TITLE I. GOVERNMENT CODE
CHAPTER 100: GENERAL PROVISIONS
ARTICLE I. CITY OF THE FOURTH CLASS
SECTION 100.005: CHANGE FROM VILLAGE TO CITY OF FOURTH CLASS
SECTION 100.005: CHANGE FROM VILLAGE TO CITY OF FOURTH CLASS
A. The citizens of the Village of Goodman voted on November 6, 1956, in favor of a proposition of incorporating the Village into a City of the Fourth Class by a vote of seventy-two (72) to two (2). The said election was duly held in accordance with the provisions of the Revised Statutes of the State of Missouri and said returns, together with a copy of the poll book, had been transmitted to the County Clerk of McDonald County, Missouri, and said County Court has incorporated the Village of Goodman, Missouri, into a City of the Fourth Class, now therefore.
In the future all business shall be transacted under the name of the City of Goodman, Missouri, and that the Chairman of the Board of Trustees shall be known as the acting Mayor and that the other trustees now holding office shall be know as Aldermen.
B. The ordinances of the City of Goodman, Missouri, shall be revised by the Board of Aldermen and said ordinances, when revised, shall be declared to be the Revised Ordinances of the City of Goodman, Missouri, and will be published by authority of the Board of Aldermen of said
City. (Ord. No. I Art. II §1, 11-6-56)
ARTICLE II. CITY INCORPORATION AND SEAL
SECTION 100.010: MUNICIPAL INCORPORATION
The inhabitants of the City of Goodman, as its limits now are or may hereafter be defined by law, shall be and continue a body corporate by the name of “The City of Goodman” and as such shall have perpetual succession, may sue and be sued, implead and be impleaded, defend and be defended in all courts of law and equity and in all actions whatever; may receive and hold property, both real and personal, within such City and may purchase, receive and hold real estate within or without such City for the burial of the dead; and may purchase, hold, lease, sell or otherwise dispose of any property, real or personal, it now owns or may hereafter acquire; may receive bequests, gifts and donations of all kinds of property; and may have and hold one (1) common Seal and may break, change or alter the same at pleasure; and may do any act, exercise any power and render any service which contributes to the general welfare, and all courts of this State shall take judicial notice thereof.
SECTION 100.020: CITY SEAL
A. The Seal of the City of Goodman shall be circular in form, one and seven-eighths (1 7/8) inches in diameter, with the words “McDonald County, Missouri” engraved across the face thereof, and the words “Seal of the City of Goodman” engraved on the face thereof and near the outer edge of said Seal, and the same is hereby declared to be adopted as the Seal of the City of Goodman.
B. The City Clerk shall be the keeper of the common Seal of the City of Goodman, and any impression of said Seal to any contract or other writing shall have no validity or binding obligation upon the City unless such impression be accompanied by the attestation and signature of the City Clerk, and then only in cases authorized by law or the ordinances of this City.
ARTICLE III. GENERAL CODE PROVISIONS
SECTION 100.030: CONTENTS OF CODE
This Code contains all ordinances of a general and permanent nature of the City of Goodman, Missouri, and includes ordinances dealing with municipal administration, municipal elections, building and property regulation, business and occupations, health and sanitation, public order and similar subjects.
SECTION 100.040: CITATION OF CODE
This Code may be known and cited as the “Municipal Code of the City of Goodman, Missouri”.
SECTION 100.050: OFFICIAL COPY OF CODE
The Official Copy of this Code, bearing the signature of the Mayor and attestation of the City Clerk as to its adoption, shall be kept on file in the office of the City Clerk. Two (2) additional copies of this Code shall be kept in the City Clerk’s office available for public inspection.
SECTION 100.060: ALTERING OR AMENDING CODE
A. It shall be unlawful for any person to change or amend by additions or deletions any part or portion of this Code, or to insert or delete pages or portions thereof, or to alter or tamper with such Official Copy of the Code in any manner whatsoever which will cause the law of the City to be misrepresented thereby. Any person, firm or corporation violating this Section shall be punished as provided in Section 100.220 of this Code.
B. This provision shall not apply to amendments, additions or deletions to this Code, duly passed by the Board of Aldermen, which may be prepared by the City Clerk for insertion in this Code.
SECTION 100.070: NUMBERING OF CODE
Each Section number of this Code shall consist of two (2) parts separated by a period; the figure before the period referring to the Chapter number, and the figure after the period referring to the position of the Section in the Chapter.
SECTION 100.080: DEFINITIONS AND RULES OF CONSTRUCTION
A. In the construction of this Code and of all other ordinances of the City, the following definitions shall be observed, unless it shall be otherwise expressly provided in any Section or ordinance, or unless inconsistent with the manifest intent of the Board of Aldermen, or unless the context clearly requires otherwise:
BOARD OF ALDERMEN: The Board of Aldermen of the City of Goodman, Missouri.
CERTIFIED MAIL OR CERTIFIED MAIL WITH RETURN RECEIPT REQUESTED: Includes certified mail carried by the United States Postal Service or any parcel or letter carried by an overnight, express or ground delivery service that allows a sender or recipient to electronically track its location and provides record of the signature of the recipient.
CITY: The words “the City” or “this City” or “City” shall mean the City of Goodman, Missouri.
COUNTY: The words “the County” or “this County” or “County” shall mean the County of McDonald, Missouri.
DAY: A day of twenty-four (24) hours beginning at 12:00 Midnight.
MAY: Is permissive.
MAYOR: An officer of the City known as the Mayor of the Board of Aldermen of the City of Goodman, Missouri.
MONTH: A calendar month.
OATH: Includes an affirmation in all cases in which an affirmation may be substituted for an oath, and in such cases the words “swear” and “sworn” shall be equivalent to the words “affirm” and “affirmed”.
OWNER: The word “owner”, as applied to a building or land, shall include any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety of the whole or a part of such building or land.
PERSON: May extend and be applied to bodies politic and corporate and to partnerships and other unincorporated associations.
PERSONAL PROPERTY: Includes money, goods, chattels, things in action and evidences of debt.
PRECEDING, FOLLOWING: When used by way of reference to any Section of this Code, shall mean the Section next preceding or next following that in which the reference is made, unless some other Section is expressly designated in the reference.
PROPERTY: Includes real and personal property.
PUBLIC WAY: Includes any street, alley, boulevard, parkway, highway, sidewalk or other public thoroughfare.
REAL PROPERTY: The terms “real property”, “premises”, “real estate” or “lands” shall be deemed to be co-extensive with lands, tenements and hereditaments.
SHALL: Is mandatory.
SIDEWALK: That portion of the street between the curb line and the adjacent property line which is intended for the use of pedestrians.
STATE: The words “the State” or “this State” or “State” shall mean the State of Missouri.
STREET: Includes any public way, highway, street, avenue, boulevard, parkway, alley or other public thoroughfare, and each of such words shall include all of them.
TENANT, OCCUPANT: The words “tenant” or “occupant”, applied to a building or land, shall include any person who occupies the whole or a part of such building or land, whether alone or with others.
WRITING, WRITTEN, IN WRITING AND WRITING WORD FOR WORD: Includes printing, lithographing, or other mode of representing words and letters, but in all cases where the signature of any person is required, the proper handwriting of the person, or his/her mark, is intended.
YEAR: A calendar year, unless otherwise expressed, and the word “year” shall be equivalent to the words “year of our Lord”.
B. Newspaper. Whenever in this Code or other ordinance of the City it is required that notice be published in the “official newspaper” or a “newspaper of general circulation published in the City”, and if there is no newspaper published within the City, the said notice shall be published in a newspaper of general circulation within the City, regardless of its place of publication. Such newspaper shall not include an advertising circular or other medium for which no subscription list is maintained.
SECTION 100.090: WORDS AND PHRASES?HOW CONSTRUED
Words and phrases shall be taken in their plain or ordinary and usual sense, but technical words and phrases having a peculiar and appropriate meaning in law shall be understood according to their technical import.
SECTION 100.100: HEADINGS
The headings of the Chapters and Sections of this Code are intended as guides and not as part of this Code for purposes of interpretation or construction.
SECTION 100.110: CONTINUATION OF PRIOR ORDINANCES
The provisions appearing in this Code, so far as they are in substance the same as those of ordinances existing at the time of the adoption of this Code, shall be considered as a continuation thereof and not as new enactments.
SECTION 100.120: EFFECT OF REPEAL OF ORDINANCE
No offense committed and no fine, penalty or forfeiture incurred, or prosecution commenced or pending previous to or at the time when any ordinance provision is repealed or amended, shall be affected by the repeal or amendment, but the trial and punishment of all such offenses and the recovery of the fines, penalties or forfeitures shall be had, in all respects, as if the provision had not been repealed or amended, except that all such proceedings shall be conducted according to existing procedural laws.
SECTION 100.130: REPEALING ORDINANCE REPEALED?FORMER ORDINANCE NOT REVIVED?WHEN
When an ordinance repealing a former ordinance, clause or provision is itself repealed, it does not revive the former ordinance, clause or provision, unless it is otherwise expressly provided; nor shall any ordinance repealing any former ordinance, clause or provision abate, annul or in anywise affect any proceedings had or commenced under or by virtue of the ordinance so repealed, but the same is as effectual and shall be proceeded on to final judgment and termination as if the repealing ordinance had not passed, unless it is otherwise expressly provided.
SECTION 100.140: SEVERABILITY
It is hereby declared to be the intention of the Board of Aldermen that the Chapters, Sections, paragraphs, sentences, clauses and phrases of this Code are severable, and if any phrase, clause, sentence, paragraph, Section or Chapter of this Code shall be declared unconstitutional or otherwise invalid by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, Sections and Chapters of this Code since the same would have been enacted by the Board of Aldermen without the incorporation in this Code of any such unconstitutional or invalid phrase, clause, sentence, paragraph or Section.
SECTION 100.150: TENSE
Except as otherwise specifically provided or indicated by the context, all words used in this Code indicating the present tense shall not be limited to the time of adoption of this Code but shall extend to and include the time of the happening of any act, event or requirement for which provision is made herein, either as a power, immunity, requirement or prohibition.
SECTION 100.160: NOTICE
Whenever notice may be required under the provisions of this Code or other City ordinance, the same shall be served in the following manner:
1. By delivering the notice to the person to be served personally or by leaving the same at his/her residence, office or place of business with some person of his/her family over the age of fifteen (15) years;
2. By mailing said notice by certified or registered mail to such person to be served at his/her last known address; or
3. If the person to be served is unknown or may not be notified under the requirements of this Section, then by posting said notice in some conspicuous place at least five (5) days before the act or action concerning which the notice is given is to take place. No person shall interfere with, obstruct, mutilate, conceal or tear down any official notice or placard posted by any City Officer, unless permission is given by said officer.
SECTION 100.170: NOTICE?EXCEPTIONS
The provisions of the preceding Section shall not apply to those Chapters of this Code wherein there is a separate definition of notice.
SECTION 100.180: COMPUTATION OF TIME
In computing any period of time prescribed or allowed by this Code or by a notice or order issued pursuant thereto, the day of the act, event or default after which the designated period of time begins to run is not to be included. The last day of the period so computed is to be included unless it is a Saturday, Sunday or a legal holiday, in which event the period runs until the end of the next day which is neither a Saturday, Sunday nor a legal holiday. When the period of time prescribed or allowed is less than seven (7) days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation.
SECTION 100.190: GENDER
When any subject matter, party or person is described or referred to by words importing the masculine, females as well as males, and associations and bodies corporate as well as individuals, shall be deemed to be included.
SECTION 100.200: JOINT AUTHORITY
Words importing joint authority to three (3) or more persons shall be construed as authority to a majority of such persons unless otherwise declared in the law giving the authority.
SECTION 100.210: NUMBER
When any subject matter, party or person is described or referred to by words importing the singular number, the plural and separate matters and persons and bodies corporate shall be deemed to be included; and when words importing the plural number are used, the singular shall be included.
ARTICLE IV. PENALTY
SECTION 100.220: GENERAL PENALTY
A. Whenever in this Code or any other ordinance of the City, or in any rule, regulation, notice or order promulgated by any officer or agency of the City under authority duly vested in him/her or it, any act is prohibited or is declared to be unlawful or an offense, misdemeanor or ordinance violation or the doing of any act is required or the failure to do any act is declared to be unlawful or an offense or a misdemeanor or ordinance violation, and no specific penalty is provided for the violation thereof, upon conviction of a violation of any such provision of this Code or of any such ordinance, rule, regulation, notice or order, the violator shall be punished by a fine not exceeding five hundred dollars ($500.00) or by imprisonment in the City or County Jail not exceeding ninety (90) days, or by both such fine and imprisonment; provided, that in any case wherein the penalty for an offense is fixed by a Statute of the State, the statutory penalty, and no other, shall be imposed for such offense, except that imprisonments may be in the City prison or workhouse instead of the County Jail.
B. Every day any violation of this Code or any other ordinance or any such rule, regulation, notice or order shall continue shall constitute a separate offense.
C. Whenever any act is prohibited by this Code, by an amendment thereof, or by any rule or regulation adopted thereunder, such prohibition shall extend to and include the causing, securing, aiding or abetting of another person to do said act. Whenever any act is prohibited by this Code, an attempt to do the act is likewise prohibited.
SECTION 100.230: RESERVED
Editor’s Note?Section 100.230 “work/construction zone?fine” was removed from the text herein. As a result of 2006 amendments to sections 304.580 to 304.585, RSMo., the language of these sections has become so encumbered that we believe them better dealt with at a state level.
CHAPTER 105: ELECTIONS
ARTICLE I. IN GENERAL
SECTION 105.010: CONFORMANCE OF CITY ELECTIONS WITH STATE LAW
All City elections shall be conducted and held in conformance with the provisions of Chapter 115, RSMo.
SECTION 105.020: DATE OF MUNICIPAL ELECTION
A. A municipal election for the qualified voters of this City shall be held on the first (1st) Tuesday after the first (1st) Monday in April of each year.
B. On the first (1st) Tuesday after the first (1st) Monday in April of odd-numbered years, a municipal election of the qualified voters of the City of Goodman shall be held for the purpose of electing a Mayor who shall hold his/her office for a term of two (2) years and until his/her successor is elected and qualified.
C. On the first (1st) Tuesday after the first (1st) Monday in April of odd-numbered years, a municipal election of the qualified voters of the City of Goodman shall be held for the purpose of electing one (1) Alderman from each ward who shall hold his/her office for a term of two (2) years and until his/her successor is elected and qualified.
D. On the first (1st) Tuesday after the first (1st) Monday in April of even-numbered years, a municipal election of the qualified voters of the City of Goodman shall be held for the purpose of electing one (1) Alderman from each ward who shall hold his/her office for a term of two (2) years and until his/her successor is elected and qualified.
E. On the first (1st) Tuesday after the first (1st) Monday in April of odd-numbered years, a municipal election of the qualified voters of the City of Goodman shall be held for the purpose of electing a Collector who shall hold office for a term of two (2) years and until his/her successor is elected and qualified.
F. On the first (1st) Tuesday after the first (1st) Monday in April of even-numbered years, a municipal election of the qualified voters of the City of Goodman shall be held for the purpose of electing a Municipal Judge who shall hold office for a term of two (2) years and until his/her successor is elected and qualified. (Ord. No. I Art. IV §1, 11-6-56)
SECTION 105.030: DECLARATION OF CANDIDACY DATES FOR FILING
Any person who desires to become a candidate for an elective City office at the general City election shall file with the City Clerk, not prior to the hour of 8:00 A.M. on the sixteenth (16th) Tuesday prior to, nor later than 5:00 P.M. on the eleventh (11th) Tuesday prior to the next Citymunicipal election, a written declaration of his/her intent to become a candidate at said election. The City Clerk shall keep a permanent record of the names of the candidates, the offices for which they seek election, and the date of their filing, and their names shall appear on the ballots in that order.
SECTION 105.035: CANDIDATES FOR MUNICIPAL OFFICE )NO ARREARAGE FOR MUNICIPAL TAXES OR USER FEES PERMITTED
No person shall be a candidate for municipal office unless such person complies with the provisions of Section 115.346, RSMo., regarding payment of municipal taxes or user fees.
Editor’s Note -As to disqualification for arrearage or delinquency in taxes and bonding requirements, §115.342, RSMo.
SECTION 105.040: DECLARATION OF CANDIDACY -NOTICE TO PUBLIC
The City Clerk shall, on or before the sixteenth (16th) Tuesday prior to any election at which City offices are to be filled by said election, notify the general public of the opening filing date, the office or offices to be filled, the proper place for filing, and the closing filing date of the election. Such notification may be accomplished by legal notice published in at least one (1) newspaper of general circulation in the City.
SECTION 105.050: DECLARATION OF CANDIDACY-FORM
The form of said written declaration of candidacy shall be substantially as follows:
DECLARATION OF CANDIDACY
STATE OF MISSOURI )
) SS
COUNTY OF MCDONALD )
I, ______________________, being first duly sworn, state that I reside at , City of Goodman,County of McDonald, Missouri; that I am a qualified voter; that I do hereby declare myself a candidate for the office of__________________ , to be voted upon at the municipal election to be held on the first (1st) Tuesday after the first (1st) Monday in April, ________________, and I meet all the qualifications required of a candidate for said office, and I hereby request that my name be printed upon the official ballot for said election for said office and state that I will serve as such officer, if elected.
Signed:
__________________
Subscribed and sworn to before me this_______ day of ___________,________ .
__________________
City Clerk
City of Goodman
(S E A L)
SECTION 105.060: NOTICE OF ELECTIONS
In City elections, the City Clerk shall notify the County Clerk prior to 5:00 P.M. on the tenth (10th) Tuesday prior to any City election except as noted in Section 115.125.1, RSMo. The notice shall be in writing, shall specify that the Board of Aldermen is calling the election, the purpose of the election, the date of the election, and shall include a certified copy of the legal notice to be published including the sample ballot. The notice and any other information required by this Section may, with the prior notification to the election authority receiving the notice, be accepted by facsimile transmission prior to 5:00 P.M. on the tenth (10th) Tuesday prior to the election, provided that the original copy of the notice and a certified copy of the legal notice to be published shall be received in the office of the election authority within three (3) business days from the date of the facsimile transmission.
ARTICLE II. WARDS
SECTION 105.070: WARDS ESTABLISHED
A. Ward Number One (North Ward). All that part of the City of Goodman, Missouri, lying north of a line running approximately east and west to the City limits through the center of a street know as Missouri Highway C hereafter shall compose and be described as Ward One.
B. Ward Number Two (South Ward). All that part of the City of Goodman, Missouri, lying south of said line shall hereinafter compose and be described as Ward Two. (Ord. No. I Art. III, 11-6-56; Ord. No. 128 §1, 3-4-72)
CHAPTER 110: MAYOR AND BOARD OF ALDERMEN
ARTICLE I. MAYOR AND BOARD OF ALDERMEN?GENERALLY
SECTION 110.010: ALDERMEN QUALIFICATIONS
No person shall be an Alderman unless he/she be at least twenty-one (21) years of age, a citizen of the United States, and an inhabitant and resident of the City for one (1) year next preceding his/her election, and a resident, at the time he/she files and during the time he/she serves, of the ward from which he/she is elected.
SECTION 110.020: MAYOR QUALIFICATIONS
No person shall be Mayor unless he/she be at least twenty-five (25) years of age, a citizen of the United States, and a resident of the City at the time of and for at least one (1) year next preceding his/her election.
SECTION 110.030: BOARD TO SELECT AN ACTING PRESIDENT TERM
The Board shall elect one (1) of their own number who shall be styled “Acting President of the Board of Aldermen” and who shall serve for a term of one (1) year.
SECTION 110.040: ACTING PRESIDENT TO PERFORM DUTIES OF MAYOR WHEN
When any vacancy shall happen in the office of Mayor by death, resignation, removal from the City, removal from office, refusal to qualify, or from any other cause whatever, the Acting President of the Board of Aldermen shall, for the time being, perform the duties of Mayor, with all the rights, privileges, powers and jurisdiction of the Mayor, until such vacancy be filled or such disability be removed or, in case of temporary absence, until the Mayor’s return.
SECTION 110.050: MAYOR AND BOARD DUTIES
The Mayor and Board of Aldermen of each City governed by this Chapter shall have the care, management and control of the City and its finances and shall have power to enact and ordain any and all ordinances not repugnant to the Constitution and laws of this State, and such as they shall deem expedient for the good government of the City, the preservation of peace and good order, the benefit of trade and commerce, and the health of the inhabitants thereof, and such other ordinances, rules and regulations as may be deemed necessary to carry such powers into effect and to alter, modify or repeal the same.
SECTION 110.060: MAYOR MAY SIT IN BOARD
The Mayor shall have a seat in and preside over the Board of Aldermen but shall not vote on any question except in case of a tie, nor shall he/she preside or vote in cases when he/she is an interested party. He/she shall exercise a general supervision over all the officers and affairs of the City and shall take care that the ordinances of the City, and the State laws relating to such City, are complied with.
SECTION 110.070: ORDINANCES?PROCEDURE TO ENACT
The style of the ordinances of the City shall be: “Be it ordained by the Board of Aldermen of the City of Goodman, as follows:” No ordinance shall be passed except by bill, and no bill shall become an ordinance unless on its final passage a majority of the members elected to the Board of Aldermen shall vote for it, and the “ayes” and “nays” be entered on the journal. Every proposed ordinance shall be introduced to the Board of Aldermen in writing and shall be read by title or in full two (2) times prior to passage, both readings may occur at a single meeting of the Board of Aldermen. If the proposed ordinance is read by title only, copies of the proposed ordinance shall be made available for public inspection prior to the time the bill is under consideration by the Board of Aldermen. No bill shall become an ordinance until it shall have been signed by the Mayor, or person exercising the duties of the Mayor’s office, or shall have been passed over the Mayor’s veto as herein provided.
SECTION 110.080: BILLS MUST BE SIGNED?MAYOR’S VETO
Every bill duly passed by the Board of Aldermen and presented to the Mayor and by him/her approved shall become an ordinance, and every bill presented as aforesaid, but returned with the Mayor’s objections thereto, shall stand reconsidered. The Board of Aldermen shall cause the objections of the Mayor to be entered at large upon the journal and proceed at its convenience to consider the question pending, which shall be in this form: “Shall the bill pass, the objections of the Mayor thereto notwithstanding?” The vote on this question shall be taken by “ayes” and “nays” and the names entered upon the journal, and if two-thirds (2/3) of all the members-elect shall vote in the affirmative, the City Clerk shall certify the fact on the roll, and the bill thus certified shall be deposited with the proper officer and shall become an ordinance in the same manner and with like effect as if it had received the approval of the Mayor. The Mayor shall have power to sign or veto any ordinance passed by the Board of Aldermen; provided, that should he/she neglect or refuse to sign any ordinance and return the same with his/her objections, in writing, at the next regular meeting of the Board of Aldermen, the same shall become a law without his/her signature.
SECTION 110.090: BOARD TO KEEP JOURNAL OF PROCEEDINGS
The Board of Aldermen shall cause to be kept a journal of its proceedings, and the “ayes” and “nays” shall be entered on any question at the request of any two (2) members. The Board of Aldermen may prescribe and enforce such rules as it may find necessary for the expeditious transaction of its business.
SECTION 110.100: BOARD SHALL PUBLISH SEMI-ANNUAL STATEMENTS
The Board of Aldermen shall semi-annually each year, at times to be set by the Board of Aldermen, make out and spread upon their records a full and detailed account and statement of the receipts and expenditures and indebtedness of the City for the half year ending with the last day of the month immediately preceding the date of such report, which account and statement shall be published in some newspaper in the City.
SECTION 110.110: NO MONEY OF CITY TO BE DISBURSED UNTIL STATEMENT IS PUBLISHED?PENALTY
In the event the financial statement of the City is not published as required by Section 110.100, the Treasurer of the City shall not pay out any money of the City on any warrant or order of the Board of Aldermen after the end of the month in which such financial statement should have been published until such time as such financial statement is published. Any Treasurer violating the provisions of this Section shall be deemed guilty of a ordinance violation.
SECTION 110.120: BOARD MAY COMPEL ATTENDANCE OF WITNESSES MAYOR TO ADMINISTER OATHS
The Board of Aldermen shall have power to compel the attendance of witnesses and the production of papers and records relating to any subject under consideration in which the interest of the City is involved and shall have power to call on the proper officers of the City, or of the County in which such City is located, to execute such process. The officer making such service shall be allowed to receive therefor such fees as are allowed by law in the Circuit Court for similar services, to be paid by the City. The Mayor or Acting President of the Board of Aldermen shall have power to administer oaths to witnesses.
SECTION 110.130: MAYOR TO SIGN COMMISSIONS
The Mayor shall sign the commissions and appointments of all City Officers elected or appointed in the City and shall approve all official bonds unless otherwise prescribed by ordinance.
SECTION 110.140: MAYOR SHALL HAVE THE POWER TO ENFORCE LAWS
The Mayor shall be active and vigilant in enforcing all laws and ordinances for the government of the City, and he/she shall cause all subordinate officers to be dealt with promptly for any neglect or violation of duty; and he/she is hereby authorized to call on every male inhabitant of the City over eighteen (18) years of age and under fifty (50) to aid in enforcing the laws.
SECTION 110.150: MAYOR?COMMUNICATIONS TO BOARD
The Mayor shall from time to time communicate to the Board of Aldermen such measures as may, in his/her opinion, tend to the improvement of the finances, the Police, health, security, ornament, comfort and general prosperity of the City.
SECTION 110.160: MAYOR MAY REMIT FINE?GRANT PARDON
The Mayor shall have power to remit fines and forfeitures and to grant reprieves and pardons for offenses arising under the ordinances of the City; but this Section shall not be so construed as to authorize the Mayor to remit any costs which may have accrued to any officer of said City by reason of any prosecution under the laws or ordinances of such City.
ARTICLE II. BOARD OF ALDERMEN MEETINGS
SECTION 110.170: REGULAR MEETINGS
The Board of Aldermen of the City of Goodman, Missouri, shall meet in regular session in the City Hall at 7:00 P.M. on the first (1st) and third (3rd) Tuesday of each month. (Ord. No. 166A §1, 6-6-78)
SECTION 110.180: SPECIAL MEETINGS
Special meetings may be called by the Mayor or by any three (3) members of the Board by written request filed with the City Clerk who shall thereupon prepare a notice of such special meeting in conformance with Chapter 120, Open Meetings and Records Policy, of this Code.
SECTION 110.190: QUORUM MUST BE PRESENT
At the hour appointed, the Mayor, or in his/her absence the Acting President of the Board of Aldermen, shall call the Board to order, the Clerk shall call the roll of members and announce whether or not a quorum is present. A majority of the members elected to the Board shall constitute a quorum. If a quorum not be present, a smaller number may lawfully adjourn the meeting from day to day until a quorum is present.
CHAPTER 115: CITY OFFICIALS
ARTICLE I. GENERAL PROVISIONS
SECTION 115.010: ELECTIVE OFFICERS?TERMS
The following officers shall be elected by the qualified voters of the City and shall hold office for the term of two (2) years, except as otherwise provided in this Section, and until their successors are elected and qualified, to wit: Mayor, Board of Aldermen, Collector and Municipal Judge. (Ord. No. I Art. IV §1, 11-6-56)
SECTION 115.020: APPOINTIVE OFFICERS
The Mayor, with the consent and approval of the majority of the members of the Board of Aldermen, shall have power to appoint a Chief of Police, City Treasurer, City Attorney, City Assessor, Street Commissioner, Fire Chief, Recreation Board Director and Night Watchman and such other officers as he/she may be authorized by ordinance to appoint, and if deemed for the best interests of the City, the Mayor and Board of Aldermen may, by ordinance, employ special counsel to represent the City, either in a case of a vacancy in the office of City Attorney or to assist the City Attorney, and pay reasonable compensation therefor. (Ord. No. 132A, 1-27-73)
SECTION 115.030: REMOVAL OF OFFICERS
The Mayor may, with the consent of a majority of all the members elected to the Board of Aldermen, remove from office, for cause shown, any elective officer of the City, such officer being
first given opportunity, together with his/her witnesses, to be heard before the Board of Aldermen sitting as a Board of Impeachment. Any elective officer, including the Mayor, may in like manner, for cause shown, be removed from office by a two-thirds (2/3) vote of all members elected to the Board of Aldermen, independently of the Mayor’s approval or recommendation. The Mayor may, with the consent of a majority of all the members elected to the Board of Aldermen, remove from office any appointive officer of the City at will, and any such appointive officer may be so removed by a two-thirds (2/3) vote of all the members elected to the Board of Aldermen, independently of the Mayor’s approval or recommendation. The Board of Aldermen may pass ordinances regulating the manner of impeachments and removals.
SECTION 115.040: OFFICERS TO BE VOTERS AND RESIDENTS EXCEPTIONS
All officers elected to offices or appointed to fill a vacancy in any elective office under the City Government shall be voters under the laws and Constitution of this State and the ordinances of the City except that appointed officers need not be voters of the City. No person shall be elected or appointed to any office who shall at the time be in arrears for any unpaid City taxes or forfeiture or defalcation in office. All officers, except appointed officers, shall be residents of the City.
SECTION 115.050: OFFICERS’ OATH BOND
Every officer of the City and his/her assistants and every Alderman, before entering upon the duties of his/her office, shall take and subscribe to an oath or affirmation before some court of record in the County, or the City Clerk, that he/she possesses all the qualifications prescribed for his/her office by law; that he/she will support the Constitution of the United States and of the State of Missouri, the provisions of all laws of this State affecting Cities of this class, and the ordinances of the City, and faithfully demean himself/herself while in office; which official oath or affirmation shall be filed with the City Clerk. Every officer of the City, when required by law or ordinance, shall, within fifteen (15) days after his/her appointment or election and before entering upon the discharge of the duties of his/her office, give bond to the City in such sum and with such sureties as may be designated by ordinance, conditioned upon the faithful performance of his/her duty, and that he/she will pay over all monies belonging to the City, as provided by law, that may come into his/her hands. If any person elected or appointed to any office shall fail to take and subscribe such oath or affirmation or to give bond as herein required, his/her office shall be deemed vacant. For any breach of condition of any such bond, suit may be instituted thereon by the City, or by any person in the name of the City, to the use of such person.
SECTION 115.060: SALARIES FIXED BY ORDINANCE EXPENSES
The Board of Aldermen shall fix the compensation of all the officers and employees of the City by ordinance. The salary of an officer shall not be changed during the time for which he/she was elected or appointed.
SECTION 115.070: VACANCIES IN CERTAIN OFFICE SHOW FILLED
If a vacancy occurs in any elective office, the Mayor or the person exercising the duties of the Mayor shall cause a special meeting of the Board of Aldermen to convene where a successor to the vacant office shall be selected by appointment by the Mayor with the advice and consent of a majority of the remaining members of the Board of Aldermen. If the vacancy is in the office of Mayor, nominations of a successor may be made by any member of the Board of Aldermen and selected with the consent of a majority of the members of the Board of Aldermen. The Board of Aldermen may adopt procedures to fill vacancies consistent with this Section. The successor shall serve until the next regular municipal election. If a vacancy occurs in any office not elective, the Mayor shall appoint a suitable person to discharge the duties of such office until the first (1st) regular meeting of the Board of Aldermen thereafter, at which time such vacancy shall be permanently filled.
SECTION 115.080: POWERS AND DUTIES OF OFFICERS TO BE PRESCRIBED BY ORDINANCE
The duties, powers and privileges of officers of every character in any way connected with the City Government, not herein defined, shall be prescribed by ordinance. Bonds may be required of any such officers for faithfulness in office in all respects.
ARTICLE II. CITY CLERK
SECTION 115.090: CITY CLERK-ELECTION-DUTIES GENERALLY
A. The Board of Aldermen shall elect a Clerk for such Board to be known as “the City Clerk” whose duties and term of office shall be fixed by ordinance. Among other things, the City Clerk shall keep a journal of the proceedings of the Board of Aldermen. He/she shall safely and properly keep all the records and papers belonging to the City which may be entrusted to his/her care; he/she shall be the general accountant of the City; he/she is hereby empowered to administer official oaths and oaths to persons certifying to demands or claims against the City.
B. It shall be the duty of the City Clerk to keep a true and correct journal of the proceedings of the Board of Aldermen in a book to be kept for that purpose. He/she shall attend all meetings of the Board of Aldermen at the hour appointed for the meeting and, unless otherwise, shall immediately upon the Board being called to order proceed to read from the journal the proceedings of the last meeting and when the same shall have been approved, shall attest the same. He/she shall prepare and attest all warrants that may be ordered issued by the Board of Aldermen and present the same to the Mayor for his/her signature. He/she shall attest all other official acts of the Board when by law or ordinance he/she shall be required to do so. He/she shall enroll all orders passed by the Board of Aldermen and shall attest and seal the same. He/she shall issue and sign all licenses that may be required by ordinance to be issued. As soon as the Board of Aldermen shall have established the rate of taxes for the year, he/she shall make the proper certification to the proper officials of McDonald County, so as proper extension of tax rates can be made as by law provided.
C. The City Clerk shall not permit any documental record in his/her charge to be removed from his/her office except by some officer entitled to the use thereof or for the inspection of the Board of Aldermen or upon the written order of the Mayor. (Ord. No. I Art. XVI §§2, 5, 11-6-56)
SECTION 115.095: TEMPORARY CITY CLERK
In case of the absence of the City Clerk, the Board of Aldermen may appoint a Clerk Pro Tem who shall possess the same qualifications as and shall have and exercise all the powers and duties of the City Clerk and shall receive the same compensation therefore as the City Clerk. (Ord. No. I Art. XVI §4, 11-6-56)
ARTICLE III. CITY COLLECTOR
SECTION 115.100: BOND
The Collector, before entering upon the discharge of the duties of his/her office, shall give bond to the City in such sum and with such good and sufficient securities as shall be approved by the Board of Aldermen, conditioned for the faithful discharge of the duties of his/her office or the Board may require said Collector to post a surety bond, the premium of which shall be paid by the City. (Ord. No. I Art. XIV §11, 11-6-56)
SECTION 115.110: DUTIES GENERALLY
A. The Collector shall perform all the duties specified in this Code and shall perform such other duties as may be directed by the City Clerk and/or Mayor.
B. Compensation. The City Collector shall receive as compensation for his/her services a fee of fifteen percent (15%) of the monies collected by him/her.
C. The Collector shall collect all taxes on real estate and personal property and shall pay over unto the City Treasurer all monies, bonds, coupons and warrants collected by him/her and shall report the same at each regular meeting of the Board of Aldermen.
D. The Collector shall enforce the collection of all taxes due the City in the same manner and under the same rules and regulations as may be provided for by law for the collecting and enforcing payment of State and County taxes and to that purpose the Collector shall diligently endeavor and use all lawful means to collect all taxes which he/she is required to collect and to that end he/she shall have the power to seize and sell goods and chattels of the persons liable for taxes in the same manner as good and chattels are or may be required to be seized and sold under execution issued on a judgment at law and no property whatsoever shall be exempt from seizure and sale for taxes due on land or on the personal property, provided that no seizure or sale shall be made until after the first (1st) day of January of taxes in person or by his/her duly appointed deputy of the party liable to pay the same or by giving notice as required by these ordinances and such seizure may be made at anytime. (Ord. No. I Art. XIV §§2, 13, 11-6-56)
SECTION 115.120: COLLECTOR TO MAKE ANNUAL REPORT
The Collector shall annually, at such times as may be designated by ordinance, make a detailed report to the Board of Aldermen stating the various monies collected by him/her during the year, and the amounts uncollected, and the names of the persons from which he/she failed to collect, and the causes therefor.
SECTION 115.130: DEPUTY COLLECTOR
The Mayor may appoint a Deputy Collector to be approved by the Board of Aldermen, and when such Deputy Collector shall have taken and subscribed to the oath provided by this Code, he/she shall possess all the qualifications and powers and be charged with the same duties as the Collector.
ARTICLE IV. CITY ATTORNEY
SECTION 115.140: APPOINTMENT-TERM
A. The Mayor, with the advice and consent of the Board of Aldermen, at the first (1st) meeting after each annual City election shall appoint a suitable person as City Attorney who shall hold office until his/her successor is appointed and qualified.
B. Qualifications. No person shall be appointed to the office of City Attorney unless he/she be a licensed and practicing attorney at law in this State.
SECTION 115.150: DUTIES
A. It shall be the duty of the City Attorney to prosecute and defend all suits in any court in which the City of Goodman shall be a party.
B. He/she shall advise the Mayor and/or the Board of Aldermen on such legal questions as may arise in relation to the business of the City and shall furnish written opinions on all legal questions wherever the same may be required of him/her by the Mayor and/or Board of Aldermen.
C. He/she shall draw up all bills, ordinances, resolutions and orders as directed by the Board of Aldermen and/or Mayor.
D. He/she shall attend to all suits before the Mayor or any Magistrate in which the City may be a party and shall defend for such officers all actions brought against any officer, agent or servant of the City which may arise from his/her or their official acts.
E. He/she shall prepare all charges and complaints against any party or parties charged with violation of any ordinances of this City. If, upon their arraignment, they request a hearing, he/she shall prosecute the same in behalf of the City of Goodman.
F. He/she shall make affidavits in behalf of the City in all cases where the same may be necessary to procure a change of venue or take an appeal or other legal reason.
G. He/she shall report to the Mayor and the Board of Aldermen, when so requested, at any regular meeting, the condition and status of any suit or suits pending in any court.
H. At the next regular meeting of the Board of Aldermen after the City Attorney’s commission has been revoked, he/she shall make a full report to the Board of Aldermen setting forth all cases pending, the condition thereof, a brief statement of all judgments obtained and not satisfied for and against the City in civil cases which shall be entered on the records and left on file for the benefit and information of his/her successor. (Ord. No. I Art. XVII §§2?9, 11-6-56)
ARTICLE V. MISCELLANEOUS PROVISIONS
SECTION 115.160: OFFICERS TO REPORT RECEIPTS AND EXPENDITURES
It shall be the duty of all the officers of the City to report annually to the Board of Aldermen, such reports to embrace a full statement of the receipts and expenditures of their respective offices and such other matters as may be required by the Board of Aldermen by ordinance, resolution or otherwise.
SECTION 115.170: MAYOR OR BOARD MAY INSPECT BOOKS AND RECORDS OF OFFICERS
The Mayor or Board of Aldermen shall have power, as often as he/she or they may deem it necessary, to require any officer of the City to exhibit his/her accounts or other papers or records and to make report to the Board of Aldermen, in writing, touching any matter relating to his/her office.
CHAPTER 117: PERSONNEL POLICIES
ARTICLE I. GENERAL PROVISIONS
SECTION 117.010: DISCLOSURE OF PERSONNEL POLICIES
A. All employees of the City of Goodman shall be provided with a copy of the personnel policies upon employment.
B. All employees of the City of Goodman shall be provided with a copy of all revisions of and amendments to the personnel policies. (Ord. No. 1987-230 §I, 12-1-87; Ord. No. 1998-310 §I, 6-2-98; Ord. No. 2007-390 §1, 4-17-07)
SECTION 117.020: PERSONNEL POLICY REVISION/AMENDMENT PROCEDURE
All revisions of and amendments to the personnel policies stated herein shall only be made with the majority approval of the Board of Aldermen. (Ord. No. 1987-230 §II, 12-1-87; Ord. No. 1998-310 §II, 6-2-98; Ord. No. 2007-390 §1, 4-17-07)
SECTION 117.030: PROBATIONARY PERIOD
A. All non-elected employees shall serve a probationary period of ninety (90) days from the date of employment. All benefits begin after the probationary period.
B. All non-elected employees transferred or promoted to a new position shall serve a probationary period of sixty (60) days from the date of transfer or promotion. (Ord. No. 1987-230 §III, 12-1-87; Ord. No. 1998-310 §III, 6-2-98; Ord. No. 2007-390 §1, 4-17-07)
SECTION 117.040: HOURS OF DUTY
A. Certain Officers, Employees.
City Clerk: To work eight (8) hours per day Monday through Friday from 7:30 A.M. to 4:00 P.M. City Clerk will work additional hours as needed to perform duties with the Mayor’s approval.
Full-time employees: To work forty (40) hours per workweek.
Part-time workers: To work as needed with approval of the supervisor and Mayor. A part-time employee works anything less than twenty-eight (28) hours a workweek.
Police Chief: To work forty (40) hours per workweek. Chief of Police to work additional hours as needed to perform duties, subject to review by the Mayor.
Police Officers: To work no more than one hundred seventy-one (171) hours during a twenty-eight (28) day period as designated by Chief of Police. Police Officers to work additional hours as needed to perform duties with the approval of the Chief of Police, subject to review by the Mayor.
Police reserves: Reserves are requested to volunteer a minimum of twenty (20) hours monthly to keep their commissions active.
Supervisor: To work eight (8) hours per day Monday through Friday from 7:30 A.M. to 4:00 P.M. The Supervisor will work additional hours as needed to perform duties of position with Mayor’s approval.
Workweek: Sunday through Saturday.
B. Overtime Hours.
1. The standard workweek for general employees other than department heads shall be five (5) days and forty (40) hours. Salaried employees should work those hours necessary to assure the satisfactory performance of their department but not less than forty (40) hours per week. The salaried administrative employee shall assign to each employee regular work duties and responsibilities that normally can be accomplished within the established workday and workweek. However, occasionally some overtime work may be necessary for proper performance of work duties and responsibilities. For salaried administrative employees such overtime is considered part of their job responsibility and does not justify overtime pay. When classified employees are required to work extra or prolonged shifts, the department head shall authorize overtime that shall be compensated by compensatory time off at rate of one and one-half (1½) hours for each hour of overtime.
2. Compensatory time off is not to exceed twenty (20) hours monthly and must be used in the next thirty (30) days. Extra compensatory time off and an extension of the days must be approved by the Mayor.
3. All exempt employees from overtime hours will be given compensatory time off at the rate of one and one-half (1½) hours for each hour of overtime during emergencies declared by the Federal Emergency Management Agency or the State Emergency Management Agency. (Ord. No. 1987-230 §IV, 12-1-87; Ord. No. 1998-310 §IV, 6-2-98; Ord. No. 2007-390 §1, 4-17-07; Ord. No. 2012-434 §1, 7-5-11)
SECTION 117.050: HOLIDAYS
All full-time City employees shall be granted the following holidays:
1. New Year’s Day
2. Memorial Day
3. Independence Day
4. Labor Day
5. Thanksgiving Day and the day after
6. Christmas Eve (½ day)
7. Christmas Day
When a holiday falls on a regular workday, the full-time employees, after their probationary period, shall receive holiday pay. Full-time employees who work on any holiday that falls on a regular workday shall receive a compensatory day off at some other time at the employee’s choice, subject to review by the supervisor, Chief of Police and/or the Mayor.
In order to receive holiday pay, employees must work the scheduled workday preceding the holiday and also the scheduled workday following the holiday. Exceptions to this requirement are when an employee is on vacation, on funeral leave or on sick leave with a doctor’s statement. This does not include any employee on Worker’s Compensation. (Ord. No. 1987-230 §V, 12-1-87; Ord. No. 1998-310 §V, 6-2-98; Ord. No. 2007-390 §1, 4-17-07)
SECTION 117.060: SICK LEAVE
A. Each full-time employee shall receive, after their probationary period, one-half (½) day of sick leave for each full month employed with a maximum of six (6) days per year. Sick leave can be carried forward into the new calendar year and accrued up to fifteen (15) days. Paid sick leave only pertains as described under Section 117.060.
B. Advance sick leave requests for doctor’s appointments, dentist’s appointments, etc., shall be made to and approved by an employee’s immediate supervisor.
C. Time off due to illness must be reported as soon as possible. Any employee injured on the job must inform his/her supervisor before leaving his/her shift.
D. An employee will be given leave under the guidelines of the Family and Medical Leave Act of 1993.
E. A doctor’s statement must be submitted by an employee to his/her supervisor anytime more than three (3) consecutive days of sick leave is taken. This statement shall be submitted upon return to work.
F. Employees returning to duties after an injury or an extended illness must get a release from their doctor.
G. Employees terminated from the City forfeit all accrued sick leave.
H. A record of all employee’s sick leave time accrued and used shall be maintained by the City Clerk. (Ord. No. 1987-230 §VI, 12-1-87; Ord. No. 1998-310 §VI, 6-2-98; Ord. No. 2007-390 §1, 4-17-07)
SECTION 117.071: HEALTH INSURANCE BENEFITS
All full-time employees will receive health insurance benefits after their probationary period. (Ord. No. 2007-390 §1, 4-17-07)
SECTION 117.072: RETIREMENT BENEFITS
A. Retirement benefits will be given at the discretion of the Board of Aldermen after examining the prior year’s revenues. If the revenues exceed what was estimated in the budget for the prior year, the Board of Aldermen may approve retirement benefits. The benefit is paid into a deferred compensation plan for each employee. Employees can invest in the deferred compensation plan themselves if they choose to.
B. Only full-time employees who have worked one (1) full year prior to March first (1st) and are employee by the City on March first (1st) will receive the benefit. Benefits will be paid as follows:
1. One (1) to three (3) years of service will receive three percent (3%) of their prior year’s wages.
2. Three (3) to five (5) years of service will receive four percent (4%) of their prior year’s wages.
3. An employee who has worked five (5) years or more will receive five percent (5%) of their prior year’s wages. (Ord. No. 2007-390 §1, 4-17-07)
SECTION 117.070: VACATION LEAVE
A. Full-time employees shall receive vacation leave as follows:
1. One (1) workweek after one (1) year’s employment.
2. Two workweeks after three (3) years’ employment.
3. Three (3) workweeks after five (5) years’ employment.
4. Four (4) workweeks after ten (10) years’ employment.
B. A full-time employee shall receive vacation leave after his/her anniversary date.
C. An employee may choose when he/she wants to take his/her vacation leave subject to review by his/her superior and/or the Mayor to coordinate work schedules and vacation leave must be taken during the year or forfeited.
D. A record of all employee’s vacation leave time accrued and used each year shall be maintained by the City Clerk. (Ord. No. 1987-230 §VII, 12-1-87; Ord. No. 1994-282 §VII, 12-20-94; Ord. No. 1998-310 §VII, 6-2-98; Ord. No. 2007-390 §1, 4-17-07)
SECTION 117.080: EMPLOYEE DISMISSAL AND GRIEVANCE PROCEDURE
A. An employee, other than an elected official, may be suspended with or without pay by his/her immediate supervisor with the consent of the Mayor in accordance with City ordinances.
B. An employee, other than an elected official, may be discharged by the Mayor with the consent of a majority of the Board of Aldermen.
C. An employee, other than an elected official, may be discharged by a two-thirds (2/3) vote of the Board of Aldermen regardless of recommendation of the Mayor.
D. Upon suspension pursuant to Subsection (A), the immediate supervisor of such employee shall cause a written statement which contains the basis for the suspension to be delivered to the City Clerk, the Mayor and the employee forthwith.
E. The City Clerk shall cause the suspension to be placed on the agenda for the next regular meeting of the Board of Aldermen for consideration and review.
F. At the next regular meeting of the Board of Aldermen, the Board, in open or closed session, shall review the written report of suspension and shall either within their discretion:
1. Vote to continue the suspension for a certain time; or
2. Vote to dismiss such employee; or
3. Vote to reinstate said employee, with or without back pay; or
4. Take such action in regards to the employment status as the Board may deem just, subject to City ordinances and State law.
G. The Board of Aldermen, in making their decision in regards to such employee, are bound only by State law which provides that an employee may be discharged for cause or no cause at all. (Ord. No. 1987-230 §VIII, 12-1-87; Amended Ord. No. 1987-230 §VIII, 12-17-91; Ord. No. 1998-310 §VIII, 6-2-98; Ord. No. 2007-390 §1, 4-17-07)
SECTION 117.090: EMPLOYEE MAY FILE GRIEVANCE
A. An employee who has a grievance in regards to his/her work condition, work load, supervisor or with the City administration may file a report of such grievance with either his/her supervisor, the City Clerk, the Mayor or directly with the Board of Aldermen without fear of or jeopardizing his/her position, chances for promotion, salary advancement, or fear of harassment.
B. The Board of Aldermen shall be the final arbiter of such grievance. (Ord. No. 1987-230 §IX, 12-1-87; Ord. No. 1998-310 §IX, 6-2-98; Ord. No. 2007-390 §1, 4-17-07)
SECTION 117.100: EQUAL OPPORTUNITY EMPLOYER
A. The City of Goodman is an equal opportunity employer. It is the policy of the City that all persons are considered for employment without regard to race, sex, religion, color or country of origin.
B. Without exception, considerations for employment by the City of Goodman are based solely on education, aptitude, ability and experience. (Ord. No. 1987-230 §X, 12-1-87; Amended Ord. No. 1987-230 §X, 8-20-91; Ord. No. 1998-310 §X, 6-2-98; Ord. No. 2007-390 §1, 4-17-07)
SECTION 117.110: BEREAVEMENT LEAVE
A. In the case of the death of an employee’s spouse, parent, child, son-in-law, daughter-in-law, brother, sister, brother-in-law, sister-in-law, grandparent, grandchild or the same relative of the employee’s spouse, the employee will be allowed time off with pay for up to three (3) consecutive days, one (1) of which must be the day of the funeral. Paid time off is not permitted for days on which the employee is not scheduled to work. The object is to provide pay for those scheduled workdays on which the employee will be away from work attending the funeral or its arrangements.
B. In the event of the death of any other relative of the employee or the employee’s spouse, necessary time off with pay, not to exceed one (1) day, shall be allowed only when the employee attends the funeral. Additional time off with pay may be granted when requested. Such requests should be made to the Mayor who will determine the period of time off allowed. (Ord. No. 1996-296 §XI, 3-5-96; Ord. No. 1998-310 §XI, 6-2-98; Ord. No. 2007-390 §1, 4-17-07)
ARTICLE II. DRUG TESTING POLICY
SECTION 117.120: POLICY
A. It is the policy of the City of Goodman, Missouri, to provide safe, dependable and economical services to its citizens and to provide safe working conditions for its employees and to comply with the requirements of Federal law and regulations related to the Drug Free Workplace Act of 1988 and the Omnibus Transportation Employee Testing Act of 1991. It is also the policy of the City of Goodman, Missouri, to provide healthy, satisfying working environments for its employees.
B. To meet these goals, it is the policy of the City of Goodman, Missouri, to insure that its employees are not impaired in their ability to perform assigned duties in a safe, productive and healthy manner; to create a workplace environment free from the adverse effects of alcohol and controlled substances abuse or misuse; to prohibit the unlawful manufacture, distribution, dispensing, possession or use of alcohol and controlled substances; and to encourage employees to seek professional assistance when personal problems, including alcohol and controlled substance dependency, adversely affect their ability to perform their duties. (Ord. No. 2001-336, 9-18-01)
SECTION 117.130: PURPOSE
The purpose of this policy is to assure worker fitness by duty and to protect employees and the public from the risks posed by the use of alcohol and controlled substances. It is also the purpose of this policy to comply with all applicable Federal and State regulations governing workplace alcohol and controlled substance abuse programs mandated under the above-noted acts. These acts mandate urine drug testing and breathalyzer alcohol tests for safety-sensitive positions and prevent performance of safety-sensitive functions when there is a positive test result. The Federal law has also establishes standards for collection and testing of urine and breath specimens, the reporting of certain drug-related offenses, protective measures for certain employees tested, for the preservation of confidentiality and for certain reporting. (Ord. No. 2001-336, 9-18-01)
SECTION 117.140: APPLICABILITY
This policy applies to all safety-sensitive employees who perform safety-sensitive functions as these persons and activities are defined in the Omnibus Transportation Employee Testing Act and its implementing regulations including, but not limited to, persons who are required to possess CDL license for the operation of a commercial vehicle, all law enforcement, emergency services personnel and other safety-sensitive positions in the jurisdiction of the City of Goodman, Missouri. (Ord. No. 2001-336, 9-18-01)
SECTION 117.150: POLICY ADMINISTRATOR
A. Unless otherwise designated by the Board of Aldermen of Goodman, Missouri, in writing, the Mayor shall be designated as the controlled substance and alcohol policy Administrator for the City of Goodman, Missouri. Any inquiries concerning his/her policy, its application, its administration or its interpretation shall be made to the policy Administrator.
B. The Mayor of Goodman shall designate a position to be identified to the public and to employees whose incumbent is the primary person responsible for implementation and administration of this policy under the supervision of the Mayor of Goodman, Missouri, if the person is not the chief Administrator of the jurisdiction.
C. The policy Administrator shall develop and maintain a current list of the positions that are governed by this policy. The list shall be available for inspection in the City Hall offices of the City of Goodman, Missouri. Individuals who are applying for positions with the City of Goodman and affected employees shall be notified of the positions that are covered by this policy.
D. The policy Administrator shall develop all forms necessary to carry out the provisions of this policy, unless the forms are provided under the Federal regulations. The forms shall be provided to appropriate persons who are responsible for the implementation and management of this policy. (Ord. No. 2001-336, 9-18-01)
SECTION 117.160: ALCOHOL AND CONTROLLED SUBSTANCES PROHIBITIONS
A. An employee is prohibited from the operation of a commercial motor vehicle and/or from engaging in any work-related functions for alcohol-related conduct:
1. While consuming alcohol;
2. While having a blood alcohol concentration of two hundredths (0.02) or greater;
3. Within (4) hours of consuming alcohol;
4. After refusing to submit to an alcohol test; and
5. From consuming alcohol within eight (8) hours after an accident as specified in this policy.
B. An employee is prohibited from the unauthorized use of a controlled substance at any time, whether on or off duty.
C. An employee is prohibited from the unauthorized possession of alcohol while on duty and of controlled substances at any time, whether on or off duty.
D. Any employee convicted of illegal conduct related to controlled substances or alcohol or who fails to report such a conviction to the policy Administrator shall be subject to immediate termination from service.
E. Any employee whose job performance requires the possession of a valid CDL and who loses the CDL for a violation of or as a consequence of the law shall be subject to disciplinary action up to and including termination from service. The employee shall notify the policy Administrator and the employee’s immediate supervisor of the loss of the CDL. Failure to notify the policy Administrator of the loss of the CDL shall result in immediate termination from service.
F. Any employee who is consuming a prescribed or authorized controlled substance or other substance of any kind whose side effects may inhibit or impair the employee’s performance shall provide written notice to the policy Administrator of such consumption upon reporting to work and prior to engaging in any work-related activity, or earlier if possible. Failure to report shall be cause for disciplinary action up to and including termination from service. (Ord. No. 2001-336, 9-18-01)
SECTION 117.170: CONTROLLED SUBSTANCE AND ALCOHOL TESTING PROVISIONS
A. General. Employees subject to this policy shall be subject to controlled substances and alcohol testing including the following types of tests: pre-employment testing, random testing (except as provided herein), reasonable suspicion testing, post accident testing, return to work testing, and follow-up testing to rehabilitation programs.
B. Pre-Employment Testing. Pre-employment urine drug testing shall be required of all applicants for positions covered by this policy as a condition of the application procedure. Future employment as defined shall be considered as if the application was for original entry into service for purposes of this policy. Receipt of satisfactory test results is required prior to commencement of employment and/or engaging in safety-sensitive functions and the failure of a controlled substance or alcohol test disqualifies an applicant from appointment to employment for a period of at least one hundred twenty (120) days. Evidence of the absence of controlled substances or alcohol dependency from a substance abuse professional (SAP) and negative controlled substance and alcohol tests shall be required prior to further consideration for any employment, including reports from prior employers by an employee’s written authorization.
C. Reasonable Suspicion Testing. Reasonable suspicion testing shall be used to determine fitness for daily evaluations, including appropriate urine and/or breath testing, when there are objective observable reasons to believe that a controlled substance or alcohol use is adversely affecting an employee’s job performance or that the employee has violated this policy. Reasonable suspicion referral for testing shall be made on the basis of documented objective facts and circumstances which are consistent with the effects of substance use. Reasonable suspicion observations and reports can only be made by supervisory or management personnel who are trained to detect the signs and symptoms of controlled substance and alcohol use and who may reasonably conclude that an employee may be adversely affected or impaired in the employee’s work performance due to the use of the controlled substance or alcohol. The observing supervisor or manager, whether or not the person is the employee’s immediate supervisor, is required to complete the appropriate required documentation concurrently with the observation and consideration to impose reasonable suspicion testing.
Reasonable suspicion testing shall be required and completed whenever possible within two (2) hours of the observation, but in any case no later than before eight (8) hours after the observation for breath alcohol testing and thirty-two (32) hours for controlled substance testing.
D. Post-Accident Testing. Post-accident testing shall be required to test employees after a vehicle accident has occurred in which a fatality has occurred, or when a traffic violation is issued after an accident, or testing may be required where injury to a person requires transport to a medical treatment facility, or disabling damage to one (1) or more vehicles requires towing from the accident site to occur. Testing shall include both breath alcohol and urine drug testing of the employee(s).
Post-accident testing shall be required and completed whenever possible within two (2) hours after the accident occurrence, but in any case no later than before eight (8) hours after the accident for breath alcohol testing and thirty-two (32) hours for controlled substance testing. An employee involved in an accident shall refrain from alcohol consumption for eight (8) hours following the accident.
E. Random Testing. Random testing shall be conducted on all persons covered by this policy. Random testing shall be unannounced and conducted unpredictable frequency throughout the year using an established scientifically based selection method. Testing shall be conducted whenever and as ordered by appropriate supervisory personnel, but no less frequently than required by Federal law and regulations, and in such numbers as is minimally determined under the regulations.
F. Failure To Test. Any employee who fails to submit to the required testing under this policy is considered to have tested positive and shall be subject to all of the consequences that flow related to positive testing.
Any employee ordered to test shall report immediately to the test site upon being ordered to submit to testing. No delay of any type may be granted or taken. Delay in reporting by the employee shall be treated as a refusal to test and shall subject the employee to all of the consequences that flow related to positive testing. Failure to provide a sufficient sample or for providing an unadulterated sample shall be considered as a refusal to test and shall subject the employee to all of the consequences that flow. (Ord. No. 2001-336, 9-18-01)
SECTION 117.180: DISCIPLINARY ISSUES
A. Unless otherwise specified in this policy, the City of Goodman, Missouri’s policies related to disciplinary action shall be followed when imposing discipline for violation of this policy.
B. The acceptance by an employee of the rehabilitation assistance plan and contract does not serve as a bar to imposing disciplinary action related to violations of this policy.
C. Any supervisor or manager who knowingly permits an employee to violate this policy or engage in work activity while consuming alcohol or a controlled substance or fails to enforce this policy shall be subject to immediate termination from employment.
D. This policy does not displace any other penalties that may be imposed or be incurred as a result of violation of City of Goodman, Missouri’s policy or State and Federal laws or as provided in the Workers’ Compensation laws. (Ord. No. 2001-336, 9-18-01)
SECTION 117.190: COORDINATION WITH OTHER LAWS AND POLICIES
A. This policy shall be administered in compliance with other Federal, State and local laws related to employee health and welfare policies, leave policies, benefit programs and other related policies of the City of Goodman, Missouri. In the case of apparent conflicts between this policy, other polices and applicable laws, the policy Administrator shall make the appropriate rulings to resolve the potential conflicts, whenever possible.
B. In the event that any part of this policy is judicially determined to be in conflict with any law or to be in violation of any law or is rendered ineffective because of some State or Federal legislative enactment, that part(s) shall be void, but the remainder of the policy shall remain in effect. Parts that are void or voided shall be replaced as soon as possible so as to maintain the full effect of this policy and/or to bring it into compliance with relevant laws. (Ord. No. 2001-336, 9-18-01)
SECTION 117.200: AMENDMENTS
This policy is subject to amendment by the City of Goodman, Missouri, from time to time. Amendments that are made shall be provided to employees upon adoption and shall become effective as provided by the policy Administrator. (Ord. No. 2001-336, 9-18-01)
CHAPTER 120: OPEN MEETINGS AND RECORDS POLICY
ARTICLE I. IN GENERAL
SECTION 120.010: DEFINITIONS
As used in this Chapter, unless the context otherwise indicates, the following terms mean:
CLOSED MEETING, CLOSED RECORD OR CLOSED VOTE: Any meeting, record or vote closed to the public.
COPYING: If requested by a member of the public, copies provided as detailed in Section 120.110 of this Chapter, if duplication equipment is available.
PUBLIC BUSINESS: All matters which relate in any way to performance of the City’s functions or the conduct of its business.
PUBLIC GOVERNMENTAL BODY: Any legislative, administrative or governmental entity created by the Constitution or Statutes of this State, orders or ordinances of the City, judicial entities when operating in an administrative capacity or by executive order, including:
1. Any advisory committee or commission appointed by the Mayor or Board of Aldermen.
2. Any department or division of the City.
3. Any other legislative or administrative governmental deliberative body under the direction of three (3) or more elected or appointed members having rulemaking or quasi-judicial power.
4. Any committee appointed by or at the direction of any of the entities and which is authorized to report to any of the above-named entities, any advisory committee appointed by or at the direction of any of the named entities for the specific purpose of recommending, directly to the public governmental body’s governing board or its Chief Administrative Officer, policy or policy revisions or expenditures of public funds.
5. Any quasi-public governmental body. The term “quasi-public governmental body” means any person, corporation or partnership organized or authorized to do business in this State pursuant to the provisions of Chapters 352, 353 or 355, RSMo., or unincorporated association which either:
a. Has as its primary purpose to enter into contracts with public governmental bodies or to engage primarily in activities carried out pursuant to an agreement or agreements with public governmental bodies; or
b. Performs a public function, as evidenced by a statutorily or ordinance-based capacity, to confer or otherwise advance, through approval, recommendation or other means, the allocation or issuance of tax credits, tax abatement, public debt, tax exempt debt, rights of eminent domain, or the contracting of lease-back agreements on structures whose annualized payments commit public tax revenues; or any association that directly accepts the appropriation of money from the City, but only to the extent that a meeting, record or vote relates to such appropriation.
PUBLIC MEETING: Any meeting of a public governmental body subject to this Chapter at which any public business is discussed, decided or public policy formulated, whether such meeting is conducted in person or by means of communication equipment including, but not limited to, conference call, video conference, Internet chat or Internet message board. The term “public meeting” shall not include an informal gathering of members of a public governmental body for ministerial or social purposes when there is no intent to avoid the purposes of this Chapter, but the term shall include a vote of all or a majority of the members of a public governmental body, by electronic communication or any other means, conducted in lieu of holding a public meeting with the members of the public governmental body gathered at one (1) location in order to conduct public business.
PUBLIC RECORD: Any record, whether written or electronically stored, retained by or of any public governmental body including any report, survey, memorandum, or other document or study prepared for the public governmental body by a consultant or other professional service paid for in whole or in part by public funds, including records created or maintained by private contractors under an agreement with a public governmental body or on behalf of a public governmental body. The term “public record” shall not include any internal memorandum or letter received or prepared by or on behalf of a member of a public governmental body consisting of advice, opinions and recommendations in connection with the deliberative decision-making process of said body, unless such records are retained by the public governmental body or presented at a public meeting. Any documents or study prepared for a public governmental body by a consultant or other professional service as described in this subdivision shall be retained by the public governmental body in the same manner as any other public record.
PUBLIC VOTE: Any vote, whether conducted in person, by telephone, or by any other electronic means, cast at any public meeting of any public governmental body.
SECTION 120.020: MEETINGS, RECORDS AND VOTES TO BE PUBLIC EXCEPTIONS
All meetings, records and votes are open to the public, except that any meeting, record or vote relating to one (1) or more of the following matters, as well as other materials designated elsewhere in this Chapter, shall be closed unless the public governmental body votes to make them public:
1. Legal actions, causes of action or litigation involving a public governmental body and any confidential or privileged communications between a public governmental body or its representatives and its attorneys. However, any minutes, vote or settlement agreement relating to legal actions, causes of action or litigation involving a public governmental body or any agent or entity representing its interests or acting on its behalf or with its authority, including any insurance company acting on behalf of a public governmental body as its insured, shall be made public upon final disposition of the matter voted upon or upon the signing by the parties of the settlement agreement, unless, prior to final disposition, the settlement agreement is ordered closed by a court after a written finding that the adverse impact to a plaintiff or plaintiffs to the action clearly outweighs the public policy considerations of Section 610.011, RSMo., however, the amount of any monies paid by, or on behalf of, the public governmental body shall be disclosed; provided however, in matters involving the exercise of the power of eminent domain, the vote shall be announced or become public immediately following the action on the motion to authorize institution of such a legal action. Legal work product shall be considered a closed record.
2. Leasing, purchase or sale of real estate by a public governmental body where public knowledge of the transaction might adversely affect the legal consideration therefor. However, any minutes or vote or public record approving a contract relating to the leasing, purchase or sale of real estate by a public governmental body shall be made public upon execution of the lease, purchase or sale of the real estate.
3. Hiring, firing, disciplining or promoting of particular employees by a public governmental body when personal information about the employee is discussed or recorded. However, any vote on a final decision, when taken by a public governmental body, to hire, fire, promote or discipline an employee of a public governmental body shall be made available with a record of how each member voted to the public within seventy-two (72) hours of the close of the meeting where such action occurs; provided however, that any employee so affected shall be entitled to prompt notice of such decision during the seventy-two (72) hour period before such decision is made available to the public. As used in this Subsection, the term “personal information” means information relating to the performance or merit of individual employees.
4. Non-judicial mental or physical health proceedings involving an identifiable person, including medical, psychiatric, psychological, or alcoholism or drug dependency diagnosis or treatment.
5. Testing and examination materials, before the test or examination is given or, if it is to be given again, before so given again.
6. Welfare cases of identifiable individuals.
7. Preparation, including any discussions or work product, on behalf of a public governmental body or its representatives for negotiations with employee groups.
8. Software codes for electronic data processing and documentation thereof.
9. Specifications for competitive bidding, until either the specifications are officially approved by the public governmental body or the specifications are published for bid.
10. Sealed bids and related documents, until the bids are opened; and sealed proposals and related documents or any documents related to a negotiated contract until a contract is executed, or all proposals are rejected.
11. Individually identifiable personnel records, performance ratings or records pertaining to employees or applicants for employment, except that this exemption shall not apply to the names, positions, salaries and lengths of service of officers and employees of public agencies once they are employed as such.
12. Records which are protected from disclosure by law.
13. Meetings and public records relating to scientific and technological innovations in which the owner has a proprietary interest.
14. Records relating to municipal hotlines established for the reporting of abuse and wrongdoing.
15. Confidential or privileged communications between a public governmental body and its auditor, including all auditor work product; however, all final audit reports issued by the auditor are to be considered open records pursuant to this Chapter.
16. Operational guidelines and policies developed, adopted, or maintained by any public agency responsible for law enforcement, public safety, first response, or public health for use in responding to or preventing any critical incident which is or appears to be terrorist in nature and which has the potential to endanger individual or public safety or health. Nothing in this exception shall be deemed to close information regarding expenditures, purchases, or contracts made by an agency in implementing these guidelines or policies. When seeking to close information pursuant to this exception, the agency shall affirmatively state in writing that disclosure would impair its ability to protect the safety or health of persons, and shall in the same writing state that the public interest in non-disclosure outweighs the public interest in disclosure of the records. This exception shall sunset on December 31, 2012.
17. Existing or proposed security systems and structural plans of real property owned or leased by a public governmental body, and information that is voluntarily submitted by a non-public entity owning or operating an infrastructure to any public governmental body for use by that body to devise plans for protection of that infrastructure, the public disclosure of which would threaten public safety.
a. Records related to the procurement of or expenditures relating to security systems purchased with public funds shall be open.
b. When seeking to close information pursuant to this exception, the public governmental body shall affirmatively state in writing that disclosure would impair the public governmental body’s ability to protect the security or safety of persons or real property and shall in the same writing state that the public interest in non-disclosure outweighs the public interest in disclosure of the records.
c. Records that are voluntarily submitted by a non-public entity shall be reviewed by the receiving agency within ninety (90) days of submission to determine if retention of the document is necessary in furtherance of a State security interest. If retention is not necessary, the documents shall be returned to the non-public governmental body or destroyed.
d. This exception shall sunset on December 31, 2012.
18. Records that identify the configuration of components or the operation of a computer, computer system, computer network or telecommunications network and would allow unauthorized access to or unlawful disruption of a computer, computer system, computer network or telecommunications network of a public governmental body. This exception shall not be used to limit or deny access to otherwise public records in a file, document, data file or database containing public records. Records related to the procurement of or expenditures relating to such computer, computer system, computer network or telecommunications network, including the amount of monies paid by, or on behalf of, a public governmental body for such computer, computer system, computer network or telecommunications network, shall be open.
19. Credit card numbers, personal identification numbers, digital certificates, physical and virtual keys, access codes or authorization codes that are used to protect the security of electronic transactions between a public governmental body and a person or entity doing business with a public governmental body. Nothing in this Section shall be deemed to close the record of a person or entity using a credit card held in the name of a public governmental body or any record of a transaction made by a person using a credit card or other method of payment for which reimbursement is made by a public governmental body.
SECTION 120.030: ELECTRONIC TRANSMISSIONS PUBLIC RECORD WHEN
Any member of a public governmental body who transmits any message relating to public business by electronic means shall also concurrently transmit that message to either the member’s public office computer of the custodian of records in the same format. The provisions of this Section shall only apply to messages sent to two (2) or more members of that body so that, when counting the sender, a majority of the body’s members are copied. Any such message received by the custodian or at the member’s office computer shall be a public record subject to the exception of Section 610.021, RSMo.
SECTION 120.040: NOTICES OF MEETINGS
A. All public governmental bodies shall give notice of the time, date and place of each meeting and its tentative agenda in a manner reasonably calculated to advise the public of the matters to be considered, and if the meeting will be conducted by telephone or other electronic means, the notice of the meeting shall identify the mode by which the meeting will be conducted and the designated location where the public may observe and attend the meeting. If a public body plans to meet by internet chat, Internet message board or other computer link, it shall post a notice of the meeting on its website in addition to its principal office and shall notify the public how to access that meeting. Reasonable notice shall include making available copies of the notice to any representative of the news media who requests notice of meetings of a particular public governmental body concurrent with the notice being made available to the members of the particular governmental body and posting the notice on a bulletin board or other prominent place which is easily accessible to the public and clearly designated for that purpose at the principal office of the body holding the meeting, or if no such office exists, at the building in which the meeting is to be held.
B. Notice conforming with all of the requirements of Subsection (A) of this Section shall be given at least twenty-four (24) hours, exclusive of weekends and holidays when City Hall is closed, prior to the commencement of any meeting of a governmental body unless for good cause such notice is impossible or impractical, in which case as much notice as is reasonably possible shall be given.
C. The City shall allow for the recording by audiotape, videotape or other electronic means of any open meeting. The City may establish guidelines regarding the manner in which such recording is conducted so as to minimize disruption to the meeting. No audio recording of any meeting, record or vote closed pursuant to the provisions of Section 120.020 shall be permitted without permission of the City; any person who violates this provision shall be guilty of an ordinance violation.
D. Each governmental body proposing to hold a closed meeting or vote shall give notice of the time, date and place of such closed meeting or vote and the reason for holding it by reference to a specific exception allowed pursuant to Section 120.020 hereof. The notice shall be the same as described in Subsection (A) herein.
E. A formally constituted subunit of a parent governmental body may conduct a meeting without notice during a lawful meeting of the parent governmental body, a recess in that meeting, or immediately following that meeting if the meeting of the subunit is publicly announced at the parent meeting and the subject of the meeting reasonably coincides with the subjects discussed or acted upon by the parent governmental body.
SECTION 120.045: NOTICE REQUIRED FOR PUBLIC MEETING ON TAX INCREASES, EMINENT DOMAIN, CREATION OF CERTAIN DISTRICTS, AND CERTAIN REDEVELOPMENT PLANS
For any public meeting where a vote of the Board of Aldermen is required to implement a tax increase, or with respect to a retail development project when the Board of Aldermen votes to utilize the power of eminent domain, create a transportation development district or a community improvement district, or approve a redevelopment plan that pledges public funds as financing for the project or plan, the Board of Aldermen, or any entity created by the City, shall give notice conforming with all the requirements of Subsection (1) of Section 610.020, RSMo., at least four (4) days before such entity may vote on such issues, exclusive of weekends and holidays when the facility is closed; provided that this Section shall not apply to any votes or discussion related to proposed ordinances which require a minimum of two (2) separate readings on different days for their passage. The provisions of Subsection (4) of Section 610.020, RSMo., shall not apply to any matters that are subject to the provisions of this Section. No vote shall occur until after a public meeting on the matter at which parties in interest and citizens shall have an opportunity to be heard.
If the notice required under this Section is not properly given, no vote on such issues shall be held until proper notice has been provided under this Section. Any legal action challenging the notice requirements provided herein shall be filed within thirty (30) days of the subject meeting, or such meeting shall be deemed to have been properly noticed and held. For the purpose of this Section, a tax increase shall not include the setting of the annual tax rates provided for under Sections 67.110 and 137.055, RSMo.
SECTION 120.050: CLOSED MEETINGS HOW HELD
A. Except as set forth in Subsection (D) of Section 120.040, no meeting or vote may be closed without an affirmative public vote of the majority of a quorum of the public governmental body. The vote of each member of the governmental body on the question of closing a public meeting or vote and the specific reason for closing that public meeting or vote by reference to a specific Section of this Chapter shall be announced publicly at an open meeting of the governmental body and entered into the minutes.
B. Any meeting or vote closed pursuant to Section 120.020 shall be closed only to the extent necessary for the specific reason announced to justify the closed meeting or vote. Public governmental bodies shall not discuss any business in a closed meeting, record or vote which does not directly relate to the specific reason announced to justify the closed meeting or vote. Public governmental bodies holding a closed meeting shall close only an existing portion of the meeting facility necessary to house the members of the public governmental body in the closed session, allowing members of the public to remain to attend any subsequent open session held by the public governmental body following the closed session.
SECTION 120.060: JOURNALS OF MEETINGS AND RECORDS OF VOTING
A. Except as provided in Section 120.020, rules authorized pursuant to Article III of the Missouri Constitution and as otherwise provided by law, all votes shall be recorded, and if a roll call is taken, as to attribute each “yea” and “nay” vote, or abstinence if not voting, to the name of the individual member of the public governmental body. Any votes taken during a closed meeting shall be taken by roll call. All public meetings shall be open to the public and public votes and public records shall be open to the public for inspection and duplication. All votes taken by roll call in meetings of a public governmental body consisting of members who are all elected, shall be cast by members of the public governmental body who are physically present and in attendance at the meeting. When it is necessary to take votes by roll call in a meeting of the public governmental body, due to an emergency of the public body, with a quorum of the members of the public body physically present and in attendance and less than a quorum of the members of the public governmental body participating via telephone, facsimile, Internet, or any other voice or electronic means, the nature of the emergency of the public body justifying that departure from the normal requirements shall be stated in the minutes. Where such emergency exists, the votes taken shall be regarded as if all members were physically present and in attendance at the meeting.
B. A journal or minutes of open and closed meetings shall be taken and retained by the public governmental body including, but not limited to, a record of any vote taken at such meeting. The minutes shall include the date, time, place, members present, members absent, and a record of votes taken. When a roll call vote is taken, the minutes shall attribute each “yea” and “nay” vote, or abstinence if not voting, to the name of the individual member of the public governmental body.
SECTION 120.070: ACCESSIBILITY OF MEETINGS
A. Each meeting shall be held at a place reasonably accessible to the public and of sufficient size to accommodate the anticipated attendance by members of the public and at a time reasonably convenient to the public unless for good cause such a place or time is impossible or impractical. Every reasonable effort shall be made to grant special access to the meeting to handicapped or disabled individuals.
B. When it is necessary to hold a meeting on less than twenty-four (24) hours’ notice, or at a place that is not reasonably accessible to the public, or at a time that is not reasonably convenient to the public, the nature of the good cause justifying that departure from the normal requirements shall be stated in the minutes.
SECTION 120.080: SEGREGATION OF EXEMPT MATERIAL
If a public record contains material which is not exempt from disclosure, as well as material which is exempt from disclosure, the custodian shall separate the exempt and non-exempt material and make the non-exempt material available for examination and copying in accord with the policies provided herein. When designing a public record the custodian shall, to the extent practicable, facilitate a separation of exempt from non-exempt information. If the separation is readily apparent to a person requesting to inspect or receive copies of the form, the custodian shall generally describe the material exempted unless that description would reveal the contents of the exempt information and thus defeat the purpose of the exemption.
SECTION 120.090: CUSTODIAN DESIGNATED?RESPONSE TO REQUEST FOR ACCESS TO RECORDS
A. The City Clerk shall be the custodian of records and will be responsible for maintenance and control of all records. The custodian may designate deputy custodians in operating departments of the City and such other departments or offices as the custodian may determine. Deputy custodians shall conduct matters relating to public records and meetings in accord with the policies enumerated herein.
B. Each public governmental body shall make available for inspection and copying by the public of that body’s public records. No person shall remove original public records from the office of a public governmental body or its custodian without written permission of the designated custodian. No public governmental body shall, after August 28, 1998, grant to any person or entity, whether by contract, license or otherwise, the exclusive right to access and disseminate any public record unless the granting of such right is necessary to facilitate coordination with, or uniformity among, industry regulators having similar authority.
C. Each request for access to a public record shall be acted upon as soon as possible, but in no event later than the end of the third (3rd) business day following the date the request is received by the custodian of records of a public governmental body. If records are requested in a certain format, the public body shall provide the records in the requested format, if such format is available. If access to the public record is not granted immediately, the custodian shall give a detailed explanation of the cause for further delay and the place and earliest time and date that the record will be available for inspection. This period for document production may exceed three (3) days for reasonable cause.
D. If a request for access is denied, the custodian shall provide, upon request, a written statement of the grounds for such denial. Such statement shall cite the specific provision of law under which access is denied and shall be furnished to the requester no later than the end of the third (3rd) business day following the date that the request for the statement is received.
SECTION 120.100: RESERVED
SECTION 120.110: FEES FOR COPYING PUBLIC RECORDS LIMITATIONS
A. Except as otherwise provided by law, each public governmental body shall provide access to and, upon request, furnish copies of public records subject to the following:
1. Fees for copying public records, except those records restricted under Section 32.091, RSMo., shall not exceed ten cents ($.10) per page for a paper copy not larger than nine (9) by fourteen (14) inches, with the hourly fee for duplicating time not to exceed the average hourly rate of pay for clerical staff of the public governmental body. Research time required for fulfilling records requests may be charged at the actual cost of research time. Based on the scope of the request, the public governmental body shall produce the copies using employees of the body that result in the lowest amount of charges for search, research, and duplication time. Prior to producing copies of the requested records, the person requesting the records may request the public governmental body to provide an estimate of the cost to the person requesting the records. Documents may be furnished without charge or at a reduced charge when the public governmental body determines that waiver or reduction of the fee is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the public governmental body and is not primarily in the commercial interest of the requester.
2. Fees for providing access to public records maintained on computer facilities, recording tapes or disks, videotapes or films, pictures, maps, slides, graphics, illustrations or similar audio or visual items or devices, and for paper copies larger than nine (9) by fourteen (14) inches shall include only the cost of copies, staff time, which shall not exceed the average hourly rate of pay for staff of the public governmental body required for making copies and programming, if necessary, and the cost of the disk, tape or other medium used for the duplication. Fees for maps, blueprints or plats that require special expertise to duplicate may include the actual rate of compensation for the trained personnel required to duplicate such maps, blueprints or plats. If programming is required beyond the customary and usual level to comply with a request for records or information, the fees for compliance may include the actual cost of such programming.
B. Payment of such copying fees may be requested prior to the making of copies.
ARTICLE II. LAW ENFORCEMENT ARREST REPORTS AND RECORDS,
INCIDENT REPORTS, ETC.
SECTION 120.120: DEFINITIONS
As used in this Article, the following terms shall have the following definitions:
ARREST: An actual restraint of the person of the defendant, or by his/her submission to the custody of the officer, under authority of a warrant or otherwise for a criminal violation which results in the issuance of a summons or the person being booked.
ARREST REPORT: A record of a law enforcement agency of an arrest and of any detention or confinement incident thereto together with the charge therefor.
INACTIVE: An investigation in which no further action will be taken by a law enforcement agency or officer for any of the following reasons:
1. A decision by the law enforcement agency not to pursue the case.
2. Expiration of the time to file criminal charges pursuant to the applicable statute of limitations or ten (10) years after the commission of the offense, whichever date earliest occurs.
3. Finality of the convictions of all persons convicted on the basis of the information contained in the investigative report, by exhaustion of or expiration of all rights of appeal of such persons.
INCIDENT REPORT: A record of a law enforcement agency consisting of the date, time, specific location, name of the victim, and immediate facts and circumstances surrounding the initial report of a crime or incident, including any logs of reported crimes, accidents and complaints maintained by that agency.
INVESTIGATIVE REPORT: A record, other than an arrest or incident report, prepared by personnel of a law enforcement agency inquiring into a crime or suspected crime either in response to an incident report or in response to evidence developed by Law Enforcement Officers in the course of their duties.
SECTION 120.130: POLICE DEPARTMENT RECORDS
A. The Police Department of the City shall maintain records of all incidents reported to the Police Department and investigations and arrests made by the Police Department. All incident reports and arrest reports shall be open records. Notwithstanding any other provision of law other than the provisions of Subsection (C) of this Section or Section 320.083, RSMo., investigative reports of the Police Department are closed records until the investigation becomes inactive. If any person is arrested and not charged with an offense against the law within thirty (30) days of the person’s arrest, the arrest report shall thereafter be a closed record except that the disposition portion of the record may be accessed and except as provided in Section 120.150.
B. Except as provided in Subsections (C) and (D) of this Section, if any portion of a record or document of a Police Department Officer or the Police Department, other than an arrest report which would otherwise be open, contains information that is reasonably likely to pose a clear and present danger to the safety of any victim, witness, undercover officer or other person; or jeopardize a criminal investigation, including records which would disclose the identity of a source wishing to remain confidential or a suspect not in custody; or which would disclose techniques, procedures or guidelines for Police Department investigations or prosecutions, that portion of the record shall be closed and shall be redacted from any record made available pursuant to this Chapter.
C. Any person, a family member of such person within the first degree of consanguinity of such person if deceased or incompetent, attorney for a person, or insurer of a person involved in any incident or whose property is involved in an incident may obtain any records closed pursuant to this Section or Section 120.150 for purposes of investigation of any civil claim or defense as provided by this Subsection. Any individual, his/her attorney or insurer involved in an incident or whose property is involved in an incident, upon written request, may obtain a complete unaltered and unedited incident report concerning the incident and may obtain access to other records closed by the Police Department pursuant to this Section. Within thirty (30) days of such request, the Police Department shall provide the requested material or file a motion pursuant to this Subsection with the Circuit Court having jurisdiction over the Police Department stating that the safety of the victim, witness or other individual cannot be reasonably ensured, or that a criminal investigation is likely to be jeopardized. Pursuant to Section 610.100(4), RSMo., if, based on such motion, the court finds for the Police Department, the court shall either order the record closed or order such portion of the record that should be closed to be redacted from any record made available pursuant to this Subsection.
D. Any person may apply pursuant to this Subsection to the Circuit Court having jurisdiction for an order requiring a Law Enforcement Agency to open incident reports and arrest reports being unlawfully closed pursuant to the Section. If the court finds by a preponderance of the evidence that the Law Enforcement Officer or Agency has knowingly violated this Section, the officer or agency shall be subject to a civil penalty in an amount up to one thousand dollars ($1,000.00). If the court finds that there is a knowing violation of this Section, the court may order payment by such officer or agency of all costs and attorneys’ fees, as provided by Section 610.027, RSMo. If the court finds by a preponderance of the evidence that the Law Enforcement Officer or Agency has purposely violated this Section, the officer or agency shall be subject to a civil penalty in an amount up to five thousand dollars ($5,000.00) and the court shall order payment by such officer or agency of all costs and attorney fees, as provided in Section 610.027, RSMo. The court shall determine the amount of the penalty by taking into account the size of the jurisdiction, the seriousness of the offense, and whether the Law Enforcement Officer or Agency has violated this Section previously.
E. The victim of an offense as provided in Chapter 566, RSMo., may request that his/her identity be kept confidential until a charge relating to such incident is filed.
SECTION 120.140: EFFECT OF NOLLE PROS, DISMISSAL AND SUSPENDED
IMPOSITION OF SENTENCE ON RECORDS
A. If the person arrested is charged but the case is subsequently nolle prossed, dismissed, or the accused is found not guilty, or imposition of sentence is suspended in the court in which the action is prosecuted, official records pertaining to the case shall thereafter be closed records when such case is finally terminated, except as provided in Subsection (B) of this Section and Section 120.150 and except that the court’s judgment or order or the final action taken by the prosecutor in such matters may be accessed. If the accused is found not guilty due to mental disease or defect pursuant to Section 552.030, RSMo., official records pertaining to the case shall thereafter be closed records upon such findings, except that the disposition may be accessed only by law enforcement agencies, child care agencies, facilities as defined in Section 198.006, RSMo., and in-home services provider agencies as defined in Section 660.250, RSMo., in the manner established by Section 120.150.
B. If the person arrested is charged with an offense found in Chapter 566, RSMo., Section 568.045, 568.050, 568.060, 568.065, 568.080, 568.090 or 568.175, RSMo., and an imposition of sentence is suspended in the court in which the action is prosecuted, the official records pertaining to the case shall be made available to the victim for the purpose of using the records in his/her own judicial proceeding or if the victim is a minor to the victim’s parents or guardian, upon request.
SECTION 120.150: PUBLIC ACCESS OF CLOSED ARREST RECORDS
A. Records required to be closed shall not be destroyed; they shall be inaccessible to the general public and to all persons other than the defendant except as provided in this Section and Section 43.507, RSMo. The closed records shall be available to: criminal justice agencies for the administration of criminal justice pursuant to Section 43.500, RSMo., criminal justice employment, screening persons with access to criminal justice facilities, procedures and sensitive information; to law enforcement agencies for issuance or renewal of a license, permit, certification, or registration of authority from such agency including, but not limited to, watchmen, security personnel, private investigators, and persons seeking permits to purchase or possess a firearm; those agencies authorized by Section 43.543, RSMo., to submit and when submitting fingerprints to the central repository; the Sentencing Advisory Commission created in Section 558.019, RSMo., for the purpose of studying sentencing practices in accordance with Section 43.507, RSMo.; to qualified entities for the purpose of screening providers defined in Section 43.540, RSMo.; the Department of Revenue for driver license administration; the Division of Workers’ Compensation for the purposes of determining eligibility for crime victims’ compensation pursuant to Sections 595.010 to 595.075, RSMo.; Department of Health and Senior Services for the purpose of licensing and regulating facilities and regulating in-home services provider agencies and Federal agencies for purposes of criminal justice administration, criminal justice employment, child, elderly, or disabled care, and for such investigative purposes as authorized by law or presidential executive order.
B. These records shall be made available only for the purposes and to the entities listed in this Section. A criminal justice agency receiving a request for criminal history information under its control may require positive identification, to include fingerprints of the subject of the record search, prior to releasing closed record information. Dissemination of closed and open records from the Missouri criminal records repository shall be in accordance with Section 43.509, RSMo. All records which are closed records shall be removed from the records of the Police Department and Municipal Court which are available to the public and shall be kept in separate records which are to be held confidential and, where possible, pages of the public record shall be retyped or rewritten omitting those portions of the record which deal with the defendant’s case. If retyping or rewriting is not feasible because of the permanent nature of the record books, such record entries shall be blacked out and recopied in a confidential book.
SECTION 120.160: “911″ TELEPHONE REPORTS
Except as provided by this Section, any information acquired by the Police Department by way of a complaint or report of a crime made by telephone contact using the emergency number “911″ shall be inaccessible to the general public. However, information consisting of the date, time, specific location, and immediate facts and circumstances surrounding the initial report of the crime or incident shall be considered to be an incident report and subject to Section 120.130. Any closed records pursuant to this Section shall be available upon request by law enforcement agencies or the Division of Workers’ Compensation or pursuant to a valid court order authorizing disclosure upon motion and good cause shown.
SECTION 120.170: DAILY LOG OR RECORD MAINTAINED BY POLICE DEPARTMENT OF CRIMES, ACCIDENTS OR COMPLAINTS?PUBLIC ACCESS TO CERTAIN INFORMATION
The City of Goodman Police Department, if it maintains a daily log or record that lists suspected crimes, accidents or complaints, shall make available the following information for inspection and copying by the public:
1. The time, substance and location of all complaints or requests for assistance received by the Police Department;
2. The time and nature of the Police Department’s response to all complaints or requests for assistance; and
3. If the incident involves an alleged offense or infraction:
a. The time, date and location of occurrence;
b. The name and age of any victim, unless the victim is a victim of a crime under Chapter 566, RSMo.;
c. The factual circumstances surrounding the incident; and
d. A general description of any injuries, property or weapons involved.
CHAPTER 125: MUNICIPAL COURT
ARTICLE I. GENERAL PROVISIONS
Editor’s Note) As to certain violations concerning an accused with special needs, §479.040, RSMo.
SECTION 125.010: COURT ESTABLISHED
There is hereby established in the City of Goodman a Municipal Court to be known as the “Goodman Municipal Court, a Division of the 40th Judicial Circuit Court of the State of Missouri”. In the event a Police Court existed prior to the establishment of a Municipal Court, this Court is a continuation of the Police Court of the City as previously established and is termed herein “the Municipal Court”.
SECTION 125.020: JURISDICTION
Violations of municipal ordinances shall be heard and determined only before divisions of the Circuit Court as hereinafter provided in this Chapter. “Heard and determined”, for purposes of this Chapter, shall mean any process under which the court in question retains the final authority to make factual determinations pertaining to allegations of a municipal ordinance violation.
SECTION 125.030: SELECTION OF MUNICIPAL JUDGE
A. The Judge of the City’s Municipal Court shall be known as a Municipal Judge of the 40th Judicial Circuit Court and shall be elected to the position as set out in Section 105.020 of this Code.
B. The Municipal Judge for Goodman, Missouri, shall be a resident of the City of Goodman, Missouri, unless the Judge is an attorney at law and appointed in a part-time fashion by the Board of Aldermen. No person, however, shall be elected to the post of Municipal Judge unless such person shall have been a resident of the City of Goodman, Missouri, for one (1) year prior to date of election. (Ord. No. 1995-289, 8-15-95)
SECTION 125.040: MUNICIPAL JUDGE-TERM OF OFFICE
The Municipal Judge shall hold his/her office for a period of two (2) years. If for any reason a Municipal Judge vacates his/her office, his/her successor shall complete that term of office, evenif the same be for less than two (2) years.
SECTION 125.050: MUNICIPAL JUDGE-VACATION OF OFFICE
The Municipal Judge shall vacate his/her office under the following conditions:
1. Upon removal from office by the State Commission on the Retirement, Removal and Discipline of Judges as provided in Missouri Supreme Court Rule 12;
2. Upon attaining his/her seventy-fifth (75th) birthday;
3. If he/she should lose his/her license to practice law within the State of Missouri; or
4. If he/she should fail to complete the course of instruction as required by Section 125.060, Subsection (1) hereof.
SECTION 125.060: MUNICIPAL JUDGE-QUALIFICATIONS FOR OFFICE
The Municipal Judge shall possess the following qualifications before he/she shall take office:
1. He/she must be a licensed attorney qualified to practice law within the State of Missouri or within six (6) months after selection for the position, each Municipal Judge who is not licensed to practice law in this State shall satisfactorily complete the course of instruction for Municipal Judges prescribed by the Supreme Court.
2. He/she must be a resident of the State of Missouri.
3. He/she must be between the ages of twenty-one (21) and seventy-five (75) years.
4. He/she may serve as a Municipal Judge for any other municipality.
5. He/she may not hold any other office within the City Government.
6. The Municipal Judge shall be considered holding a part-time position and as such may accept other employment.
SECTION 125.070: SUPERINTENDING AUTHORITY
The Municipal Court of the City shall be subject to the rules of the Circuit Court of which it is a part and to the rules of the State Supreme Court. The Municipal Court shall be subject to the general administrative authority of the Presiding Judge of the Circuit Court, and the Judge and Court personnel of said Court shall obey his/her directives.
SECTION 125.080: REPORT TO BOARD OF ALDERMEN
The Municipal Judge shall cause the Court Clerk to prepare, within the first ten (10) days of every month, a report indicating the following:
A list of all cases heard or tried before the Judge during the preceding month, giving in each case the name of the defendant, the fine imposed if any, the amount of costs, the names of defendants committed, and the cases in which there was an application for trial de novo, respectively. The Court Clerk or the Judge shall verify such lists and statements by affidavit and shall file the same with the City Clerk who shall lay the same before the Board of Aldermen of the City for examination at its first (1st) session thereafter. The Municipal Court shall, within the ten (10) days after the first (1st) of the month, pay to the Municipal Treasurer the full amount of all fines collected during the preceding month, if not previously paid to the Municipal Treasurer.
SECTION 125.090: DOCKET AND COURT RECORDS
The Municipal Judge shall be a conservator of the peace. He/she shall keep a docket in which he/she shall enter every case commenced before him/her and the proceedings therein and he/she shall keep such other records as may be required. Such docket and records shall be records of the Circuit Court of McDonald County. The Municipal Judge shall deliver said docket, records and all books and papers pertaining to his/her office to his/her successor in office or to the Presiding Judge of the Circuit.
SECTION 125.100: MUNICIPAL JUDGE-POWERS AND DUTIES GENERALLY
The Municipal Judge shall be and is hereby authorized to:
1. Establish a Violations Bureau as provided for in the Missouri Rules of Practice and Procedure in Municipal and Traffic Courts and Section 479.050, RSMo.
2. Administer oaths and enforce due obedience to all orders, rules and judgments made by him/her and may fine and imprison for contempt committed before him/her while holding Court in the same manner and to the same extent as a Circuit Judge.
3. Stay execution of any fine or sentence, suspend any fine or sentence, and make such other orders as the Municipal Judge deems necessary relative to any matter that may be pending in the Municipal Court.
4. Make and adopt such rules of practice and procedure as are necessary to implement and carry out the provisions of this Chapter, and to make and adopt such rules of practice and procedure as are necessary to hear and decide matters pending before the Municipal Court, and to implement and carry out the provisions of the Missouri Rules of Practice and Procedure in Municipal and Traffic Courts.
5. The Municipal Judge shall have such other powers, duties and privileges as are or may be prescribed by the laws of this State, this Code or other ordinances of this City.
SECTION 125.110: COMPENSATION
The Municipal Judge for the City of Goodman shall be paid a sum as fixed by ordinance from time to time.
SECTION 125.115: PROSECUTIONS BASED ON INFORMATION ONLY, PROCEEDINGS
All prosecutions for the violation of municipal ordinances shall be instituted by information and may be based upon a complaint. Proceedings shall be in accordance with the Supreme Court rules governing practice and procedure in proceedings before Municipal Judges.
SECTION 125.120: VIOLATIONS BUREAU
Should the Municipal Judge determine that there shall be a Violations Bureau, the City shall provide all expenses incident to the operation of the same. The City Clerk is hereby designated as the Violations Clerk for said Bureau, if established, and may appoint or designate such persons as are necessary to conduct said office. (Ord. No. 170 §11, 1-2-79)
SECTION 125.130: ISSUANCE AND EXECUTION OF WARRANTS
All warrants issued by a Municipal Judge shall be directed to the Chief of Police or any other Police Officer of the municipality or to the Sheriff of the County. The warrants shall be executed by the Chief of Police, Police Officer or Sheriff at any place within the limits of the County and not elsewhere, unless the warrants are endorsed in the manner provided for warrants in criminal cases and, when so endorsed, shall be served in other Counties as provided for in warrants in criminal cases.
SECTION 125.140: ARRESTS WITHOUT WARRANTS
The Chief of Police or other Police Officer of the City may, without a warrant, make arrest of any person who commits an offense in his/her presence, but such officer shall, before the trial, file a written complaint with the Judge hearing violations of municipal ordinances.
SECTION 125.150: JURY TRIALS
Any person charged with a violation of a municipal ordinance of this City shall be entitled to a trial by jury as in prosecutions for misdemeanors before an Associate Circuit Court Judge. Whenever a defendant accused of a violation of a municipal ordinance has a right to and demands such trial by jury, the Municipal Court shall certify the case to the Presiding Judge of the Circuit Court for reassignment.
SECTION 125.160: DUTIES OF THE CITY’S PROSECUTING ATTORNEY
It shall be the duty of an attorney designated by the City to prosecute the violations of the City’s ordinances before the Municipal Judge or before any Circuit Judge hearing violations of the City’s ordinances. The salary or fees of the attorney and his/her necessary expenses incurred in such prosecutions shall be paid by the City. The compensation of such attorney shall not be contingent upon the number of cases tried, the number of guilty verdicts reached, or the amount of fines imposed or collected.
SECTION 125.170: SUMMONING OF WITNESSES
It shall be the duty of the Municipal Judge to summon all persons whose testimony may be deemed essential as witnesses at the trial and to enforce their attendance by attachment, if necessary. The fees of witnesses shall be the same as those fixed for witnesses in trials before Associate Circuit Court Judges and shall be taxed as other costs in the case. When a trial shall be continued by a Municipal Judge, it shall not be necessary to summon any witnesses who may be present at the continuance, but the Municipal Judge shall orally notify such witnesses as either party may require to attend before him/her on the day set for trial to testify in the case and enter the names of such witnesses on his/her docket, which oral notice shall be valid as a summons.
SECTION 125.180: MUNICIPAL JUDGE WITHOUT JURISDICTION, WHEN
A. If, in the progress of any trial before the Municipal Judge, it shall appear to the Judge that the accused ought to be put upon trial for an offense against the criminal laws of the State and not cognizable before him/her as Municipal Judge, he/she shall immediately stop all further proceedings before him/her as Municipal Judge and cause the complaint to be made before some Associate Circuit Court Judge of the County.
B. For purposes of this Section, any offense involving the operation of a motor vehicle in an intoxicated condition as defined in Section 577.001, RSMo., shall not be cognizable in Municipal Court, if the defendant has been convicted, found guilty, or pled guilty to two (2) or more previous intoxication-related traffic offenses as defined in Section 577.023, RSMo., or has had two (2) or more previous alcohol-related enforcement contacts as defined in Section 302.525, RSMo.
SECTION 125.190: JAILING OF DEFENDANTS
If, in the opinion of the Municipal Judge, the City has no suitable and safe place of confinement, the Municipal Judge may commit the defendant to the County Jail, and it shall be the duty of the Sheriff, if space for the prisoner is available in the County Jail, upon receipt of a warrant of commitment from the Judge to receive and safely keep such prisoner until discharged by due process of law. The municipality shall pay the board of such prisoner at the same rate as may now or hereafter be allowed by law to such Sheriff for the keeping of other prisoners in his/her custody. The same shall be taxed as cost.
SECTION 125.200: PAROLE AND PROBATION
A. Any Judge hearing violations of municipal ordinances may, when in his/her judgment it may seem advisable, grant a parole or probation to any person who shall plead guilty or who shall be convicted after a trial before such Judge. When a person is placed on probation, he/she shall be given a certificate explicitly stating the conditions on which he/she is being released.
B. In addition to such other authority as exists to order conditions of probation, the Court may order conditions which the Court believes will serve to compensate the victim of the crime, any dependent of the victim, or society in general. Such conditions may include, but need not be limited to:
1. Restitution to the victim or any dependent of the victim in an amount to be determined by the Judge; and
2. The performance of a designated amount of free work for a public or charitable purpose or purposes as determined by the Judge.
C. A person may refuse probation conditioned on the performance of free work. If he/she does so, the Court shall decide the extent or duration of sentence or other disposition to be imposed and render judgment accordingly. Any County, City, person, organization or agency or employee of a County, City, organization or agency charged with the supervision of such free work or who benefits from its performance shall be immune from any suit by the person placed on parole or probation or any person deriving a cause of action from him/her if such cause of action arises from such supervision of performance, except for intentional torts or gross negligence. The services performed by the probationer or parolee shall not be deemed employment within the meaning of the provisions of Chapter 288, RSMo.
D. The Court may modify or enlarge the conditions of probation at any time prior to the expiration or termination of the probation term.
SECTION 125.210: RIGHT OF APPEAL
In any case tried before the Municipal Judge, except where there has been a plea of guilty or where the case has been tried with a jury, the defendant shall have a right of trial de novo before a Circuit Court Judge or upon assignment before an Associate Circuit Court Judge. An application for a trial de novo shall be filed within ten (10) days after judgment and shall be filed in such form and perfected in such manner as provided by Supreme Court rule.
SECTION 125.220: APPEAL FROM JURY VERDICTS
In any case tried with a jury before an Associate Circuit Judge, a record of the proceedings shall be made, and appeals may be had upon that record to the appropriate Appellate Court.
SECTION 125.230: BREACH OF RECOGNIZANCE
In the case of a breach of any recognizance entered into before a Municipal Judge or an Associate Circuit Court Judge hearing a municipal ordinance violation case, the same shall be deemed forfeited and the Judge shall cause the same to be prosecuted against the principal and surety, or either of them, in the name of the municipality as plaintiff. Such action shall be prosecuted before a Circuit Court Judge or Associate Circuit Court Judge, and in the event of cases caused to be prosecuted by a Municipal Judge, such shall be on the transcript of the proceedings before the Municipal Judge. All monies recovered in such actions shall be paid over to Municipal Treasury to the General Revenue Fund of the municipality.
SECTION 125.240: DISQUALIFICATION OF MUNICIPAL JUDGE FROM HEARING A PARTICULAR CASE
A Municipal Judge shall be disqualified to hear any case in which he/she is in any way interested or, if before the trial is commenced, the defendant or the prosecutor files an affidavit that the defendant or the municipality, as the case may be, cannot have a fair and impartial trial by reason of the interest or prejudice of the Judge. Neither the defendant nor the municipality shall be entitled to file more than one (1) affidavit or disqualification in the same case.
SECTION 125.250: ABSENCE OF JUDGE?PROCEDURE
If a Municipal Judge be absent, sick or disqualified from acting pursuant to the general administrative authority of the Presiding Judge of the Circuit Court over the Municipal Divisions within the circuit contained in Section 478.240, RSMo., a special Municipal Judge may be designated in accordance with the provisions of Section 479.230, RSMo., until such absence or disqualification shall cease.
ARTICLE II. COURT CLERK
SECTION 125.260: OFFICE ESTABLISHED
There is hereby established the office of Court Clerk for the City of Goodman Municipal Division of the McDonald County Circuit Court.
SECTION 125.270: SELECTION AND TERM OF COURT CLERK
The Court Clerk shall be appointed by the Mayor with the consent of a majority of the members of the Board of Aldermen to serve for an unspecified term at the will of the Mayor and Board of Aldermen.
SECTION 125.280: HOURS AND AUTHORIZATION OF COMPENSATION
The position of Court Clerk shall be a part-time position. The Court Clerk shall attend all sessions of the Goodman Municipal Division of the 40th Judicial Circuit Court and may be required to be present at the Goodman City Hall to perform the duties of the office at such additional times as the Mayor or Board of Aldermen may specify. Compensation for the Court Clerk shall be established by ordinance from time to time.
SECTION 125.290: DUTIES
The Court Clerk’s duties shall include the following:
1. To prepare and maintain the Municipal Court docket;
2. To log and file all tickets, information, complaints, summonses, bonds, bond receipts and reports;
3. To prepare all warrants, summonses, bonds, bond forfeitures and notices pertaining to same;
4. To receipt and account for all bonds, fines, costs or other monies paid to the Municipal Court;
5. To deliver monies collected in Court to the City Clerk for deposit into appropriate City accounts;
6. To maintain and respond to all correspondence directed to the Municipal Court;
7. To prepare and forward to the Director of Revenue all records of moving violations as required by law;
8. To report to City Treasurer each month on the amount of Crime Victims’ Compensation (CVC) Fund and any other funds collected for distribution to parties or entities other than the City in association with Court proceedings;
9. To serve as the Violations Clerk for the Goodman Municipal Division of the 40th Judicial Circuit Court and receive entries of appearance, waivers of appearance, pleas of guilty, and payments of fines and costs in accord with the laws of the State of Missouri and the rules of the Circuit Court for McDonald County;
10. To administer oaths and affirmations; and
11. To perform such other duties as may be directed by the Judge of the Municipal Division.
SECTION 125.300: BOND
Within fifteen (15) days after appointment and before entering upon the discharge of the above-described duties of office, the Court Clerk shall give bond to the City in the sum of seventy-two thousand dollars ($72,000.00) conditioned upon the faithful performance of said duties and the said Court Clerk will pay over all monies belonging to the City, as provided by law, that may come into the Court Clerk’s hands.
ARTICLE III. FINES AND COURT COSTS
SECTION 125.305: ASSESSMENT OF SHOCK FINE
In addition to such other authority as exists to order conditions of probation, the Court may order such conditions as the Court believes will serve to compensate the victim, any dependent of the victim or society. The Court may order the assessment of a shock fine so long as such amount is within the range of punishment authorized by ordinance or law for the offense charged; and the Court may authorize the assessment of such shock fine even if the Court suspends either the imposition or execution of sentence as a condition of probation. (Ord. No. 2008-398, 1-22-08)
SECTION 125.310: INSTALLMENT PAYMENT OF FINE
When a fine is assessed for violation of an ordinance, it shall be within the discretion of the Judge assessing the fine to provide for the payment of the fine on an installment basis under such terms and conditions as he/she may deem appropriate.
SECTION 125.320: COURT COSTS
In addition to any fine that may be imposed by the Municipal Judge in any case filed in the Goodman Municipal Division of the 40th Judicial Circuit Court, and in addition to all other fees authorized or required by law, there shall be assessed as costs the following:
1. Costs of Court in the amount of twelve dollars ($12.00).
2. Police Officer training fee. A fee of three dollars ($3.00) is hereby established and assessed as additional Court costs in each Court proceeding, except that no such fee shall be collected when the proceedings against the defendant have been dismissed.
a. Two dollars ($2.00) of each such Court cost shall be transmitted monthly to the Treasurer of the City and used to pay for Police Officer training as provided by Sections 590.100 to 590.180, RSMo. The City shall not retain for training purposes more than one thousand five hundred dollars ($1,500.00) of such funds for each certified Law Enforcement Officer or candidate for certification employed by the City. Any excess funds shall be transmitted quarterly to the City’s General Fund.
b. One dollar ($1.00) of each such Court cost shall be sent to the State Treasury to the credit of the Peace Officers Standards and Training Commission Fund created by Section 590.178, RSMo.
3. Crime Victims’ Compensation Fund. An additional sum of seven dollars fifty cents ($7.50) shall be assessed and added to the basic costs in Subsection (1) of this Section, provided that no such cost shall be collected in any proceeding when the proceeding or the defendant has been dismissed by the Court. All sums collected pursuant to this Subsection shall be paid at least monthly as follows:
a. Ninety-five percent (95%) of such fees shall be paid to the Director of Revenue of the State of Missouri for deposit as provided in Section 595.045.5, RSMo.
b. Five percent (5%) shall be paid to the City Treasury.
4. There may also be assessed a two dollar ($2.00) cost per case for each criminal case, including violations of any County or municipal ordinance, for the purpose of providing operating expenses for shelters for battered persons as set out in Section 488.607, RSMo.
5. Other costs, such as for the issuance of a warrant, a commitment or a summons, as provided before the Associate Circuit Judge in criminal prosecutions.
6. Actual costs assessed against the City by the County Sheriff for apprehension or confinement in the County Jail or costs assessed against the City by any other detention facility.
7. Mileage, in the same amount as provided to the Sheriff in criminal violations, for each mile and fraction thereof the officer must travel (both directions) in order to serve any warrant or commitment or order of this Court.
8. Any other reasonable cost as may be otherwise provided by ordinance including, but not limited to, costs of confinement, including any necessary transportation related thereto, medical costs incurred by the City while a defendant is in City custody, and costs related to the arrest and testing of any person for any intoxication-related traffic offense as set out in Subsection (9) hereof.
9. Reimbursement of certain costs of arrest.
a. Upon a plea or a finding of guilty of violating the provisions of Sections 342.020 or 342.030 of this Code or any ordinance of the City of Goodman involving alcohol- or drug-related traffic offenses, the Court may, in addition to imposition of any penalties provided by law, order the convicted person to reimburse the Police Department for the costs associated with such arrest.
b. Such costs hereby authorized shall include the reasonable cost of making the arrest, including the cost of any chemical test made as authorized or required by law or ordinance to determine the alcohol or drug content of the person’s blood, and the costs of processing, charging, booking and holding such person in custody.
c. The Chief of Police may establish a schedule of such costs hereby authorized and shall submit the same to the Municipal Judge. However, the Court may order the costs reduced if it determines that the costs are excessive.
d. Upon receipt of such additional costs authorized by this Subsection, the City Treasurer shall retain such costs in a separate fund to be known as the “DWI/Drug Offense Cost Reimbursement Fund”. Monies with such fund shall be appropriated by the Board of Aldermen to the Police Department in amounts equal to those costs so collected and shall be used by such department specifically to enhance and support the enforcement and prosecution of alcohol- and drug-related traffic laws within the City.
10. Judicial education.
a. Court costs be increased by the sum of one dollar ($1.00) with each said additional one dollar ($1.00) earmarked for judicial education.
b. The City Clerk is hereby authorized to establish and maintain a separate fund for said judicial education.
11. Court automation fee. In addition to any cost which may be assessed by the municipal division pursuant to Statute, ordinance or court rule, in every proceeding filed in the municipal division for violation of an ordinance, a surcharge of seven dollars ($7.00) shall be assessed. Such surcharge shall also be assessed in cases in which pleas of guilty are processed in the Violations Bureau. No such surcharge shall be collected when the proceeding or defendant has been dismissed by the Court, when costs are waived or when costs are paid to the City. Such surcharge shall be collected by the Municipal Court and transmitted monthly to the Missouri Director of Revenue to the credit of the Missouri Statewide Court Automation Fund as provided in Section 488.012.3(5) and Section 488.027.2, RSMo. (Ord. No. 2002-344 §§1?2, 9-17-02; Ord. No. 2007-396 §1, 11-5-07)
CHAPTER 130: TAXATION AND FINANCE
ARTICLE I. FISCAL YEAR
SECTION 130.010: FISCAL YEAR ESTABLISHED
The fiscal year for the City of Goodman shall begin on January first (1st) of each year and all City budgets, audits and other statutory requirements shall be prepared on a January first (1st) through December thirty-first (31st) fiscal year and all required matters concerning same be required to use such dates for those statutory and other necessary purposes.
ARTICLE II. BUDGET
SECTION 130.020: BUDGET REQUIRED?CONTENTS?EXPENDITURES NOT TO EXCEED REVENUES
A. Prior to the commencement of each fiscal year, a budget for the City shall be prepared and the same will be presented to and approved by the Board of Aldermen.
B. The annual budget shall present a complete financial plan for the ensuing fiscal year and shall include at least the following information:
1. A budget message describing the important features of the budget and major changes from the preceding year;
2. Estimated revenues to be received from all sources for the budget year, with a comparative statement of actual or estimated revenues for the two (2) years next preceding, itemized by year, fund and source;
3. Proposed expenditures for each department, office, commission, and other classification for the budget year, together with a comparative statement of actual or estimated expenditures for the two (2) years next preceding, itemized by year, fund, activity and object;
4. The amount required for the payment of interest, amortization and redemption charges on the debt of the City; and
5. A general budget summary.
C. In no event shall the total proposed expenditures from any fund exceed the estimated revenues to be received plus any unencumbered balance or less any deficit estimated for the beginning of the budget year; provided, that nothing herein shall be construed as requiring the City to use any cash balance as current revenue or to change from a cash basis of financing its expenditures.
SECTION 130.030: BUDGET OFFICER
A. The budget shall be prepared under the direction of a Budget Officer. Except as otherwise provided by law or ordinance, the Budget Officer shall be designated by the Board of Aldermen of the City.
All officers and employees shall cooperate with and provide to the Budget Officer such information and such records as he/she shall require in developing the budget. The Budget Officer shall review all the expenditure requests and revenue estimates, after which he/she shall prepare the proposed budget as defined herein.
B. After the Budget Officer has prepared the proposed budget, he/she shall submit it, along with such supporting schedules, exhibits, and other explanatory material as may be necessary for the proper understanding of the financial needs and position of the City, to the Board of Aldermen. He/she shall submit at the same time complete drafts of such orders, motions, resolutions or ordinances as may be required to authorize the proposed expenditures and produce the revenues necessary to balance the proposed budget.
SECTION 130.040: BOARD OF ALDERMEN MAY REVISE BUDGET, LIMITS?APPROVAL
The Board of Aldermen may revise, alter, increase or decrease the items contained in the proposed budget, subject to such limitations as may be provided by law; provided, that in no event shall the total authorized expenditures from any fund exceed the estimated revenues to be received plus any unencumbered balance or less any deficit estimated for the beginning of the budget year. Except as otherwise provided by law, the Board of Aldermen shall, before the beginning of the fiscal year, approve the budget and approve or adopt such orders, motions, resolutions or ordinances as may be required to authorize the budgeted expenditures and produce the revenues estimated in the budget.
SECTION 130.050: INCREASE OF EXPENDITURE OVER BUDGETED AMOUNT TO BE MADE ONLY ON FORMAL RESOLUTION
After the City has approved the budget for any year and has approved or adopted the orders, motions, resolutions or ordinances required to authorize the expenditures proposed in the budget, the City shall not increase the total amount authorized for expenditure from any fund, unless the Board of Aldermen adopts a resolution setting forth the facts and reasons making the increase necessary and approves or adopts an order, motion, resolution or ordinance to authorize the expenditures.
ARTICLE III. LEVY OF TAXES
Cross Reference?As to notice required for public meeting on tax increases, eminent domain, creation of certain districts, and certain redevelopment plans, §120.045.
SECTION 130.060: BOARD TO PROVIDE FOR LEVY AND COLLECTION OF TAXES?FIX PENALTIES
The Board of Aldermen shall, from time to time, provide by ordinance for the levy and collection of all taxes, licenses, wharfage and other duties not herein enumerated and, for neglect or refusal to pay the same, shall fix such penalties as are now or may hereafter be authorized by law or ordinance.
SECTION 130.070: FIXING AD VALOREM PROPERTY TAX RATES, PROCEDURE
The Board of Aldermen shall hold at least one (1) public hearing on the proposed rates of taxes at which citizens shall be heard prior to their approval. The Board of Aldermen shall determine the time and place for such hearing. A notice stating the hour, date and place of the hearing shall be
published in at least one (1) newspaper qualified under the laws of the State of Missouri of general circulation in the County within which all or the largest portion of the City is situated, or such notice shall be posted in at least three (3) public places within the City; except that, in any county of the First Class having a charter form of government, such notice may be published in a newspaper of general circulation within the City even though such newspaper is not qualified under the laws of Missouri for other legal notices. Such notice shall be published or posted at least seven (7) days prior to the date of the hearing. The notice shall include the assessed valuation by category of real, personal and other tangible property in the City for the fiscal year for which the tax is to be levied as provided by Subsection (3) of Section 137.245, RSMo., the assessed valuation by category of real, personal and other tangible property in the City for the preceding taxable year, for each rate to be levied the amount of revenue required to be provided from the property tax as set forth in the annual budget adopted as provided by Chapter 67, RSMo., and the tax rates proposed to be set for the various purposes of taxation. The tax rates shall be calculated to produce substantially the same revenues as required in the annual budget adopted as provided in Chapter. Following the hearing the Board of Aldermen shall fix the rates of taxes, the same to be entered in the tax book. Failure of any taxpayer to appear at such hearing shall not prevent the taxpayer from pursuit of any other legal remedy otherwise available to the taxpayer. Nothing in this Section absolves the City of responsibilities under Section 137.073, RSMo., nor to adjust tax rates in event changes in assessed valuation occur that would alter the tax rate calculations.
SECTION 130.080: RESERVED
Note?Due to the repeal of the similar statutory section 94.210, RSMo., “board to fix rate of levy”, this section was deleted.
SECTION 130.090: ASSESSMENT?METHOD OF
In the absence of a City Assessor, and until such City Assessor is duly appointed and qualified, it shall be the duty of the Mayor of the City to procure from the County Clerk of McDonald County, Missouri, on or before the first (1st) day of October of each year a certified abstract from his/her assessment books of all property within the corporate limits of the City made taxable by law for State purposes and the assessed valuation thereof as agreed upon by the Board of Equalization, which abstract shall be immediately transmitted to the Board of Aldermen, and it shall be the duty of the Board of Aldermen to establish by ordinance the rate of taxes for the year.
SECTION 130.100: CLERK TO PREPARE TAX BOOKS
When the Board of Aldermen shall have fixed the rate of taxation for any given year, it shall be the duty of the City Clerk to cause to be prepared appropriate and accurate tax books and shall therein set out in suitable columns, opposite the name of each person and the item of taxable property, as returned by the Assessor and Board of Equalization, the amount of taxes, whether general or special, due thereon and shall charge the City Collector with the full amount of taxes levied and to be collected.
SECTION 130.110: TAXES DELINQUENT?WHEN
A. On the first (1st) day of January of each year, all unpaid City taxes shall become delinquent and the taxes on real estate are hereby made a lien thereon.
B. Each tract of land in the back tax book, in addition to the amount of tax delinquent, shall be charged with a penalty of eighteen percent (18%) of each year’s delinquency except that the penalty on lands redeemed prior to sale shall not exceed two percent (2%) per month or fractional part thereof.
ARTICLE IV. SALES TAX
SECTION 130.120: CITY SALES TAX
The City of Goodman hereby imposes a sales tax of one percent (1%) upon all sellers for the privilege of engaging in the business of selling tangible personal property or rendering taxable services at retail to the extent and in the manner provided in Sections 144.010 to 144.510, RSMo., and the rules and regulations of the Director of Revenue issued pursuant thereto, within the boundaries of said City. (Ord. No. 175 §1, 6-17-80)
SECTION 130.130: TAX ON UTILITIES
The City of Goodman hereby imposes a sales tax of one percent (l%) upon all sales of metered water services, electricity, electrical current and natural, artificial or propane gas, wood, coal or home heating oil for domestic use only to the extent and manner provided in Section 144.032, RSMo., in the rules and regulations of the Director of Revenue issued pursuant thereto, within the boundaries of said City. (Ord. No. 184 §1, 3-17-81)
CHAPTER 135: PROCUREMENT AND CONFLICT OF INTEREST POLICY
SECTION 135.010: COMPETITIVE BIDDING
When the City of Goodman, hereinafter called the City, negotiates any purchase, sale, or other contract, there shall be provided ample opportunity for competitive bidding in the following manner:
1. If the consideration is not more than five hundred dollars ($500.00), bids shall be solicited in the most expedient manner with due regard for competitive prices and quality.
2. If the consideration is for more than five hundred dollars ($500.00), but less than one thousand five hundred dollars ($1,500.00), at least three (3) bids shall be solicited by mail or telephone request from three (3) prospective vendors, from which the lowest bid, with proper qualifications, shall be accepted. A record of the quotations shall be maintained. The City shall approve the purchase.
3. All supplies and contractual services estimated to cost in excess of one thousand five hundred dollars ($1,500.00) shall be purchased from the lowest responsible bidder, after due notice inviting proposals. Whenever possible, at least three (3) bids should be obtained from prospective, qualified vendors. The City shall award the contract or purchase. (Ord. No. 2004-356 §1, 2-3-04)
SECTION 135.020: NOTICE DEFINED
The notice required by the preceding Section shall consist of the following: That,
1. Notice inviting bids shall be published once in at least one official newspaper of the City at least five days preceding the last day set for receipt of proposals. The newspaper notice required herein shall include a general description of the articles to be purchased or sold, shall state where bid blanks and specifications may be secured, and the time and place for opening bids.
2. The City shall also solicit sealed bids from all responsible prospective suppliers who have requested their names be added to a “Bidders List” which the City shall maintain, by sending them a copy of such newspaper notice or such other notice as will acquaint them with the proposed purchase or sale. In any case, invitations sent to the vendors on the bidders list shall be limited to commodities that are similar in character and ordinarily handled by the trade group to which the invitations are sent.
3. The City shall also advertise all pending purchases or sales by a notice posted on the public bulletin board in the City.
4. The City shall also solicit sealed bids by direct mail request to prospective vendors and by telephone as may seem to be in the best interest of the City. (Ord. No. 2004-356 §2, 2-3-04)
SECTION 135.030: BID OPENING PROCEDURE
Bids shall be submitted sealed to the City and shall be identified as bids on the envelope. They shall be opened in public at the time and place stated in the public notices. A tabulation of all bids received shall be posted for public inspection and a tabulation report forwarded to the City. (Ord. No. 2004-356 §3, 2-3-04)
SECTION 135.040: LOWEST RESPONSIBLE BIDDER
The City reserves the right to reject any or all bids. Contracts shall be awarded to the lowest responsible bidder. Bids shall not be accepted from, nor contract awarded to, a contractor who is in default on the payment of taxes, licenses, or other movies due the City. In determining the lowest responsible bidder, in addition to price, the following shall be considered:
1. The ability, capacity, and skill of the bidder to perform the contract or provide the service required;
2. Whether the bidder can perform the contract or provide the service promptly, or within the time specific, without delay or interference;
3. The character, integrity, reputation, judgment, experience, and efficiency of the bidder;
4. The quality of performance of previous contracts or services;
5. The previous and existing compliance by the bidder with laws and ordinances relating to the project or services;
6. The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service;
7. The quality, availability, and adaptability of the supplies or contractual services to the particular use required;
8. The ability of the bidder to provide future maintenance and service for the use of the subject of the contract;
9. The number and scope of conditions attached to the bid. (Ord. No. 2004-356 §4, 2-3-04)
SECTION 135.050: JUSTIFICATION OF AWARD
When the award is not given to the lowest bidder, a full and complete statement of the reasons for placing the order elsewhere shall be entered upon the journal of the City. (Ord. No. 2004-356 §5, 2-3-04)
SECTION 135.060: TIE BIDS
If all bids received or the lowest bids received are for the same total amount or unit price, quality and service being equal, the contract shall be awarded to a local bidder. Where there is no local low bidder, the award shall be made on the basis of a drawing of lots, to be held in public. (Ord. No. 2004-356 §6, 2-3-04)
SECTION 135.070: OPEN MARKET PROCEDURE
All purchases of supplies and contractual services and all sales of personal property which has become obsolete and unusable for which competitive bidding is not required by Section 135.010 of this Chapter shall be made in the open market, without newspaper advertisement and without observing the procedure prescribed by Section 135.030 for the award of formal contracts.
1. All open market purchases shall, whenever possible, be based on at least three competitive bids, and shall be awarded to the lowest responsible bidder in accordance with the standards set forth in Section 135.040.
2. The City may solicit bids by:
a. direct mail request to prospective vendors
b. telephone
c. public notice posted on the bulletin board of the City.
3. The City shall keep a record of all open market orders and the bids submitted in competition thereon, and such records shall be open to public inspection per Chapter 610, RSMo. (Ord. No. 2004-356 §7, 2-3-04)
SECTION 135.080: REQUISITIONS AND ESTIMATES
Each City department or agency shall file with the City detailed requisitions or estimates of their requirements in supplies and contractual services by November fifteenth (15th) of each year for inclusion in the next fiscal year’s budget. (Ord. No. 2004-356 §8, 2-3-04)
SECTION 135.090: CONFLICT OF INTEREST
No officer or employee of this City shall transact any business in his/her official capacity with any business entity of which he/she is an officer, agent, or member or in which he/she owns a substantial interest; nor shall he/she make any personal investments in any enterprise which will create a substantial conflict between his/her private interest and the public interest; nor shall he/she or any firm or business entity of which he/she is an officer, agent, or member, or the owner of substantial interest, sell goods or services to any business entity which is licensed by or regulated in any manner by the agency in which the officer or employee serves. (Ord. No. 2004-356 §9, 2-3-04)
SECTION 135.100: OFFICERS AND EMPLOYEES NOT TO DEAL WITH CERTAIN
ENTITIES
No officer or employee of this City shall enter into any private business transaction with any person or entity that has a matter pending or to be pending upon which the officer or employee is or will be called upon to render a decision or pass judgment. If any officer or employee is already engaged in the business transaction at the time that a matter arises, he/she shall be disqualified from rendering any decision or passing of any judgment upon the same. (Ord. No. 2004-356 §10, 2-3-04)
SECTION 135.110: GIFTS AND REBATES
Every officer and employee of this City are expressly prohibited from accepting, directly or indirectly, from any person, company, firm, or corporation to which any purchase or contract is or might be awarded, any rebate, gift, money, or anything of value whatsoever, except where given for the use and benefit of the City. (Ord. No. 2004-356 §11, 2-3-04)
SECTION 135.120: EMERGENCY PURCHASES
In case of an apparent emergency which requires the immediate purchase of supplies or contractual services, the person in charge of the department or agency may authorize the purchase, at the lowest obtainable price, of any supplies or contractual services not in excess of five hundred dollars ($500.00). A full explanation of the circumstances of an emergency purchase shall be recorded in the journal of the next regularly scheduled Council meeting. (Ord. No. 2004-356 §12, 2-3-04)
SECTION 135.130: COOPERATIVE PROCUREMENT
The purchasing agent shall have the authority to join with other units of government in cooperative purchasing plans when the best interest of the City would be served and after approval of the City Council. (Ord. No. 2004-356 §13, 2-3-04)
CHAPTER 140: IDENTITY THEFT PREVENTION PROGRAM
SECTION 140.010: PROGRAM ADOPTION
The City of Goodman Water/Sewer/Trash Department developed this Identity Theft Prevention Program pursuant to the Federal Trade Commission’s Red Flags Rule, which implements Section 114 of the Fair and Accurate Credit Transactions Act of 2003. 16 C.F.R. §681.2. This Program was developed with oversight and approval of the Board of Aldermen. After consideration of the size and complexity of the utility’s operations and account systems, and the nature and scope of the utility’s activities, the Board of Aldermen determined that this Program was appropriate for the City of Goodman, and therefore approved this Program on December 16, 2008. (Ord. No. 2008-410, 12-16-08)
SECTION 140.020: PROGRAM PURPOSE AND DEFINITIONS
A. Fulfilling Requirements Of The Red Flags Rule. Under the Red Flag Rule, every financial institution and creditor is required to establish an “Identity Theft Prevention Program” tailored to its size, complexity and the nature of its operation. Each program must contain reasonable policies and procedures to:
1. Identify relevant red flags for new and existing covered accounts and incorporate those red flags into the program;
2. Detect red flags that have been incorporated into the program;
3. Respond appropriately to any red flags that are detected to prevent and mitigate identity theft; and
4. Ensure the program is updated periodically, to reflect changes in risks to customers or to the safety and soundness of the creditor from identity theft.
B. Red Flags Rule Definitions Used In This Program.
1. The Red Flags Rule defines “identity theft” as fraud committed using the identifying information of another person, and a “red flag” as a pattern, practice, or specific activity that indicates the possible existence of identity theft.
2. According to the Rule, a “municipal utility” is a creditor subject to the Rule requirements. The Rule defines “creditors” to include finance companies, automobile dealers, mortgage brokers, utility companies, and telecommunications companies. Where non-profit and government entities defer payment for goods or services, they, too, are to be considered creditors.
3. All the utility’s accounts that are individual utility service accounts held by customers of the utility whether residential, commercial or industrial are covered by the Rule. Under the Rule, a “covered account” is:
a. Any account the utility offers or maintains primarily for personal, family or household purposes, that involves multiple payments or transactions; and
b. Any other account the utility offers or maintains for which there is a reasonably foreseeable risk to customers or to the safety and soundness of the utility from identity theft.
4. “Identifying information” is defined under the Rule as any name or number that may be used, alone or in conjunction with any other information, to identify a specific person, including: name, address, telephone number, social security number, date of birth, government issued driver’s license or identification number, alien registration number, government passport number, employer or taxpayer identification number, unique electronic identification number, computer’s Internet Protocol address, or routing code. (Ord. No. 2008-410, 12-16-08)
SECTION 140.030: IDENTIFICATION OF RED FLAGS
In order to identify relevant Red Flags, the utility considers the types of accounts that it offers and maintains, the methods it provides to open its accounts, the methods it provides to access its accounts, and its previous experiences with identity theft. The utility identifies the following red flags, in each of the listed categories:
1. Notifications and warnings from credit reporting agencies.
Red flags.
a. Report of fraud accompanying a credit report;
b. Notice or report from a credit agency of a credit freeze on a customer or applicant;
c. Notice or report from a credit agency of an active duty alert for an applicant; and
d. Indication from a credit report of activity that is inconsistent with a customer’s usual pattern or activity.
2. Suspicious documents.
Red flags.
a. Identification document or card that appears to be forged, altered or inauthentic;
b. Identification document or card on which a person’s photograph or physical description is not consistent with the person presenting the document;
c. Other document with information that is not consistent with existing customer information (such as if a person’s signature on a check appears forged); and
d. Application for service that appears to have been altered or forged.
3. Suspicious personal identifying information.
Red flags.
a. Identifying information presented that is inconsistent with other information the customer provides (example: inconsistent birth dates);
b. Identifying information presented that is inconsistent with other sources of information (for instance, an address not matching an address on a credit report);
c. Identifying information presented that is the same as information shown on other applications that were found to be fraudulent;
d. Identifying information presented that is consistent with fraudulent activity (such as an invalid phone number or fictitious billing address);
e. Social Security number presented that is the same as one given by another customer;
f. An address or phone number presented that is the same as that of another person;
g. A person fails to provide complete personal identifying information on an application when reminded to do so (however, by law Social Security numbers must not be required); and
h. A person’s identifying information is not consistent with the information that is on file for the customer.
4. Suspicious account activity or unusual use of account.
Red flags.
a. Change of address for an account followed by a request to change the account holder’s name;
b. Payments stop on an otherwise consistently up-to-date account;
c. Account used in a way that is not consistent with prior use (example: very high activity);
d. Mail sent to the account holder is repeatedly returned as undeliverable;
e. Notice to the utility that a customer is not receiving mail sent by the utility;
f. Notice to the utility that an account has unauthorized activity;
g. Breach in the utility’s computer system security; and
h. Unauthorized access to or use of customer account information.
5. Alerts from others.
Red flag.
a. Notice to the utility from a customer, identity theft victim, law enforcement or other person that it has opened or is maintaining a fraudulent account for a person engaged in identity theft. (Ord. No. 2008-410, 12-16-08)
SECTION 140.040: DETECTING RED FLAGS
A. New Accounts. In order to detect any of the Red Flags identified above associated with the opening of a new account, utility personnel will take the following steps to obtain and verify the identity of the person opening the account:
Detect.
1. Require certain identifying information such as name, date of birth, residential or business address, principal place of business for an entity, driver’s license or other identification;
2. Verify the customer’s identity (for instance, review a driver’s license or other identification card);
3. Review documentation showing the existence of a business entity; and
4. Independently contact the customer.
B. Existing Accounts. In order to detect any of the Red Flags identified above for an existing account, utility personnel will take the following steps to monitor transactions with an account:
Detect.
1. Verify the identification of customers if they request information (in person, via telephone, via facsimile, via email);
2. Verify the validity of requests to change billing addresses; and
3. Verify changes in banking information given for billing and payment purposes. (Ord. No. 2008-410, 12-16-08)
SECTION 140.050: PREVENTING AND MITIGATING IDENTITY THEFT
In the event utility personnel detect any identified Red Flags, such personnel shall take one (1) or more of the following steps, depending on the degree of risk posed by the Red Flag:
1. Prevent and mitigate.
a. Continue to monitor an account for evidence of identity theft;
b. Contact the customer;
c. Change any passwords or other security devices that permit access to accounts;
d. Not open a new account;
e. Close an existing account;
f. Reopen an account with a new number;
g. Notify the Program Administrator for determination of the appropriate step(s) to take;
h. Notify law enforcement; or
i. Determine that no response is warranted under the particular circumstances.
2. Protect customer identifying information. In order to further prevent the likelihood of identity theft occurring with respect to utility accounts, the utility will take the following steps with respect to its internal operating procedures to protect customer identifying information:
a. Ensure that its website is secure or provide clear notice that the website is not secure;
b. Ensure complete and secure destruction of paper documents and computer files containing customer information;
c. Ensure that office computers are password protected and that computer screens lock after a set period of time;
d. Keep offices clear of papers containing customer information;
e. Request only the last 4 digits of social security numbers (if any);
f. Ensure computer virus protection is up to date; and
g. Require and keep only the kinds of customer information that are necessary for utility purposes. (Ord. No. 2008-410, 12-16-08)
SECTION 140.060: PROGRAM UPDATES
This program will be periodically reviewed and updated to reflect changes in risks to customers and the soundness of the utility from identity theft. At least once per year, the Program Administrator will consider the utility’s experiences with identity theft situation, changes in identity theft methods, changes in identity theft detection and prevention methods, changes in types of accounts the utility maintains and changes in the utility’s business arrangements with other entities. After considering these factors, the Program Administrator will determine whether changes to the program, including the listing of Red Flags, are warranted. If warranted, the Program Administrator will update the program or present the Board of Aldermen with his or her recommended changes and the Board of Aldermen will make a determination of whether to accept, modify or reject those changes to the program. (Ord. No. 2008-410, 12-16-08)
SECTION 140.070: PROGRAM ADMINISTRATION
A. Oversight. Responsibility for developing, implementing and updating this program lies with an Identity Theft Committee for the utility. The Committee is headed by a Program Administrator who may be the head of the utility or his or her appointee. Two (2) or more other individuals appointed by the head of the utility or the Program Administrator comprise the remainder of the committee membership. The Program Administrator will be responsible for the program administration, for ensuring appropriate training of utility staff on the program, for reviewing any staff reports regarding the detection of Red Flags and the steps for preventing and mitigating identity theft, determining which steps of prevention and mitigation should be taken in particular circumstances and considering periodic changes to the program.
B. Staff Training And Reports. Utility staff responsible for implementing the program shall be trained either by or under the direction of the Program Administrator in the detection of red flags, and the responsive steps to be taken when a Red Flag is detected.
C. Service Provider Arrangements. In the event the utility engages a service provider to perform an activity in connection with one (1) or more accounts, the utility will take the following steps to ensure the service provider performs its activity in accordance with reasonable policies and procedures designed to detect, prevent, and mitigate the risk of identity theft.
1. Require, by contract, that service providers have such policies and procedures in place; and
2. Require, by contract, that service providers review the utility’s program and report any Red Flags to the Program Administrator.
D. Specific Program Elements And Confidentiality. For the effectiveness of identity theft prevention programs, the Red Flag Rule envisions a degree of confidentiality regarding the utility’s specific practices relating to identity theft detection, prevention and mitigation. Therefore, under this program, knowledge of such specific practices are to be limited to the Identity Theft Committee and those employees who need to know them for purposes of preventing identity theft. Because this program is to be adopted by a public body and thus publicly available, it would be counter-productive to list these specific practices here. Therefore, only the program’s general red flag detection, implementation and prevention practices are listed in this document. (Ord. No. 2008-410, 12-16-08)