The Branson Board of Alderman voted to make it easier to remove a City Administrator from their position and put the positions of City Clerk and City Attorney under its formal control. The changes to the Branson Municipal Code (BMC) that the board approved on first reading at its June 9 meeting substantially reduces the role of the city administrator in appointing, terminating, and supervising Branson’s city clerk and attorney.
All three changes were submitted by Branson Alderwoman Sandra Williams as part of a package of three specific separate ordinance changes. Williams said that one of her objectives was to make the wording in the BMC “be the same wording that is in our state statute.” Alderman Bob McDowell pointed out that the current ordinances, although more restrictive than state law, were in compliance with the minimum requirements of Missouri state laws. This was confirmed by City Attorney Paul D. Link.
The change to the BMC involving the city administrator simply 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. Prior to the change, the BMC, although in compliance with the minimal two thirds requirements of Section 79.240 of the Missouri Revised Statutes (RSMo), required five votes to terminate the city administrator. With the ordinance change only the vote of four is required.
Prior to the change, the BMC was silent as to who appointed and terminated the city attorney. With the changes a new subsection has been added 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.”
Of the three proposed changes, this was the most contentious with Alderman Stephen Marshall, Bob McDowell, and Stan Barker against the measure because, among other things, they thought it could cause day to day inefficiencies in performing the city’s business. McDowell also pointed out that as the system currently works the city attorney reports to both the city administrator and the board. Aldermen Rick Davis pointed out that is was strictly an organization structure change which was consistent with the views of Williams and Alderwoman Chris Bohinc.
The vote was tied three to three on the issue and Branson Mayor Raeanne Presley broke the tie in favor of the change. In doing so she expressed her belief that on a day to day basis the city attorney would still answer to the city administrator, equated the boards working relationship with the city attorney to that of its relationship with the city administrator and “that our citizens have asked us to bring this to the level of the elected official’s oversight.”
The revised ordinances also revised subsection 2-121 of the BMC to 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.” Subsection 2-121(c) of the BMC entitled “Term; Compensation” removes the city administrator from the termination process and places the process under the mayor and the board.
During the board meeting, as well as during the work session, it was pointed out that the situation had been discussed with the new city administrator, Dean Kruitof, during the interview process. It was said that he 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 will be on the consent agenda for the boards June 23 meeting and will automatically become final without any further discussion unless removed from the consent agenda.
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.
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.