Bill No 690 Ordinance No 1688 City Clerk

AN ORDINANCE PROVIDING FOR THE APPOINTMENT OF A CITY CLERK AND TO ESTABLISH THE DUTIES, HOURS AND COMPENSATION OF THE CITY CLERK FOR THE CITY OF RICH HILL

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BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RICH HILL, MISSOURI AS FOLLOWS:

WHEREAS, Missouri Revised Statute §79.320 provides that the Board of Aldermen shall elect a Clerk for the Board of Aldermen to be known as the City Clerk whose duties and term of office shall be fixed by ordinance.

WHEREAS, Missouri Revised Statute §610.023.1 provides that a public governmental body is to appoint a custodian to maintain that body’s records and the identity and location of the custodian is to be made available upon request; and

WHEREAS, Missouri Revised Statute §610.026 sets forth that a public governmental body shall provide access to and, upon request, furnish copies of public records; and

WHEREAS, Missouri Revised Statute §610.028.2 provides that a public governmental body shall provide a reasonable written policy in compliance with sections 610.010 to 610.030, RSMo, commonly referred to as the Sunshine Law, regarding the release of information on any meeting, record or vote.

WHEREAS, the Board of Aldermen deems it advisable and in the best interest of the citizens of Rich Hill to appoint a City Clerk.

SECTION 1 -Date, term of appointment and bond

a. The City Clerk shall be appointed by the Board of Aldermen and serve at the pleasure of the Board of Aldermen.

b. The City Clerk shall hold this office until a successor is duly appointed and qualified.

c. The City Clerk hereby is appointed Custodian of Records of the City of Rich Hill, Missouri and that the Custodian is located at City Hall, 120 N 7^th Street, Rich Hill, MO. 64779. Such designation does not mean that the City Clerk will have all records in her possession, but simply is an indication to where requests for copies of records and information regarding the City government shall be directed.

d. Surety Bond:

The City Clerk shall be covered by a surety bond purchased by the City in the amount of $25,000.
The terms and conditions of the surety bond shall be determined and negotiated by the City with the bonding company or entity contracting with the City.
The surety bond shall be conditioned upon the faithful performance of the duties of the City Clerk and shall ensure that the City Clerk shall turn over all monies belonging to the City, as provided by law, that may come into the City Clerk’s hands and that the City Clerk shall turn over to her successors in office or to such other proper officer of the City, all books, papers and personal property of whatsoever nature in her custody that belongs to the City.
In the event of any breach of condition of any bond, suit may be instituted by the City or by any person in the name of the City to recover any monies, assets, books, papers or personal property of whatsoever nature that belongs to the City.

SECTION 2 – Qualifications

a. The City Clerk shall not be in arrears for any unpaid City taxes or forfeiture or defalcation in office at the time of appointment as City Clerk.

b. The City Clerk shall be a qualified voter under the laws and Constitution of the State of Missouri and the Ordinances of the City of Rich Hill.

c. The City Clerk shall:

Possess knowledge of the principles and methods of finance, accounting and auditing;
Possess knowledge of office management procedures, practices and equipment;
Possess knowledge of purchasing procedures;
Have the ability to maintain cooperative working relationships with City officials, employees and the public;
Have the ability to carry out complex oral and written instructions;
Have a high school diploma or equivalency. An associates or 4-year degree in Business, Financing or Accounting are preferred.

SECTION 3 – Duties

The following duties of the City Clerk are not all-inclusive, and the City Clerk may be required to perform additional duties at the request of the Mayor and Board of Aldermen.

The duties of the City Clerk, at a minimum, shall be as follows:

a. Act as Secretary to the Board of Aldermen by performing the following activities:

Attend all Board of Aldermen meetings or appoint a deputy to attend.
Prepare the agenda:

a) Provide a copy of the Agenda to each of the Aldermen and the City Attorney no later than the Friday before each regularly scheduled Board meeting;

b) Provide any documentation for consideration about the topics listed on the Agenda.

3. Keep a journal of the proceedings of the Board of Aldermen by preparing accurate minutes.

a) Never retype the minutes or block out the original version.

b) The final copy of the minutes with any necessary corrections and additions shall be transcribed on a good, durable bond paper and bound in a substantial binder for a permanent record.

b. Safely and properly keep all the records and papers of the City entrusted to the City Clerk’s care.

The City Clerk, upon request, shall certify documents as true and correct copies of those on file in the City Clerk’s office that may be filed in Court proceedings or at the Bates County Recorder’s Office.
The City Clerk shall attend Court hearings to verify copies of documents that are on file in the City Clerk’s office when called upon to do so.
A method of dual or cross-filing to access information as efficiently as possible shall be utilized as required. For example: Contracts or agreements

a) The contract or agreement referenced in the body shall be attached and made a part of the ordinance or resolution;

b) A copy of the contract or agreement shall be maintained in a separate file, organized alphabetically by the name of the person or firm with whom the City is contracting.

4. Dispose of public records pursuant to the Municipal Retention Manual to ensure that valuable records are preserved and that records of no further value are disposed of. The stored records containers and/or file cabinets shall be marked and labeled for identification. The disposition of records shall be recorded in some permanently preserved document and/or electronically and shall contain the following information:

a) description and quantity of the record being disposed of;
b) manner of destruction;
c) inclusive dates covered;
d) date of destruction;
e) initials of individual who destroyed the files.

c. Serve as custodian of public records under the Open Meetings and Records Law, also referred to as the Sunshine Law.

Respond to requests for access to or copies of public record within the time period provided by statue except in those circumstances authorized by statue.
All requests shall be made in writing. Oral requests, if received by the City Clerk, shall be immediately recorded in written form to document the same.
Any request received by the City Clerk shall be initialed by the clerk, with the date and time of receipt noted.
Fees to be charged for access to or furnishing copies shall be as provided:

a) Copies for records shall be 10 cents per page for paper 9 by 14 or smaller.
b) Hourly fee for duplicating copies shall be the average hourly rate of pay for clerical staff of the City of Rich Hill.
c) Research time shall be billed at actual costs of the clerical staff preforming the research.

d. Post and publish the following:

Meeting notices;
Proposed ordinances;
Administrative findings of facts and conclusions of law;
Requests for bids;
Notices of hearings; and
All other posting required by statute.

e. Serve as the General Accountant of the City to provide accountability to the public and provide financial information to the Mayor and Board of Aldermen through the accounting system, assistance in the budgeting process and preparation of periodic financial reports and includes, but is not limited, to the following duties:

Record of Revenue:

The City Clerk shall keep a complete record of all City revenue, utilizing a separate category for each type of appropriation or fund for all moneys paid into the City Treasury and shall charge each separate category with all warrants drawn on each category.

Record of Liabilities:

The City Clerk shall keep a record of all City obligations, specifying the date of issuance, for what purpose issued, the rate of interest, the time when principal and interest becomes due, the amount of principal, to whom payable and the registered number of each bond and coupon.

Drawing of Warrants:

a) For all accounts audited and allowed against the City for payment, approved by the Mayor and Board of Aldermen and authorized by the required appropriation, the City Clerk shall draw a warrant on the City Treasury for the amount due.

b) In the body of every warrant drawn upon the Treasury, the City Clerk shall note the particular fund category out of which the same is to be paid.

Warrant Register:

The City Clerk shall maintain a register of all warrants drawn upon the City Treasury, specifying the number, date, to whom payable, on what fund or appropriation drawn and the amount of each warrant.

f. Manage the City’s flow of cash receipts and disbursements to ensure maximum cash availability and includes the following:

ensure that cash is received and disbursed in the most efficient manner;
make periodic activity reports to the Board of Aldermen to keep them informed of investments, earnings and other activities;
periodically review any limitations imposed on the City’s cash management activity by state statute or local ordinance or custom. Where local ordinances or practices might limit cash management, provide that information to the Board to determine if and what attempts could be made to change such provision.

g. Attest to the Mayor’s signature and affix the city seal on all orders, drafts and warrants drawn on the City Treasury for money.

h. Administer official oaths and oaths to persons certifying to demands or claims against the City.

i. Countersign the sale of all lots in the City cemetery and maintain a record that includes a copy of the deed of each cemetery lot, a record of which lots have been sold and which lots are available for sale, the name and all contact information for whom each lot is sold, the date of the sale and the location of the sold lots.

j. Prepare, index and file ordinances and resolutions;

Each ordinance/resolution shall be assigned a permanent number.
After final passage by the Board of Aldermen, the ordinance shall be signed by the Mayor.
The City Clerk shall attest the Mayor’s signature and affix the City Seal to each passed ordinance.
Each ordinance/resolution shall be bound in a substantial binder as a permanent record, kept in numerical order.
All ordinances/resolutions shall be indexed both numerically and by subject, either by index card or in a spreadsheet such as Excel; each entry shall bear its number, date of passage and its title and description of the subject matter.
Any ordinance/resolution that applies specifically to a particular department shall be duplicated and provided to the appropriate department head.
The original ordinance shall be kept in a fireproof vault or safe and locked away securely at the end of each working day.
A duplicate ordinance/resolution book shall be made available for review by City Officials, residents and any other party who wishes to see a particular ordinance.
All but the most routine ordinances and resolutions should be reviewed by the City Attorney; all Municipal Court ordinances shall be reviewed by the City Attorney. In some instances, the Municipal Court ordinances may be prepared by the City Attorney.
All ordinances shall be posted by numerical order, along with its title on the City’s web site. The web site shall be updated within 7 days from the date the ordinance is signed by the Mayor.

k. Administer the City’s payroll and insurance programs.

l. Issue licenses and permits.

m. Maintain files of completed personal financial interest disclosure forms.

n. Maintain employee personnel files.

These personnel records are the primary employment records for the City, and duplicate departmental record keeping shall be discontinued.
Each employee file shall contain the following information:

a) A copy of the employee’s original application and any interview and examination results that were part of the application process (except notes from individual interviewers that are not part of an interview form shall not be retained).

b) Up-to-date contact information: name, address, telephone number, date of birth, social security number, names of dependents, emergency contact information.

c) A copy of current driver’s license.

d) Copies of certifications/licenses pertinent to the employee’s employment.

e) Copies of performance reviews.

f) Copies of all disciplinary action taken, including probation agreements.

g) Payroll history shall be kept manually or electronically and shall consist of a record of all important events bearing on the compensation and benefits of each employee. The payroll history shall include, but is not limited to, the following:

1) the first date of employment;

2) beginning salary;

3) every subsequent change of status such as salary increase, transfer, promotion or separation;

4) accumulation and use of vacation leave, sick leave, and comp time, etc.

Medical information shall be retained in a file separate from each employee’s permanent personnel file and is considered highly confidential. Serious legal consequences may result if this information is released to any persons not authorized to have access to this information. This information shall not be made available to supervisors or department directors as the basis of making employment-related decisions. Medical files shall contain the following information:

a) Worker’s compensation claims;

b) Medical releases to return to work;

c) Medical conditions to be accessed in case of a medical emergency;

d) Any other information relating to the health and medical treatment of the employee.

The personnel file shall not contain the following, except as noted above in Section k.1. a) through g) above:

a) Notes, memos or messages that are related to official personnel action.

b) Memos, notes or messages kept by a supervisor about behaviors or performance in the workplace that has not been discussed with the employee as part of a periodic review or disciplinary action.

c) Medical information.

Confidentiality of Personnel Records

a) Positions held by an employee and the employee’s compensation are public information.

b) Information relating to the performance or merit of individual employees shall be a closed record. The release of this information to the public shall be prohibited.

c) Social Security numbers shall not be released and are confidential information.

o. Prepare a procedures manual in loose-leaf notebooks, carefully indexed so that someone can follow directions and properly address the matter in the absence of the City Clerk or in an emergency situation. The procedures notebook shall contain, at a minimum, the following information:

Details of all office procedures.
Copies of form letters sent for various purposes with a notation of where they can be found on the computer.
Examples of news release formats, bid requests, ads to recruit employees, etc.

p. Prepare special tax bills to recover the costs of abatement of nuisances and dangerous buildings.

q. Perform general duties regarding City elections and coordination with the County Clerk who is the designated County Election Authority.

The call for election is determined by the Board of Aldermen by Ordinance which sets forth the specific election dates and time, purpose of the election and instructs the City Clerk to give notice of the election as prescribed by law; the dates are set by the Secretary of State’s Office or the County Election Authority;
The City Clerk shall notify the County Election Authority of the Election:

a) no later than 5 pm on the 10^th Tuesday prior to the election, in writing, specifying the name of the officer or agent calling the election and shall include a certified copy of the legal notice; or

b) the notice may, with prior notification to the election authority, be sent by facsimile transmission prior to 5 pm on the 10^th Tuesday prior to the election, provided the original copy of the notice and a certified copy of the legal notice is received by the election authority within 3 business days from the date of the facsimile transmission.

Advertise filing dates by causing a legal notice to be published in at least 1 newspaper of general circulation in the City prior to the opening of filing, and the legal notice shall include which offices are to be filled, the opening filing date, the location in which to file and the closing date for filing.

Accept filing of candidates for City offices using the standard form prescribe by Missouri Revised Statute §115.349 that is modified for those filing for city office. If possible, a deputy shall be appointed to accept candidate filings in the absence of the City Clerk.

a) Filing of candidates shall begin at 8 am the 16^th Tuesday prior to the election date and closes at 5 pm on the 11^th Tuesday prior to the elections.

b) Each City candidate shall be provided with and directed to sign a written notice of the obligation to file a personal financial interest statement (ethics disclosure).

c) Clearly designate where candidates shall form a line to file.

d) Candidates who file on the first day may determine by random drawing the order in which each candidate’s names shall appear on the ballot.

The County Election Authority provides an estimate of the cost of conducting the election to the City Clerk no later than the 5^th Tuesday prior to the election, and the City Clerk shall deposit the estimated costs with the County Election Authority no later than the 3^rd Tuesday prior to the election.

At the first meeting of the Board of Aldermen after the election, the City Clerk shall:

a) Present the canvass of votes as prepared by the County Election authority;

b) Issue the certificates of election and commissions to elected officials;

c) In case of a tie vote, shall have the candidates who have tied draw lots as permitted in Missouri Revised Statute115.517(4).

r. Prepare Schedule of Events:

Annual and monthly calendars shall be posted on the City’s web site, at City Hall and be distributed to the Mayor, the Aldermen, the City Attorney, the Department heads and others having a need for this information. Each calendar shall include the following information:

Regular Meetings of the Board of Aldermen;
Municipal court dates;
Board and Commission meetings;
City holidays;
Any other information deemed appropriate by the Board of Aldermen.

SECTION 4 – Removal of City Clerk or Vacancy in the Office of City Clerk

a. The Mayor, with the consent of a majority vote of the Board of Aldermen, which consists of 3 of the 4 members elected to the Board of Aldermen, may remove an appointed City Clerk from office for cause shown; or an appointed City Clerk may be removed from office by a vote of 3 of the 4 elected Aldermen without the Mayor’s approval upon cause shown.

b. If a vacancy occurs in an appointed City Clerk’s position, the Mayor shall appoint a suitable person to discharge the duties of that office until the first regular meeting of the Board of Aldermen thereafter, at which time, such vacancy shall be permanently filled by a majority vote of 3 of the 4 elected Aldermen.

c. If there is a lack of a majority vote of the elected Aldermen, which consists of a vote of 3 of the 4 elected Aldermen, the appointment by the Mayor shall continue until such time as a majority vote of 3 of the 4 elected Aldermen vote for the appointment or until such time as a new appointment for this position is made and approved pursuant to Section 1 of this Ordinance.

This Ordinance shall be in full force and effect from the date it is passed and approved.

ALL ORDINANCES OR PARTS OF ORDINANCES OR POLICIES IN CONFLICT WITH THIS ORDINANCE ARE HEREBY REPEALED.[i]

First reading on this the 27th day of March 2019.

Second reading on this the 27th day of March 2019.

This Ordinance was read, passed and approved this 27^th day of March 2019.

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Jason Rich, Mayor Ayes: Humble, Robb, Kassner

Attest:

Nays: None

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Brittany Schenker, City Clerk Pilcher was absent.

[i] Missouri Revised Statute §79.050; Missouri Revised Statute §79.250 (sets general qualifications for City Clerks).

SECTION 3 – Duties are comprised of recommendations found in the Manual for City Clerks (2004); Missouri Revised Statutes §§ 79.050; 79.320 (makes the City Clerk the City’s General Financial Accountant); 95.365 (attest Mayor’s signature on Warrants drawn on the City Treasury); 115.523 (administer the oath of office to successful candidates after receipt of official election results from County Clerk); 67.398.1 (preparation of special tax bills for unpaid for removal of weeds, debris and other nuisances and dangerous building abatement costs); 115.123 (sets the dates for elections) and election calendars are available from the Secretary of State’s office at www.sos.state.mo.us.gov; 115.125 (city clerk to give notice of election as prescribed by law; 115.127(5) (establishes a uniform filing period that opens 17 Tuesdays before Election day and closes 11 Tuesdays before election day); 115.125(1) (sets forth the date, time and method of notice of election); 115.125(5) (sets forth the length of publication and the contents of the published legal filing notice; sets the opening and closing dates to accept filings of candidates for City offices); 105.487(1) (directs City Clerk to provide to and direct City candidates to sign a personal financial disclosure statement); 115.077(2) (sets forth time of receipt and deposit of the estimated costs of the election); 115.124(2) (determine candidate’s location on the ballot by random drawing); 115.346, 79.250 (prohibits the election or appointment of individuals with unpaid municipal taxes or municipal user fees); 109.130 (a microfilmed copy of the minutes and other city records are acceptable as a permanent copy and are adequate for any legal purpose); The Municipal Retention Manual is available through the office of the Secretary of State and should be closely studied and followed by the City Clerk in the management and disposition of public records. The manual can be found online at: http://www.sos.mo.gov/archives/localrecs/schedules/municpl.asp. The time periods set forth in the Manual are not meant to dictate to the municipal official that certain types of records must be disposed of at the end of a particular period of time and are based upon suggested times as experienced over time.

SECTION 4 -– Missouri Revised Statute § 79.240 (does not specifically state that cause shown is required for removal of appointed City Clerk); However, Henry v. City of Ellington, 789 S.W.2d 205 (Mo. App. S.D., 1990) (damages, including punitive damages, were awarded to City Clerk who was fired without cause shown); 79.050.1; 79.280.

This Ordinance repeals and replaces: Ordinance 1652, enacted May 23, 2017; which replaced Ordinance 1399, enacted April 23, 2013 and Ordinance 1271, enacted September 12, 2006.

This Ordinance repeals and replaces: Ordinance 1271, enacted September 12, 2006; which replaces Ordinance 1217, enacted August 10, 2004.