If proposed changes to the Branson Municipal Code (BMC) are enacted, it appears that the role of the city administrator in appointing, terminating, and supervising Branson’s city clerk and attorney will be substantially reduced and the roll of the Branson Board of Aldermen (board) substantially increased. If approved the changes will remove the city administrator from the appointment and termination process and make the city clerk “subject to the direction of the board of aldermen.”
The proposed ordinance changes were presented by Branson Alderwoman Sandra Williams at the board’s work session meeting on June 3 as part of a package of three specific ordinance changes. The changes involve the number of votes it takes to terminate the city administrator and the appointment and termination of the city attorney and clerk`. In presenting the changes Williams said that that one of her objectives was to make the wording in the BMC “be the same wording that is in our state statute.”
The change to the BMC involving the city administrator is minimal. It reduces the current three fourths vote of the board required in Subsection 2-81 of the BMC to terminate the administrator without the concurrence of the mayor to two thirds minimum. The current provisions of the BMC, although in compliance with the minimal two thirds requirements of the Section 79.240 of the Missouri Revised Statutes (RSMo), requires five votes to terminate the city administrator; if the proposed change is approved that number will be reduced to four.
Currently the BMC is silent as to who appoints and terminates the city attorney. Williams proposes adding a subsection to the BMC provisions pertaining to the city attorney entitled “Appointment, term and removal.” That subsection provides that “the mayor, with the consent and approval of the majority of the members of the board of aldermen shall appoint a city attorney who shall hold office at the pleasure of the board of aldermen.” The proposal also provides that the city attorney may be removed by four votes of the board with or without the mayor’s consent at will. State law, in Section 79.230 RSMo, states that “The mayor, with the consent and approval of the majority of the members of the board of aldermen, shall have power to appoint,” among other positions mentioned a “city attorney.”
Section 79-320 of the Missouri Revised Statutes (RSMo) states, “The board of aldermen shall elect a clerk for such board, to be known as “the city clerk” whose term of office shall be fixed by ordinance.” Currently subsection 2-121(a) of the BMC, entitled “Appointment” reads, “The city clerk shall be appointed by the city administrator and his/her name shall be submitted for election by the board of aldermen.” As proposed the revised subsection 2-121 would read “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, and shall serve at the pleasure of the board of aldermen.”
In addition, the proposed changes to subsection 2-121(c) of the BMC entitled “Term; Compensation” would remove the city administrator from the termination process and place it under the board and put it in the hands of the mayor and board. The ability of the city administrator to require the city clerk to perform other duties at their discretion would be reduced under the changes proposed to subsection 2-121(b) of the BMC, entitled “Duties.
During a lengthly discussion on the changes, Alderman Bob McDowell expressed his opinion, which was confirmed by City Attorney Paul D. Link, that the city’s ordinances in these areas are in compliance with state statute. Mayor Raeanne Presley said that her concern with the situation involving the city clerk and city attorney’s position was one of checks and balances and went on to say, “I do think that the clerk and the attorney rise to the level, while not quite equal, I think they rise to the level beside he city administrator and it is the responsibility of this board to know that these individuals are answerable directly to the board.”
She also pointed out that the situation had been discussed with the new city administrator, Dean Kruitof, during the interview process. The mayor went on to say that Kruitof had indicated that he had worked under similar arrangements where the attorney and clerk had worked for the board, was familiar with it and had no problem with it. The proposed changes are scheduled for consideration at the board’s next regular meeting on June 9.
Reprinted with permission of the Tri-Lakes Tribune, a free newspaper published and distributed three times weekly, Sunday, Wednesday and Friday. Please call 417-336-NEWS (6397) for classified and display advertising opportunities.
