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BULLET St. Louis City Revised Code Chapter 3.06 Board of Aldermen

St. Louis City Revised Code (annotated) 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 City Revised Code may be obtained from the Register's Office at the St. Louis City Hall.



Chapter 3.06
Board of Aldermen

Sections:

3.06.010 Election.
3.06.020 Annual session.
3.06.030 Special sessions.
3.06.040 Resignations.
3.06.050 Vacancies--Filling by general election.
3.06.090 Compensation.
3.06.100 Officers.
3.06.110 Rules and regulations--Prescribing duties.
3.06.120 Removal of salaried officers.
3.06.130 Subpoenas--Authority of commit-tees--Service.
3.06.140 Subpoenas--Authority of commit-tees--Failure to appear--Issuance of writ of attachment--Fine.
3.06.150 Subpoenas--Authority of commit-tees--Contempt--Warrant--Penalty.
3.06.160 Subpoenas--Authority of Board.
3.06.180 Clerk of the Board of Aldermen duties.
3.06.190 Assistant Clerk.
3.06.220 Secretary of the President of the Board--Appointment.
3.06.230 Secretary of the President of the Board--Duties.
3.06.240 Executive Secretary--Position created.
3.06.245 Executive Secretary--Duties.
3.06.250 Sergeant-at-arms.
3.06.260 Office of Legislative Research--Director.
3.06.270 Office of Legislative Research--Appointment of secretary.
3.06.280 Counsel to the Board--Quali-fication.
3.06.290 Counsel to the Board--Duties.
3.06.300 Contingency fund--Control--Review.
3.06.310 Contingency fund--Use.

Chambers in city hall, see 3.56.030

President

Ex officio member of athletic commission, see 3.58.010

To serve on:

Convention and exhibition center commission see 3.62.020

Convention and tourism bureau, see 3.64.010

Municipal auditorium commission, see 3.56.150

Municipal bridge commission, see 3.70.010

Soldiers' memorial building commission, see 3.56.290

Salaries of employees, see Ch. 4.22

To serve on:

Agency on training and employment, see 3.78.030

Athletic commission, see 3.58.010

Commission on crime and law enforcement, see 3.66.020

Community development commission, see 3.48.100

Convention and exhibition center commission, see 3.62.020

Executive board of model city agency, see 3.46.050

Municipal auditorium commission, see 3.56.150

Soldiers' memorial building commission, see 3.56.290

Youth commission, see 3.76.010

Charter:

Art. IV Board of Aldermen

Cases:

St. Louis Charter, Art. 4 1 and 23, vesting legislative power in board of aldermen does not deny or limit power of voters under Art. 5 1 of the charter. State v. Niller, 185 S.W. 504 (1926).

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).

3.06.010 Election.

At the general City election in 1915, one alderman each from wards, one, three, five, seven, nine, eleven, thirteen, fifteen, seventeen, nineteen, twenty-one, twenty-three, twenty-five, and twenty-seven shall be elected for a term of two years, and at the same election, and every four years thereafter, one alderman each from wards two, four, six, eight, ten, twelve, fourteen, sixteen, eighteen, twenty, twenty-two, twenty-four, twenty-six and twenty-eight, 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 each from wards one, three, five, seven, nine, eleven, thirteen, fifteen, seventeen, nineteen, twenty-one, twenty-three, twenty-five and twenty-seven, shall be elected each for a term of four years.
(1948 C. Ch. 2 12: 1960 C. 11.010.)

Charter:

Art. II 3, 4 Election of aldermen

City Counselor Ops.: 8027, 8178, 8857, 10291

Cases:

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).

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).

3.06.020 Annual session.

One session of the Board of Aldermen shall be held annually, beginning on the third Tuesday of April, at the hour of eleven a.m.
(1948 C. Ch. 2 13: 1960 C. 11.020.)

City Counselor Ops.: 8178, 8857, 10291

3.06.030 Special sessions.

The Mayor may, by proclamation, call special sessions of the Board of Aldermen, giving three days' notice thereof, and shall specifically state by a message in writing to the Board of Aldermen when assembled, by such proclamation, the object for which the special session has been called, and the action of the Board of Aldermen, during the special session shall be confined to such object. The notice shall be given in a newspaper of general circulation published in the City. Upon the issuance of the proclamation the clerk of the Board of Aldermen shall send written notice thereof to the members of the Board.
(1948 C. Ch. 2 14: 1960 C. 11.030.)

City Counselor Ops.: 8178, 8857, 9857, 10291

3.06.040 Resignations.

Resignation by a member of the Board of Aldermen shall be addressed to the presiding officer of the Board.
(1948 C. Ch. 2 15: 1960 C. 11.040.)

City Counselor Ops.: 8178, 8857, 10291

3.06.050 Vacancies--Filling by general election.

A. Presidency. Any vacancy occurring in the Board of Aldermen in the office of the president thereof, otherwise than by the 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.

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.

Cases:

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 (1944).

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).

Editor's Note:

Ord. 56672, which amended Section 5, Article IV of the Charter, changed the time requiring election to fill vacancies in the board of aldermen from 60 days to 180 days before a next city general election.
(Amended during 6/02 supplement; Ord. 55211 1, 1969; Ord. 53994 2, 1966: 1948 C. Ch. 2 16: 1960 C. 11.050.)

City Counselor Ops.: 8178, 8857, 10291

3.06.090 Compensation.

When hereafter qualified, each member of the Board of Aldermen, except the President, shall receive annually for his or her services during his or her term of office the sum of eighteen thousand five hundred ($18,500) dollars, and may, upon authorization or approval by the Board of Aldermen, be paid his or her reasonable expense incurred in such service. Whenever a member of said Board, other than the President, is absent from two (2) meetings, that member shall forfeit fifty ($50) dollars of his or her salary, unless that member's absence is excused on motion stating the cause thereof and adopted by the majority of the members present, provided that forfeitures of any one member shall not exceed fifteen hundred ($1,500) dollars in any one year.
(Ord. 60347 2, 1987: prior Ord. 57509 1, 1978: Ord. 55267 1; 1969: Ord. 49825 1, 1960: Ord. 45564 1, 1951: 1948 C. Ch. 2 20: 1960 C. 11.090.)

Editor's Note:

The singular possessive pronoun "his" or "her" has been substituted for "their" as used in Ordinance 60347.

City Counselor Ops.: 8178, 8857, 9863, 10291

3.06.100 Officers.

The Officers of the Board of Aldermen shall be a President who shall be elected by the qualified voters of the city on the first Tuesday of April every four years after the year 1915; a nonsalaried vice-president; a clerk; an assistant clerk; an administrative assistant; a sergeant-at-arms; three secretaries; a receptionist/typist; a custodian and a counsel to the Board of Aldermen each of whom, except the President, shall be appointed by the Board of Aldermen.
(Ord. 59577 2 (part), 1985: prior Ord. 59513 2 (part), 1985: Ord. 58707 3 (part), 1982: Ord. 58208 2 (part), 1981: prior Ord. 57028 3, 1975: 1948 C. Ch. 2 17: 1960 C. 11.060.)

City Counselor Ops.: 8178, 8856, 10253, 10291

3.06.110 Rules and regulations--Prescribing duties.

The Board of Aldermen may, subject to the provisions of the Charter, determine the rules of its own proceedings, and may adopt such rules and regulations for its own organization and the appointment of all standing committees, as is shall deem expedient and may prescribe the duties of all its officers and committees, respectively, not inconsistent herewith or with the Charter. No committee or member thereof shall have the right to assume or perform any executive duties, either in the execution of ordinances, in the settlement of claims or in any other manner.
(1948 C. Ch. 2 22: 1960 C. 11.100.)

City Counselor Ops.: 8178, 8857, 10095, 10291

3.06.120 Removal of salaried officers.

The Board of Aldermen may, by a vote of a majority of its members, remove any of its salaried officers and employees except the President, his Secretary and the Administrative Assistant and Administrative Aide appointed by him to serve at his pleasure.
(Ord. 59577 2 (part), 1985: prior Ord. 59513 2 (part), 1985: Ord. 58707 3 (part), 1982: 1948 C. Ch. 2 23: 1960 C. 11.110.)

City Counselor Ops.: 8178, 8857, 10291

3.06.130 Subpoenas--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 presiding officer, or, in case of his absence or inability to act, by the acting presiding officer 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 Marshal 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.
(1948 C. Ch. 2 24: 1960 C. 11.120.)

City Counselor Ops.: 8768, 10913

Cases:

Board of aldermen has power to subpoena witnesses and to fix license taxes for gas companies. Ex parte Halman, 191 S.W. 1112, 197 Mo. App. 70 (1917).

3.06.140 Subpoenas--Authority of committees--Failure to appear--Issuance of writ of attachment--Fine.

In case any person named in any writ, under the provisions of Section 3.06.130, 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 returned to the chairman of the committee by the Sergeant-at-arms or the City Marshal, 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.
(1948 C. Ch. 2 25: 1960 C. 11.130.)

3.06.150 Subpoenas--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 presiding officer, 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 ten days or by both such fine and imprisonment. Any person fined under the provisions of this chapter shall, on default of payment thereof, be committed to the City Jail for the term of ten days.
(1948 C. Ch. 2 26: 1960 C. 11.140.)

3.06.160 Subpoenas--Authority of 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 this chapter in cases of investigation before committees. Every writ or warrant shall be signed by the presiding officer or acting presiding officer and attested by the Clerk of the Board and be returnable to the presiding officer or acting presiding officer. All penalties provided in this chapter shall apply and obtain in cases of investigation made under the provisions of this section.
(1948 C. Ch. 2 27: 1960 C. 11.150.)

3.06.180 Clerk of the Board of Aldermen duties.

It shall be the duty of the Clerk of the Board of Aldermen to:

A. Keep a correct, full and explicit record of the proceedings of the Board of Aldermen;

B. Prepare and furnish to the newspaper doing the city printing as soon as may be after each meeting of the Board of Aldermen, an abstract of its proceedings, revised by the presiding officer, for publication;

C. File and preserve all papers and documents belonging to the Board of Aldermen, and upon them shall be endorsed a succinct history of all proceedings thereon;

D. Prepare copies of all resolutions and transmit them to the persons therein designated;

E. Keep in tabular form a synopsis of the proceedings of each meeting, showing the terms, number of each petition, resolution and bill presented, and by whom introduced, the substance of each petition and resolution and the title of each bill; the date when the same was introduced, and of the second and third readings, passage or rejection, enrollment, approval or veto; of the registered number of bills; also of the reference of all documents, to whom referred and when reported, together with such other of the proceedings, if any of which it may be deemed necessary to preserve a brief history and to furnish an index thereto; all of which shall be, at the expiration of each term, printed for the use of the members of the Board of Aldermen and City officers;

F. Make requisitions, as described by ordinance for requisitions for such articles as are required in the department under his charge, shall make out the payrolls of members and officers of the Board of Aldermen and the employees under the Board, and shall certify in proper form all vouchers drawn on the respective funds;

G. Perform other duties appertaining to his office as may be required of him or as may be necessary to systematize the business and promote the efficiency thereof.
(1948 C. Ch. 2 28, 31: 1960 C. 11.160, 11.190.)

For duty of clerk to prepare copies of ordinances for publication in City Journal, see Section 3.52.110.

City Counselor Ops.: 8178, 8857, 9230, 10291

3.06.190 Assistant Clerk.

The Assistant Clerk shall perform such duties as he shall be directed to perform by the Clerk of the Board of Aldermen and shall act, in case of the absence, disability or failure of the Clerk to act.
(1948 C. Ch. 2 29: 1960 C. 11.170.)

City Counselor Ops.: 8178, 8857, 10291

3.06.220 Secretary of the President of the Board--Appointment.

The President of the Board of Aldermen is authorized to appoint a secretary to serve at his pleasure.
(Ord. 55651 1, 1970.)

3.06.230 Secretary of the President of the Board--Duties.

The Secretary of the President of the Board of Aldermen shall perform secretarial duties connected with the office of President as may be directed by him, shall be entitled to all privileges awarded other employees of the Board of Aldermen, and shall assist, if requested by other members of the Board of Aldermen and upon direction of the President, with other office work performed in the aldermanic chambers.
(Ord. 55651 2, 1970.)

3.06.240 Executive Secretary--Position created.

There is hereby created the position of Executive Secretary to the Board of Aldermen and stating duties therefor as set out in Section 3.06.245.
(Ord. 60237 1, 1987.)

3.06.245 Executive Secretary--Duties.

The Executive Secretary to the Board of Aldermen shall primarily be assigned to serve as Confidential Secretary to the Vice-President of the Board of Aldermen, Majority Floor Leader, Minority Floor Leader, Assistant Majority Floor Leader, the Clerk of the Board of Aldermen and shall perform such other and additional duties under the direction of the Clerk as deemed necessary and appropriate.
(Ord. No. 68057, 2, 7-11-2008: prior: Ord. 60237 2, 1987.)

3.06.250 Sergeant-at-arms.

It shall be the duty of the Sergeant-at-arms to attend all meetings of the Board of Aldermen, to take care of the chamber and perform other duties as the Board of Aldermen shall require by rule or otherwise.
(1948 C. Ch. 2 30: 1960 C. 11.180.)

City Counselor Ops.: 8178, 8857, 10291

3.06.260 Office of Legislative Research--Director.

There shall be an Office of Legislative Research for the Board of Aldermen with a director to serve at the pleasure of said Board.
(Ord. 57660 1, 1978.)

3.06.270 Office of Legislative Research--Appointment of secretary.

The Director of the Office of Legislative Research shall appoint a secretary with the approval of the Board, to serve at the pleasure of the director.
(Ord. 57660 2, 1978.)

3.06.280 Counsel to the Board--Qualification.

There is hereby established, within the Table of Organization of the Board of Aldermen, the Office of Counsel to the Board of Aldermen, which shall be engaged by an attorney, licensed to practice before the highest court in this State, and shall have graduated from an accredited law school located within the United States of America.
(Ord. 59577 3, 1985: prior: Ord. 59513 3, 1985.)

3.06.290 Counsel to the Board--Duties.

The Counsel to the Board of Aldermen shall handle the legal matters of the Board, such special projects as requested, which duties shall include are limited to representing the Board and its members in litigation and such other special duties and assignments as shall be authorized. The Personnel Committee of the Board shall review the areas of endeavor requested of its Counsel.
(Ord. 59577 4, 1985: prior: Ord. 59513 4, 1985.)

3.06.300 Contingency fund--Control--Review.

There is hereby authorized a legal contingency fund in the sum of twenty-five thousand dollars ($25,000), which said fund is assigned to and will be under the control of the Counsel for the Board of Aldermen. The Personnel Committee of the Board of Aldermen having supervision and responsibility for discharge of aldermanic staff duties shall establish a review and monitoring procedure concerning the use and expenditures of any funds drawn against the Contingency Fund by the Counsel for the Board of Aldermen.
(Ord. 59577 5, 1985: prior: Ord. 59513 5, 1985.)

3.06.310 Contingency fund--Use.

The contingency fund hereby established shall be used to sustain the cost of litigations authorized to be filed on behalf of the Board of Aldermen and to sustain expenses directly necessary and incidental to the duties of the Counsel for the Board of Aldermen.
(Ord. 59577 6, 1985: prior: Ord. 59513 6, 1985.)

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