77.340. May remove officer with consent of council. — The mayor may, with the consent of a majority of all the members elected to the city council, remove from office, for cause shown, any elective officer of the city, such officer being first given opportunity, together with his witnesses, to be heard before the council, sitting as a court of impeachment. Any elective officer may, in like manner, for cause shown, be removed from office by a two-thirds vote of all the members elected to the city council, independently of the mayor's approval or recommendation. The mayor may, with the consent of a majority of all the members elected to the council, remove from office any appointive officer of the city at will; and any such appointive officer may be so removed by a two-thirds vote of all the members elected to the council, independently of the mayor's approval or recommendation. The council may pass ordinances regulating the manner of impeachment and removals.
Notes of Decisions
State Ex Rel. Powell v. Wallace, 718 S.W.2d 545 (Mo. Ct. App. 1986).
· cites it 4× “The appellant also contends that the notice was infirm because the charges were so indefinite and uncertain that he was unable to explain or deny the allegations raised. We disagree. In this case, the removal proceeding was instituted pursuant to the Administrative Procedure and…”
Shands v. City of Kennett, 756 F. Supp. 420 (E.D. Mo. 1991).
· cites it 14× “In Count IV plaintiffs alleged that their discharge was procedurally improper under Mo.Rev.Stat. § 77.340. In Count V plaintiffs alleged that their discharge was unconstitutional under Article II, Section 1 of the Constitution of the State of Missouri.”
Moon v. City of Sedalia, 723 S.W.2d 597 (Mo. Ct. App. 1987).
· cites it 4× “Section 77.340, RSMo 1978, provides that the mayor of a third class city, with the* consent of a majority of all the members elected to the city council, may remove from office for cause shown, any elective *599 officer of the city, such officer first being given opportunity,…”
Amaan v. City of Eureka, 615 S.W.2d 414 (Mo. 1981).
“Third-class cities see § 77.340. Fourth-class cities see § 79.240.”
State ex rel. City Council of Gladstone v. Yeaman, 768 S.W.2d 103 (Mo. Ct. App. 1988).
· cites it 3× “In § 77.340 impeachment of officers of third class cities there is a hearing procedure by which an officer can respond to charges brought against that person.”
Pearson v. City of Washington, 439 S.W.2d 756 (Mo. 1969).
“” The right of removal of an officer or an employee is provided for by § 77.340, and the authority, depending upon the circumstances, is placed in the mayor with the consent of a majority of the council or in two-thirds of the council.”
McNichols v. City of Wellston, 613 S.W.2d 215 (Mo. Ct. App. 1981).
· cites it 5× “Both parties rely on Section 77.340 RSMo. 1978 providing a dual method for removal of appointive officers.”
Miller v. City of Macon, 845 S.W.2d 113 (Mo. Ct. App. 1993).
· cites it 15× “Miller contends that there is a genuine issue of material fact as to whether he was an appointive “officer” for the purpose of section 77.340, RSMo 1986. Section 77.-340 provides that an appointive officer is subject to removal at will by the mayor with the consent of a majority…”
Opinion No. (2006) (Mo. Att'y Gen. 2006).
· cites it 12× “1 Section 77.340 provides that: The mayor may, with the consent of a majority of all the members elected to the city council, remove from office, for cause shown, any elective officer of the city, such officer being first given opportunity, together with his witnesses, to be…”
Mason v. City of Breckenridge Hills, 100 S.W.3d 153 (Mo. Ct. App. 2003).
· cites it 5× “Anita Mason (hereinafter, “Appellant”) appeals the circuit court’s judgment affirming the City of Breckenridge Hills City Council’s (hereinafter “the Council”) decision to impeach and remove her from her office as a councilwoman pursuant to Section 77.340 RSMo (1998). 1…”
Nulsen v. City of Louisiana, 751 F. Supp. 153 (E.D. Mo. 1990).
· cites it 4× “In addition, the City contends that plaintiff, as a public employee of a third class city, is subject to Mo.Rev.Stat. § 77.340 which provides that the mayor may remove any appointive officer of the city "at will”.”
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