mo. 1076 (1944).
33. Where president of board of aldermen vacated his office temporarily while serving as mayor, charter provision requiring election to fill vacancy on the board was not applicable. State v. Barrett, 180 S.W. 2d 730 (1944).
34. When the vice-president fills the office of president which was left vacant, the vice-president becomes president. State v. Nolte, 180 S.W. 2d 740, 352 Mo. 1069 (1944).
35. Vice president of board of aldermen who filled temporary vacancy of office of the president was entitled to salary of office of president. State v. Nolte, 180 S.W. 2d 740, 352 Mo. 1069 (1944).
36. The salary of the office of president belongs to the person who holds that office. State v. Nolte, 180 S.W. 2d 740, 352 Mo. 1069 (1944).
37. The title of an ordinance specifying code provisions that were being revised and that the same subject matter was being covered was valid. City of St. Louis v. Bouckaert, 185 S.W. 2d 886 (1945).
38. Ordinance fixing salaries of class of employees was not an appropriation ordinance. State v. City of St. Louis, 204 S.W. 2d 234, 356 Mo. 820 (1947). (See Item 11.)
39. The board of aldermen does not have the authority to pass an irrevocable ordinance setting bridge tolls. City of St. Louis v. Cavanaugh, 207 S.W. 2d 449, 357 Mo. 204 (1948).
40. The defense of invalidity of an ordinance under Article IV, Section 13 of the Charter is deemed waived unless it is raised at the first opportunity. City of St. Louis v. Langeneckert, 210 S.W. 2d 736 (1948).
41. Neither stating nor failing to state the location of public improvements in the title violates Article IV, Section 13 of the Charter. Kirkwood v. City of St. Louis, 351 S.W. 2d 781 (1961).
42. The circuit court is not precluded from determining the qualifications of a member of the board of aldermen by writ of quo warranto. State v. Harris, 363 S.W. 2d 580 (1962).
43. An alderman of the city is not immune from judicial inquiry by quo warranto into his qualifications for office. State v. Harris, 363 S.W. 2d 580 (1962).
44. For the purposes of Art. IV, Sec.2. of the charter, an alderman's residence is where his home (domicile) is located. The residence requirement is mandatory. State v. Mueller, 388 S.W. 2d 53 (1965).
45. Alderman held not a resident of the ward from which he was elected and he thereby forfeited his office. State v. Mueller, 388 S.W. 2d 53 (1965).
46. When the title does not descend into particulars the failure to state details included in the ordinance is not fatal. 508 Chestnut, Inc. v. City of St. Louis, 389 S.W. 2d 823 (1965).
47. The purpose of Article IV, Section 13 of the charter is to provide for an honest title and prevent deception. 508 Chestnut, Inc. v. City of St. Louis, 389 S.W. 2d 823 (1965).
48. Establishment of convention and tourism bureau was not inherently inconsistent with charter requirements relating to appropriations. Ruggeri v. City of St. Louis, 441 S.W. 2d 361 (1969).
49. Seemingly separate subjects may be separate facets of a prime subject. Ruggeri v. City of St. Louis, 441 S.W. 2d 361 (1969).
50. It is a denial of equal protection to limit punishment to payment of a fine for those who are able to pay it but to convert the fine to imprisonment for those who are unable to pay it. Tate v. Short, 401 U.S. 395.91 S. Ct. 668, 28 L.Ed. 2d 130 (1971).
51. St. Louis must provide indigent defendants an opportunity to pay fines in reasonable installments. Hendrix v. Lark, 482 S.W. 2d 427 (1972).
52. A person who is unable to pay fines despite a good faith effort cannot be incarcerated. Hendrix v. Lark, 482 S.W. 2d 427 (1972).
53. Requirements as to form of ordinances are directory and not mandatory. St. Louis Terminals v. City of St. Louis, 535 S.W. 2d 593 (1976).
54. Requirement of ordaining clause is directory and not mandatory, and omission will not invalidate ordinance. St. Louis Terminals v. City of St. Louis, 535 S.W. 2d 593 (1976).
55. Dual employment with city and city board of education violates Art. VIII, Sec.8 of the charter. Hughes v. Civil Service Commission of City of St. Louis, 537 S.W. 2d 814 (1976).
56. A requirement that a candidate for alderman be a resident of the city for three years prior to the election is a valid residency requirement. State ex rel. Campbell v. Svetanics, 548 S.W. 2d 293 (1977).
57. A one-year residency requirement for city aldermen was reasonable and valid. Brandenberg v. McClellan, 427 F. Supp. 943 (1977).
58. Lease agreement executed by city officials without authorization by city did not constitute a legal obligation of the city. Vigran v. Poelker, 433 F. Supp. 168 (1977).
59. An indigent defendant may not be incarcerated for non-payment of fine. Spencer v. Basinger, 562 S.W. 2d 350 (1978).
60. Hearing should be held to determine defendant's ability to pay before he may be confined for failure to pay fines. Spencer v. Basinger, 562 S.W. 2d 350 (1978).
61. When initiative proposal for charter amendment had signatures representing 10% but less than 15% of the registered voters at the last mayoralty election, the board of aldermen were required to place it on the ballot at the next general election even though no general election was scheduled between 30 and 90 days after certification of rejection by the board of aldermen. State ex rel. Blackwell v. Travers, 600 S.W. 2d 110 (1980).
62. City alderman had no judicially protectible interest in a determination of constitutionality of city tax abatement ordinance. Sommer v. City of St. Louis, 631 S.W. 2d 676 (1982).
63. The term "all the members" as used in the charter refers to the full authorized membership of the board of aldermen, not the actual membership of the board at the time a vote is taken. Braddy v. Zych, 702 S.W. 2d 491 (Mo. App.1985).
64. An abstention is not a favorable vote. Braddy v. Zych, 702 S.W. 2d 491 (Mo. App.1985).
65. The refusal to consider a bill does not amount to a rejection of a bill or prevent its being brought before the Board again; no bill can be deemed "dead" until the adjournment of the Board sine die. Marit Clark, et al., v. Thomas Zych, etc., et al., 22nd Judicial Circuit Court, Cause No. 844-00406, Div. No. 3, (1/22/85).
66. The Board of Aldermen or a committee thereof has the power to subpoena bank records notwithstanding the provisions of the Missouri Right to Financial Privacy Act. Gateway National Bank of St. Louis and Gerard Hawkins v. City of St. Louis, 22nd Judicial Circuit Court, Cause No. 904-00086, Div. No. 3, (3/29/90).
67. Section 115.526 RSMo. 1994 providing for disqualification of candidate applies only to disqualification of candidate before election is held and results are certified. Watss v. Flenoy 938 S.W. 2d 311 (Mo App. E.D. 1997)
68. Settlement agreement between city and employee was not subject to disclosure under Open Meetings and Record Act. Tuft v. City of St. Louis, 936 S.W. 2d 113 (Mo. App. E.D.1996).
69. County had authority to establish commission to investigate possible ethics violations pursuant to county's police power. Barber v. Jackson County Ethics Commission, 935 S.W. 2d 62 (Mo. App. W.D. 1996.
70. Tax increase provided for in education bill did not violate single subject requirement. Akin v. Director of Revenue, 934 S.W. 2d 295 (Mo.banc 1996)
71. Provisions of statute requiring election authority to be notified by particular date for issue to be included on ballot are mandatory, not directory. State ex rel. Referendum Petitioners Committee Regarding Ordinance 4639 v. Lasky, 932 S.W. 2d 392 Mo. Banc 1996
72. Mayor did not relinquish control of bill by returning it to other than specified depository
and, thus, mayor retained authority to disapprove bill. State ex rel Clark v. Gray, 931 S. W. 2d 484 Mo. App. E. D. 1996).
73. City civil service commission improperly accepted declared or "paper" residency over nondiscredited evidence of employee's city residence in determining that employee violated city rule requiring that employees live in city. Perry v. City of St. Louis Civil Service Commission, 924 S.W. 2d 861 (Mo. App. E. D. 1996)
74. Members of the Board of Aldermen are not city officials under the section 89.110 RSMo. 1994 and therefore do not have standing in their official capacity to file an appeal to the circuit court from a decision of the Board of Adjustment. State ex rel Smith v. Leroy Grant, et al, 943 S.W. 2d 319 (Mo. App. E.D. 1997).
75. Mayoral candidate had until polls closed on election day to cure tax arrearage so as to be qualified candidate. In re Williams, 943 S.W.2d 244 (Mo. App. E.D. 1997)
76. Appeal from Board of Adjustment reversing Board's refusal to grant variance for truck parking because the finding was not supported by competent and substantial evidence, AAA Trailer Services, Inc. v. City of St. Louis, et al., Cause No. 964-1904, Division 3, Twenty-second Judicial Circuit, July 7, 1997
77. Affirms the city's powers of eminent domain. City of St. Louis v. Court Square Investors, Ltd., Cause No. 972-01142, Division 1, Twenty-Second Judicial Circuit, July 28, 1997.
78. City could enact earnings tax that encompassed contributions to deferred compensation plans. Lett v. City of St. Louis, 948 S.W. 2d 614 (E.D. Mo. App. 1996)
79. State of Missouri ex rel Sharon Tyus v. C. Christopher Lee et al as the Board of Election Commissioners for the City of St. Louis, Cause No. 974-0260, Division 2. Court denied writ of prohibition seeking to prohibit the holding of a recall election due to lack of sufficient evidence that her right to due process was violated.
T. Financial disclosure reports; conflicts of interest; substantial
It is the public policy of the Board of Aldermen that 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 have confidence in the integrity of its government. In recognition of these goals, there is established a procedure for disclosure by certain officials and employees of private financial or other interests in matters affecting the City.
1. Conflicts of Interest.
a. All members must comply with Rule 43 and 105.454 RSMo on conflicts of interest, as well as any other state law governing official conduct.
b. Any member who has a "substantial personal or private interest" in any measure, bill, order or ordinance proposed or pending before the Board must disclose that interest and such disclosure shall be recorded in the Journal of the Board of Aldermen. Substantial personal or private interest is defined as ownership by the member, his/her spouse, or his/her 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 compensation or remuneration of $5,000 or more, per year from any individual, partnership, organization, or association within any calendar year.
2. Disclosure Reports. Each member shall disclose the following information by May 1 if any such transactions were engaged in during the previous calendar year:
a. For such member, and all persons within the first degree of consanguinity or affinity of such member, the date and the identities of the parties to each transaction with a total value in excess of five hundred dollars, if any, that such person had with the City, other than compensation received as a member or payment of any tax, fee or penalty due to the City, and other than transfers for no consideration to the City; and
b. The date and the identities of the parties to each transaction known to the member with a total value in excess of five hundred dollars, if any, that any business entity in which such member had a substantial interest, had with the City, other than payment of any tax, fee or penalty due to the City or transactions involving payment of providing utility service to the City, and other than transfers for no consideration to the City.
3. Filing of Reports.
a. No member is required to file more than one financial interest statement in any calendar year;
b. Every member 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 immediately preceding December 31; provided that any such member may supplement his/her financial interest statement to report additional interests acquired after December 31, of the cover year until the date of filing of the financial interest statement.
c. Financial disclosure reports shall be filed with the Clerk of the Board of Aldermen and with the Secretary of State prior to January, 1, 1993. After January 1, 1993, reports shall be filed with the Clerk of the Board of Aldermen and the Missouri Ethics commission. The reports shall be available for public inspection and copying during normal business hours.(See Ordinance 62391; not yet codified)
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