St. Louis City Charter Article VIII City Officers and Employees*
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City Officers and Employees*
A license collector is a county officer not a city officer. Preisler v. Hayden, 309 S.W. 2d 645 (1958).
Requirement of college degree as prerequisite for employment as city health program representative did not constitute prohibited racial discrimination in employment. Rice v. City of St. Louis, 607 F2d 791 (1979).
Ch. 12 Elections, Offices and Officers, Employees and Agents and Municipal Departments
Section 1 Appointments to be made by mayor; tenure.
The mayor shall appoint the following officers at his convenience, to hold for the term for which he was elected and until their successors qualify: assessor, supply commissioner, register, city counselor, city marshal, city court judges, clerk of city courts, president board of public service, director of public utilities, director of streets, director of welfare, director of parks, recreation and forestry, director of health and hospitals and director of public safety.
82.550 Assessor appointed by mayor
City Counselor Ops.:
A statute purporting to make assessors elected state officials was void. Stocke v. Edwards, 244 S.W. 802, 295 Mo. 402 (1922).
A statute providing that the treasurer is a county official prevents the mayor from appointing a treasurer. State v. Dwyer, 124 S.W. 2d 1173, 343 Mo. 973 (1938).
The positions set out in this section are not subject to the indefinite tenure provisions of Art. XVIII. Riley v. Holland, 243 S.W. 2d 79, 362 Mo. 682 (1951).
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).
12.69-12.101 Manner of Securing Office and Public Place; Election or Appointment
Submission Ordinance No. 49101
Submission Ordinance Approved August 9, 1958.
Amendment Substance: repealing Section 1 and enacting new Section 1, providing for appointment of directors of departments by Mayor, including a Director of Streets (and not Sewers), Director of Parks, Recreation and Forestry, Director of Health and Hospitals (carved out of Department of Public Welfare), amongst others.
Voter Adoption Date: November 4, 1958.
Section 2 Residence requirement.
In addition to other qualifications required by this charter, except as provided hereinbelow, all officers and employees (in non-temporary, full-time positions) must reside in the City of St. Louis on or before 120 days have elapsed after appointment or, if the officer or employee serves in a working test period as provided by Civil Service Rule, then 120 days after the end of an initial working test period, not to exceed one year, and all employees and officers must maintain residence within the City of St. Louis during the entire tenure of their employment or of their appointment as an officer after said 120-day period and failing or ceasing so to reside, shall forfeit their office or employment. A waiver to the above residence requirements may be granted to an individual officer or employee, other than a Director or person who acts as a Director of a City Department, on an annual basis by the Civil Service Commission when said officer or employee occupies a position requiring a very high degree of specialized education or skill and when qualified candidates who are willing to fill said position and reside within the City of St. Louis are not reasonably available. The Civil Service Commission shall report annually in writing to the Board of Aldermen on all waivers granted in the preceding year with written explanations for each waiver that was granted.
City Counselor Ops.: 8058, 8215, 8234, 8362, 8368, 9215, 9221, 10080, 10345, 10388, 10426
City residency requirement did not violate equal protection clause of the Fourteenth Amendment. Slater v. City of St. Louis, 548 S.W. 2d 590 (1977).
Nondiscriminatory residence requirement will be upheld. Slater v. City of St. Louis, 548 S.W. 2d 590 (1977).
Submission Ordinance No. 57117
Submission Ordinance Approved February 17, 1976.
Amended Substance: amends residency requirements for City employees and officers in Section 2, Article VIII, which now allows exceptions to be granted to the residency requirement and which requires that all officers and employees must reside in the City of St. Louis on or before 120 days have elapsed after the date of his or her employment as an employee or appointee as an officer with the City of St. Louis and all employees and officers must maintain said residence within the City of St. Louis during the entire tenure of his or her employment or of his or her appointment as an officer after said 120-day period and failing or ceasing so to reside, shall forfeit their office or employment. A waiver to the above residence requirements may be granted to an individual officer or employee, other than a Director or person who acts as a Director of a City Department on an annual basis by the Civil Service Commission when said officer or employee occupies a position requiring a very high degree of specialized education or skill and when qualified candidates who are willing to fill said position and reside within the City of St. Louis are not reasonably available. The above residency provisions shall apply to all appointed city officers and employees regardless of date of hiring or appointment of said officer or employee but said provisions shall only apply to Directors or persons who act as Directors of City Departments who are hired or appointed by the City of St. Louis on or after January 1, 1977. The Civil Service Commission shall report annually in writing to the Board of Aldermen on all waivers granted in the preceding year with written explanations for each waiver that was granted.
Voter Adoption Date: August 3, 1976.
Submission Ordinance No. 61198
Submission Ordinance Approved January 31, 1989.
Amendment Substance: adding new Section 2A to provide that the City may determine what bodies performing government or operational functions on behalf of the City constitute City Departments as used in Section 2.
Voter Rejection Date: March 7, 1989.
Submission Ordinance No. 64109
Submission Substance: repealing the former Article VIII, Section 2 of the Charter relating to the requirement of residence for city employees and officers and enacting in lieu thereof a new city employee and officer residence requirement which would require all city employees and officers to reside in the City of St. Louis on or before 120 days have elapsed after the date of said employee's employment as an employee or appointment as an officer or if employee has a working test period 120 days after the end of the initial working test period, providing for a maximum working test period length and providing for a waiver of residency by the Civil Service Commission.
Voter Adoption Date: August 4, 1998.
Section 3 Oath of office.
Every officer, and every employee holding a position upon an annual salary, shall, before entering upon his duties and within such time as may be provided by ordinance, take and subscribe, and file with the register, an oath or affirmation that he has all the qualifications and is not subject to any of the disqualifications named in this chapter for the office or employment he is about to assume; that he will support the constitution of the United States and of this state and the charter and ordinances of the city; that he will be influenced only by the consideration of fitness in the appointment, promotion, demotion, suspension or discharge of officers or employes; that he will not expend nor authorize the expenditure of money otherwise than for adequate consideration and efficient service tot the City and will faithfully discharge the duties of his office or employment.
City Counselor Ops.: 10128, 10173
It is at least debatable whether the oath of office is merely directory. State v. Mason, 154 S.W. 2d 67, 348 Mo. 436 (1941).
11.97 Oath of Office
Section 4 When official bond required; payment of premiums; failure to qualify.
The board of aldermen shall determine by ordinance whether and when any officer or employee shall give a bond and the amount and character thereof, subject to the provisions of charter. Premiums on all bonds of officers and employees shall be paid by the city, subject to such regulations as may be provided by ordinance. If any person elected or appointed to an office shall fail to take, subscribe and file an oath or affirmation as aforesaid, or to give bond as required by this charter or by law or ordinance, he shall forfeit his right to the office or employment.
City Counselor Ops.: 8094, 10279
Section 5 Liability of department heads for subordinates.
Each head of a department, office or division shall be responsible for the acts or omissions of officers and employees appointed by him, and may require bonds or other securities from them to secure himself.
City Counselor Ops.: 7929, 8753
12.226 Wrongful or Negligent Acts of Subordinates
Section 6 Vacancies in elective offices.
Any vacancy in any elective office, except in the board of aldermen, shall be filled by appointment by the mayor 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.
12.100 When Vacancy in Office Exists
12.101 Authority to Fill vacancy
Section 7 Salaries and fees generally.
The board of aldermen shall by ordinance fix or provide for the fixing of salaries or compensation of officers and employes, jurors and witnesses, subject to the provisions of this charter. Payment for services of specialists or experts under article XIII, section 8, may be made either with or without an ordinance fixing the compensation for such services. All salaries or compensation under the classified service shall be uniform for like service. No salary in the unclassified service of the city shall be changed during the term for which the recipient was elected or appointed. No city officer shall retain any fees received by virtue of his office, but all fees shall belong to the city and be paid into the city treasury daily, unless some other time is provided by this charter or by law or ordinance.
City Counselor Ops.: 9346a
Policemen are city officers, and by ordinance not entitled to witness fees. State v. Kimmel, 165 S.W. 1067, 256 Mo. 611 (1914).
A city official cannot change a salary established by ordinance. Orthwein v. City of St. Louis, 178 S.W. 87, 265 Mo. 556 (1915).
The power to fix salaries may be limited by an amendment requiring board members to seek the recommendation of a commission. Kirby v. Nolte, 173 S.W. 2d 391, 351 Mo. 525 (1943).
The ordinance, not a contract, fixed the compensation, including rental of a residence of the superintendent of the hospital. McClellan v. City of St. Louis, 170 S.W. 2d 131 (1943).
The board of aldermen may enact an ordinance reclassifying employees which results in a salary reduction. Sanders v. City of St. Louis, 303 S.W. 2d 925 (1957).
12.174-12.207a Salaries and Compensation, Fees and Commissions
Section 8 Payment of salaries; maximum established; additional compensation or employment; interest in city contracts; political activity.
Notwithstanding any Charter provision to the contrary, all salaries shall be paid at least monthly. Salaries fixed in this Charter at a certain sum shall be construed to mean not less than such sum. All salaries for positions in the city service shall be established as provided in Article XVIII of this Charter. No officer 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 or United States except in the militia or as a notary public or as a teacher in a public educational institution. A teacher in a public educational institution may hold employment with the city. No officer or employee shall have a personal interest, directly or indirectly, in a contract with the city; and no elective officer shall be a member of the general city committee of any political party. Any person guilty of any willful violation of this section shall thereby forfeit his office or employment.
City Counselor Ops.: 8209. 8685, 8705, 8760, 8855, 9120, 9297, 9376, 9337, 9339, 9426, 9494, 9665, 9716, 9825, 9870, 9997, 10159, 10290, 10451
Holding a state job after being laid off by the city does not violate this charter section and the city must pay accrued compensation. Bruce v. City of St. Louis, 217 S.W. 2d 744 (1949).
The maximum salary limitation was not repealed by the civil service amendment. Simmons v. City of St. Louis, 264 S.W. 2d 928 (1954).
Employee is entitled to sick leave benefits accrued while hospital was still a city hospital Wilkins v. City of St. Louis, 404 S.W. 2d 783 (1966).
The maximum salary limitation does not deprive plaintiffs of property without due process of law because they have only an expectation of a higher salary. Bruce v. Scearce, 390 F.Supp. 297 (1975).
The maximum salary limitation does not violate the equal protection clause. Bruce v. Scearce, 390 F.Supp. 297 (1975).
City charter provision limiting salaries of city employees and officials to $25,000 did not violate the equal protection clause of the Fourteenth Amendment. Bruce v. Scearce, 390 F.Supp. 297 (1975).
Dual employment with city and city board of education violates this charter section. Hughes v. Civ. Serv. Com'n of City of St. Louis, 537 S.W. 2d 814 (1976).
Deputy marshal may not act as bondsman, even while on leave of absence. State ex rel. Wright v. Poelker, 548 S.W. 2d 285 (1977).
Physician, employed by the city, who had already been paid more than the $25,000 charter limit, was not entitled to additional salary allegedly due him. State ex rel. Yen Pen Chou v. Percich, 579 S.W. 2d 765 (1979).
Firemen appointed as "acting captains" for a period of time after passing the competitive examination required for assuming the duties of a captain were not entitled to the wages of a captain. Banta v. City of St. Louis, 662 S.W. 2d 899 (Mo. App. 1983).
Submission Ordinance No. 49101
Submission Ordinance Approved August 9, 1958.
Amendment Substance: repealing Section 8, and enacting new Section 8 with same subject matter, but without specification of maximum $10,000 annual salary limitation.
Voter Rejection Date: November 4, 1958.
Submission Ordinance No. 49230
Submission Ordinance Approved January 30, 1959.
Amendment Substance: amend Section 8, to strike the words "but no salary under the City shall exceed Ten Thousand Dollars per annum" to effect removal of any salary ceiling.
Voter Rejection Date: April 7, 1959.
Submission Ordinance No. 49821
Submission Ordinance Approved March 9, 1960.
Amendment Substance: repealing Section 8, and reenacting same matter regarding salaries of City employees, but raising the maximum annual salary for City employees to $25,000.
Voter Adoption Date: August 2, 1960.
Submission Ordinance No. 55716
Submission Ordinance Approved December 10, 1970.
Amending Ordinance No. 55730
Amending Ordinance Approved December 31, 1970, changing date of election from March 3, 1971, to March 9, 1971.
Amendment Substance: repeal Section 8, as amended, limiting City employee salaries to maximum of $25,000 per year, enact new Section 8 without maximum limitation and providing that City employee salaries to be fixed in amount by ordinance recommended by the Civil Service Commission per Article XVIII, as amended.
Voter Rejection Date: March 9, 1971.
Submission Ordinance No. 56391
Submission Ordinance Approved January 4, 1973.
Amendment Substance: repeal Section 8 fixing maximum City officers and employees annual salary at $25,000, by omission of such stated amount in such Section 8.
Voter Rejection Date: April 3, 1973.
Submission Ordinance No. 57155
Submission Ordinance Approved March 17, 1976.
Amendment Substance: permitting Civil Service Commission to recommend salaries in excess of $25,000 per annum in certain professional administrative or technical positions.
Voter Rejection Date: November 2, 1976.
Submission Ordinance No. 57298
Submission Ordinance Approved February 4, 1977.
Amendment Substance: to amend Charter of the City by eliminating the salary limitation of Article VIII, Section 8, and provide that salaries for all City positions shall be established as provided in Article XVIII of the Charter.
Voter Rejection Date: April 5, 1977.
Submission Ordinance No. 57616
Submission Ordinance Approved June 2, 1978.
Amendment Substance: To amend the Charter of the City by changing the requirements of Section 8 of Article VIII by eliminating the salary limitation of $25,000 and by establishing a salary of $55,000 for the Mayor and $45,000 for the Comptroller, and providing that the salaries of all other officials and employees shall be established by ordinance recommended by the Civil Service Commission, provided that the salary for any other City department head or employee may not exceed the salary of the Comptroller and that the salary of every other City employee may not exceed that of his department head.
Voter Rejection Date: August 8, 1978.
Submission Ordinance No. 58082
Submission Ordinance Approved June 3, 1980.
Amendment Substance: To remove $25,000 limitation on salaries per annum for offices and employees and requiring that salaries for all positions of City services be established as provided in Article VIII of the Charter.
Voter Adoption Date: August 5, 1980.
Submission Ordinance No. 62560
Submission Ordinance Approved April 7, 1992.
Amendment Substance: To allow officers and employees of the city to hold office or employment under the state as a part time teacher, with the approval of the Director of Personnel, in a public educational institution.
Voter Adoption Date: November 3, 1992.
Submission Ordinance No. 64951
Submission Ordinance Approved June 15, 2000.
Amendment Substance: Relating to payment of salaries; the establishment of a maximum salary; additional compensation or employment; conflict of interest in city contracts; and political activity.
Voter Adoption Date: November 7, 2000.
Section 9 Suspension and removal from office.
Any elective officer (except a member of the board of aldermen), and any officer appointed by the mayor to fill any elective office, may be suspended by the mayor and removed by the board of aldermen for cause, three-fourths of all the members of said board voting for such removal. Immediately upon any such suspension the mayor shall notify the board of aldermen of same and within ten days shall file with the board charges in writing against such suspended officer, which with a notice of the time and place of the hearing, shall be served on such officer or published at least three times in a daily newspaper. The hearing shall be public, and such officer shall have the right to appear and defend in person or by counsel, and have process of the board to compel the attendance of witnesses in his behalf. If the board be not in session, the mayor shall immediately call a special session to convene in not less than three nor more than ten days thereafter. If, upon a hearing, such officer be not removed, he shall be immediately reinstated in his office. The vote on such question 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. The clerk of the board shall forthwith certify the action of the board to the mayor. The mayor may appoint some suitable person to fill temporarily such office during the period of any such suspension.
12.229-12.270 Removal, Suspension, Reinstatement
Section 10 Reports by executive boards and heads of departments.
Each executive board and the head of each department or office (except those under the board of public service, who shall report to said board) shall at least annually on a day or days fixed by ordinance make a full report to the mayor of the transactions of such board, department or office for the year and shall furnish to the board of aldermen or mayor at any time such information as either may require.
City Counselor Ops.: 10388
Section 11 Mayor to determine questions as to division of officers' powers.
All questions between officers as to their relative powers and duties shall be determined by the mayor except as in this charter otherwise provided.
Section 12 Devotion of entire times to duties.
All city officers and employees except the mayor, members of the board of aldermen, members of the Mullanphy Board, efficiency board, complaint board, city plan commission, board of engineers, board of examiners of plumbers, board of children's guardians, the board in charge of the zoological park, and such others as may be excepted by ordinance, shall devote their entire time to the duties of their office.
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