HB 227 -- Municipal Elected Officials

Sponsor:  Walton

This bill revises the law governing the removal of elected
officials of third and fourth class cities.  The bill:

(1)  Requires consent of a two-thirds majority of a city council
to remove an elected city official;

(2)  Lists several specific actions which justify removing an
elected official from office;

(3)  Allows a city council, with the consent of a two-thirds
majority, to remove an employee, and allows a mayor, with the
consent of a simple majority of the council, to remove an
employee.  Current law allows only the removal of appointed
officers;

(4)  Establishes a process allowing any person to file an
affidavit with the city clerk, alleging facts that would warrant
impeachment of a city official;

(5)  Prohibits a court from enjoining or restraining any
impeachment proceeding;

(6)  Allows an impeachment judgment to be appealed directly to
the court of appeals;

(7)  Allows city councils to appoint a city resident to replace
an impeached elected official, pending appeal;

(8)  Requires city councils to appoint a special prosecutor to
prosecute an impeachment;

(9)  Requires city councils to pay the attorney's fees of any
defendant who is acquitted;

(10)  Requires some procedural issues of the impeachment
proceeding to be determined by a majority vote of the city
council;

(11)  Grants city councils subpoena and contempt powers; and

(12)  Sets forth various notice requirements, procedure, and
time restrictions for impeachment proceedings.

Missouri House of Representatives
Last Updated November 26, 2001 at 11:42 am