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Impeachments Steps for mayors or

city councils
Our system of government provides many checks and balances to
ensure that no one individual can amass too much authority. One
of those important checks allows a legislative body to impeach
elected officials who may step outside their bounds. For city
councils, they may occasionally be faced with mayor or alderman
who continuously goes beyond their authority in taking actions on
behalf of the city. Or they may have to deal with an elected official
who disregards the law and is causing a disruption to the city
operation.
It is clear that Missouri law provides only one method to remove a
member of the Board of Alderman from office: Impeachment.
RSMO 79.240 allows the mayor, or a member of the Board of
Aldermen, to be removed from office with the consent of two-thirds
vote of all members of the board. The removal must be based upon cause shown, which Missouri courts
have interpreted to include any legally sufficient ground or reason for the impeachment.[1] The reason
should relate to, or effect, the administration of the office and be related to the rights and interests of the
public. Such reasons could include an act of improperly performing his duty, exceeding his authority or
failing to fulfill his responsibilities.[2]
Any process for impeachment should afford the mayor, or other official, notice of the allegations made
against him and the opportunity to be heard. These are the basic due process rights that are protected by
both our state and federal constitutions. Because of these requirements, the standard practice for
impeaching an elected official includes two steps. First, the governing body adopts the Articles of
Impeachment which outlines the accusations made against the offending official. Then, an impeachment
hearing is scheduled. Both steps of this process would be open to the public under the Missouri Sunshine
Law.
At the impeachment hearing, the agencys attorney presents the case for impeachment to the governing
body, while the official may be represented by private counsel. Witnesses and other evidence can be
adduced in the same manner as would occur at a trial, and it is then up to the Board of Alderman to
consider the impeachment evidence. At the conclusion of the evidence, the governing body votes upon
the Articles of Impeachment. In the case of a municipality, a two-thirds vote is required upon at least one
article to result in an impeachment. In the event an official is impeached, he or she may appeal the
matter for review in circuit court.
Of course, the impeachment process can be an expensive burden upon the city, as well as an
embarrassing affair for all those involved. Aldermen and mayors would do well to be cautioned against
using impeachment in all but the most extreme circumstances. Although censures and formal
reprimands have little actual force, they can often be effective in bringing a problem to the attention of
others, and possibly, allowing the removal of an officer to be done through the next election, rather than
an impeachment hearing.

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