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Article XI Section 11.020. All bills, measures and proceedings pending or under consideration by the council at the time this charter takes effect and not inconsistent with provisions hereof shall remain unaffected by this charter and may be acted upon and disposed of as if they had originated and been introduced under this charter. Section 11.030. All judicial proceedings of any kind or character and all condemnation proceedings for the taking or damaging of private property for public use, and all proceedings to incur debt and issue bonds, begun or pending at the time this charter takes effect, and all contracts for the doing of any kind of public work, not completed and performed at the time this charter takes effect, shall in no wise be affected by the adoption of this charter; but the same may be completed in every respect as nearly as may be in accordance with the provisions of this charter. Section 11.040. All rights of action, contracts, titles, fines, penalties and forfeitures accrued to and in favor of the county or against the county before this charter goes into effect shall remain in existence in full force and effect as fully in every respect as if this charter had not taken effect. All recognizances and contracts lawfully entered into or executed by or to the county and the lien thereof, and all writs, prosecutions, actions and causes of action shall continue and remain unaffected by this charter. Section 11.050. All ordinances, resolutions, orders and proceedings of the council may be proved by the certificate of the county clerk under the county's seal, and the same or copies thereof when so certified or when printed and published by authority of the council shall be received in evidence in all cases and places and by all courts without further proof. Copies of the books, records and papers, or parts thereof, of any department, office, hoard, commission or agency when duly certified by the officer having custody and control of any such books, records and papers shall be prima facie evidence of the recitals therein contained and shall be received in evidence in all places and by all courts without further proof. Section 11.060. All officers elected or appointed for definite terms under the provisions of this charter shall continue to hold office, unless lawfully removed, until their successors are duly elected or appointed and qualified, provided that no officer may vote on the qualifications of his successor. Section 11.070. Before entering upon his duties every officer shall file with the county clerk his certificate of election or appointment and shall take and subscribe before and file with the county clerk his oath or affirmation that he possesses all the qualifications of the office to which he is chosen, and is not subject to any of the disqualifications in this charter named, that he will support the constitution of the United States and of the State of Missouri, and will demean himself faithfully in office. Section 11.080. 1. No officer or employee of the county, whether elected or appointed, shall in any manner whatsoever be interested in or receive any benefit from the profits or emoluments of any contract, job, work or service for the county. No such officer or employee shall accept any service or thing of value, directly or indirectly, from any person, firm or corporation having dealings with the county, upon more favorable terms than those granted to the public generally; nor shall he receive, directly or indirectly, any part of any fee, commission or other compensation paid or payable to the county, or by any person in connection with any dealings with the county, or by any person in connection with any dealings with or proceedings before any office, officer, department, board, commission or other agency of the county. No such officer or employee shall directly or indirectly be the broker or agent who procures or receives any compensation in connection with the procurement of any type of bonds for county officers, employees or persons or firms doing business with the county guaranteeing the performance of any contract with the county. No such officer or employee shall solicit or accept any compensation or gratuity in the form of money or otherwise for any act or omission in the course of his public work, provided, however, that the head of any department or board or commission of the county may permit an employee to receive a reward publicly offered and paid for the accomplishment of a particular task. 2. The provisions of this section shall be broadly construed and strictly enforced for the purpose of preventing officers and employees from securing any pecuniary advantages, however indirect, from their public associations, other than their compensation provided by law. In order, however, to guard against injustices, the council may, by resolution, generally authorize stock ownership in widely owned corporations dealing with county, or specifically authorize any county officer or employee to own an interest in any corporation or to maintain a business in connection with any person, firm or corporation dealing with the county, or permit a member of a board or commission generally to transact business with the county other than in a matter in which he has personally participated as a member or which is before the board or commission of which he is a member if, on full public disclosure of all pertinent facts to the council by such officer or employee, the council shall determine that such stock ownership, connection or transaction does not violate the public interest. 3. Any officer or employee of the county who willfully conceals any such interest or violates any of the provisions of this section shall forfeit his office. If any person shall offer, pay, refund or rebate any part of any fee, commission or other form of compensation to any officer or employee of the county in connection with any county business or proceeding, he shall, on conviction, be punishable by imprisonment for not less than one or more than six months. Any contract made in violation of this section may be declared void by the county executive or by resolution of the council. The requirements and penalties of this section shall be in addition to all other provisions and penalties provided by law. 4. This section shall be self-enforcing but the council may supplement its provisions and extend prohibitions against conflicts of interest by ordinance not inconsistent herewith. Section 11.090. An officer or employee of the county whose pay is fixed by this charter or by ordinance may not receive additional pay for any other service or duty for the county. Section 11.100. Any person in the service of the county who handles any public money shall be bonded by corporate surety and premiums on such bonds shall be paid by the county. Section 11.110. There shall be no discrimination in employment or compensation of county employees on account of sex, race, color, national origin, or religious affiliation. The county shall not employ any person who is a member of the communist party or who advocates the overthrow, by violence, of the American form of government. Section 11.120. The departments, officers, boards, commissions and other agencies provided for in this charter shall be entitled to the possession of all papers, books, documents, maps, plats, records, and archives now in the possession or under the control of those, respectively, who are superseded under this charter by such departments, officers, boards and other agencies. Section 11.130. If any doubt shall exist as to what department, office, officer or agency of the county shall exercise or perform any power or duty conferred or imposed by the constitution, by law or by this charter, the council by ordinance shall specify by whom such power or duty shall be exercised or performed. Section 11.140. In the event that any of the powers and duties of counties or county officers prescribed by the constitution or by statute are withdrawn or assumed by the state the implementation thereof and the closing or abolition of any county office may be effected by ordinance. Section 11.150. If a code or other volume or volumes containing this charter or the ordinances, resolutions or orders of the county be published by authority of the council, the same shall be received in evidence in all courts and other places without further proof. Section 11.160. The articles, sections, paragraphs, sentences, clauses and all other parts of this charter are severable, it being the purpose of this charter to provide for the government of St. Louis County, Missouri, in compliance in all respects with the constitution of Missouri and with the laws of Missouri governing said county except insofar as said laws are legally modified or legally supplanted by this charter. If a court or competent jurisdiction shall adjudge to be invalid or unconstitutional any one or more articles, sections, paragraphs, sentences, clauses or other parts of this charter, such judgment or decree shall not affect, impair, invalidate or nullify the remainder of this charter, but the effect thereof shall be confined to the articles, sections, paragraphs, sentences, clauses or other parts of this charter so adjudged to be invalid or unconstitutional. Section 11.170. This charter shall take effect upon its approval by the voters. The charter of 1968 and all amendments thereto except as herein provided shall be superseded by this charter. Article XII Section 12.020. This schedule shall constitute a part of the charter only to the extent and for the time required to effect the transition from the charter of 1968 as amended to the government as provided in this charter. Certificate of Final Adoption We, the undersigned members of the St. Louis County Charter Commission, duly appointed under the provisions of Section 10.020 of the Charter of 1968 as amended by the voters November 7, 1978, hereby certify that the foregoing is the proposed Charter of St. Louis County as finally approved and adopted by the unanimous vote of all the members of the Commission on the 28th day of June, 1979, for submission to the voters at the November Supplemental election to be held Tuesday, November 6, 1979. |
