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BULLET St. Louis City Revised Code Chapter 4.06 Appointment and Removal

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 4.06
Appointment and Removal

Sections:

4.06.010 Civil service to be followed.
4.06.020 Report of name, position, address and salary.
4.06.030 When officers shall be removed.
4.06.040 Depositions in removal proceedings.
4.06.050 City Counselor to represent City in removal proceeding--Exceptions.
4.06.060 Salary during suspension.

4.06.010 Civil service to be followed.

All officers and employees of the City, except where otherwise provided for in the Charter or by state law, shall be appointed and removed in accordance with and subject to the civil service requirements of the Charter. All heads of all departments and all commissions, boards and officers heretofore having had appointive authority and continuing to have such authority until the adoption date of this code shall continue to be vested with such appointive authority and shall continue to employ the necessary personnel at the rate of compensation fixed by ordinance. Personnel shall be kept to a minimum consistent with the effective administration of the City Government.
(1948 C. Ch. 2 1: 1960 C. 40.010.)

Constitution:

Art. 7 4 Removal of officers not subject to impeachment.

Charter:

Art. VIII 9 Suspension and removal from office.

City Counselor Ops.: 8178

Cases:

Where one is not appointed to a particular office or position, he is not entitled to salary attached to such office or position, notwithstanding he performs some or all of the duties of the office or position. Curry v. City of St. Louis, 183 S.W. 2d 155 (1944).

City ordinance required reinstatement of employees granted leaves of absence to enter army. Feuchter v. City of St. Louis, 210 S.W. 2d 21 (1948).

Where city employee is discharged for cause, either in conformity or in violation of civil service procedure, he has no cause for injunctive relief. State v. Mason, 154 S.W. 2d 67 (1941).

McQuillin:

12.37 et seq. Appointment of officers.

12.250 Removal of subordinates and employees.

4.06.020 Report of name, position, address and salary.

It shall be the duty of the head of each department or office in the City Government on or before the first day of June of each year, to report to the Board of Aldermen the name, position, address and salary of each officer and employee in such department or office as of the thirtieth day of April of such year.
(1948 C. Ch. 2 2: 1960 C. 40.020.)

City Counselor Ops.: 8178

4.06.030 When officers shall be removed.

Any officer of the City who shall refuse, wilfully fail or neglect to perform any duty enjoined upon him by law or ordinance, or shall in the discharge of his official duties be guilty of any fraud, extortion, oppression, favoritism, partiality, wilful wrong or injustice shall be deemed guilty of a misdemeanor and shall be removed from office.
(1948 C. Ch. 47 5: 1960 C. 40.030.)

V.A.M.S.:

106.220 et seq. County and municipal officers--Removal and impeachment.

McQuillin:

12.229 et seq. Removal and suspension of officers

4.06.040 Depositions in removal proceedings.

In cases of proceedings in the Board of Aldermen to remove officers, depositions of witnesses beyond the jurisdiction of the Board or disabled by sickness or other cause from attendance may be read at the trial if taken in conformity with the laws of the state. When taken on behalf of the accused notice shall be served on the City Counselor, if the latter is representing the prosecution.
(1948 C. Ch. 47 39; 1960 C. 40.040.)

4.06.050 City Counselor to represent City in removal proceeding--Exceptions.

Upon such trial, as provided in the preceding section, the City Counselor shall prosecute on behalf of the City unless he be the accused, in which event special counsel shall be employed by the Board of Aldermen.
(1948 C. Ch. 47 40: 1960 C. 40.050.)

4.06.060 Salary during suspension.

No officer shall receive any salary during the time he is suspended by the Mayor nor until the Board of Aldermen shall decide the case.
(1948 C. Ch. 47 41: 1960 C. 40.060.)

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