HB 1132 -- Removal of City Officials

Sponsor:  Walton

This bill revises the law governing the removal of officers and
employees of third and fourth class cities.  Under current law,
in third and fourth class cities, the mayor may remove any
elective officer of the city for cause with the concurrence of a
majority of the city council, as long as the officer is given a
hearing by the council sitting as a court of impeachment.  The
city council, on a two-thirds vote, can remove an elective
officer for cause without the concurrence of the mayor.  In
addition, the mayor may remove any appointive officer of the city
at will with the concurrence of a majority of the council, and
two-thirds of the council can remove an appointive official
without the concurrence of the mayor.  The city council is given
authority to regulate the manner of impeachment and removal.

The bill establishes statutory standards and procedures for
impeachment of elective officers of third and fourth class
cities.  Among the standards and procedures, the bill:

(1)  Specifies the causes for impeachment as commission of a
felony, gross misconduct, habitual intoxication, willful neglect
of duty, corruption in office, incompetency, or any offense
involving moral turpitude;

(2)  Requires a two-thirds vote by the city council for the
removal of any elected officer of the city;

(3)  Establishes a method for any person with knowledge that an
elected officer may be subject to removal from office for the
causes specified to file an affidavit with the city clerk
alleging facts that might warrant impeachment;

(4)  Establishes procedures for drawing up articles of
impeachment and for a trial for removal, including requiring the
hiring of a special prosecutor; and

(5)  Prohibits courts from enjoining or restraining impeachment
proceedings but permits appeal of removal to the court of
appeals.

In addition, the bill applies the procedures applicable to the
removal of appointive officials to the removal of city employees.

Missouri House of Representatives
Last Updated October 11, 2002 at 9:00 am