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BULLET St. Louis City Charter Article VII Mayor

St. Louis City Charter 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.

Official printed copies of St. Louis Missouri City Charter may be obtained from the Register's Office at the St. Louis City Hall.



Article VII
Mayor

Section 1 Powers and duties; compensation.

The mayor shall be the chief executive officer of the city and, except as by law or in this charter otherwise provided, have and exercise all the executive power of the city. He shall exercise a general supervision over all the executive affairs of the city and see that each officer and employee performs his duty and that all laws, ordinances, and charter provisions are enforced within the city. His salary shall be twenty-five thousand dollars ($25,000) per annum. All process against the city shall be served upon him. He shall appoint and may remove all nonelective officers and all employees, except as otherwise in this charter provided, but shall not remove any office, department or division head appointed by him, except for cause. He shall execute all deeds and conditional bonds made in the name of the city and see that all contracts with the city are performed and that all legal proceedings necessary to enforce or protect the rights or interest of the city are brought and diligently prosecuted. He shall have a seat and a voice and may introduce ordinances, but not vote, in the board of aldermen, and shall make recommendations and give information to said board as to city affairs. He may remit, with or without condition, fines, costs, forfeitures and penalties imposed for violation of any ordinance or charter provision, and shall annually make a report thereof to the board of aldermen. He may examine the affairs and conduct of any department, board or office and require all officers to exhibit their accounts and papers and make reports to him. He shall annually appoint a certified public accountant to thoroughly audit all books, accounts and records relating to the fiscal affairs of the city and report the result to him. A copy of said report shall be filed with the register.

The mayor shall devote his entire time to the duties of his office.

City Counselor Ops.:

7622, 8393, 9409, 9843, 9882, 10099

Cases:

The mayor could not be required by statute to assume the additional duty of appointing a firemen's arbitration board. State v. Cervantes, 423 S.W. 2d 791 (1968).

The Commission on Retirement, Removal and Discipline has the power to investigate and punish city court judges for misconduct. In re Fullwood, 518 S.W. 2d 22 (1975).

Discharge of police chief by city managet without notice or hearing did not deprive police chief of due process of law. Owen v. City of Independence, 421 F.Supp. 1110 (1976).

City Charter did not require plenary pretermination hearing prior to dismissal of municipal judge by mayor. Edwards v. Schoemehl, 825 S.W. 2d 683 (Mo. App. 1992).

McQuillin:

12.41--12.44 Mayor or Chief Executive

History:

Submission Ordinance No. 44822

Submission Ordinance Approved February 1, 1949.

Amendment Substance: repeals Section 1, and reenacts same matter but changes Mayor's salary from $10,000 to $20,000 per year.

Voter Rejection Date: April 5, 1949.

Submission Ordinance No. 49821

Submission Ordinance Approved March 9, 1960.

Amendment Substance: repealing Section 1, and reenacting same matter regarding office of Mayor, but raising the Mayor's annual salary from $10,000 to $25,000.

Voter Adoption Date: August 2, 1960.

Section 2 Qualifications.

No person shall become mayor 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 shall have been convicted of malfeasance in office, bribery or other corrupt practice or crime. If the mayor be so convicted or become a nonresident of the city, he shall thereby forfeit his office.

City Counselor Ops.:

7847, 9843

Editor's Note: The words in brackets have been supplied for clarification.

Section 3 Devolution of duties in event of disability or absence.

During the mayor's temporary disability or absence from the city his powers and duties shall devolve upon the president of the board of aldermen, or, if said president be also absent or disabled, upon the vice-president of said board.

City Counselor Ops.:

8323, 8403, 9038, 9843, 10056

Section 4 Removal from office.

The mayor may be removed from office by the board of aldermen for crime or misdemeanor in office, for grave misconduct showing unfitness for public duty, or for permanent disability, three-fourths of all the members of said board voting for such removal. The proceedings for such removal shall be upon specific charges in writing, which, with a notice stating the time and place of the hearing, shall be served on the mayor or published at least three times in a daily newspaper. The hearing shall be public, and the mayor shall have the right to appear and defend in person and by counsel, and have process of the board to compel the attendance of witnesses in his behalf. Such vote shall be determined by yeas and nays and the names of the members voting for or against such removal shall be entered on the journal.

City Counselor Ops.:

9843

Section 5 By whom vacancy in office filled.

Whenever a vacancy occurs in the office of 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.

City Counselor Ops.:

9843

Cases:

The vice-president of the board of aldermen becomes president when the president acts as mayor. State v. Nolte, 180 S.W. 2d 740, 352 Mo. 1069 (1944).

The president vacates his office only temporarily while serving as mayor. State v. Barrett, 180 S.W. 2d 493, 352 Mo. 1130 (1944).

When a successor to the office of mayor is elected in a general election the city must comply with state election laws. State v. Barrett, 181 S.W. 2d 493, 352 Mo. 1130 (1944).


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