Missouri Revised Statutes

Mo. Rev. Stat. § 79.050 (2026)

Elective officers, terms

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  79.050.  Elective officers, terms — chief of police or marshal, qualification — same person may be elected collector and marshal — board of aldermen, four-year term permitted, submission to voters required. — 1.  The following officers shall be elected by the qualified voters of the city, and shall hold office for the term of two years, except as otherwise provided in this section, and until their successors are elected and qualified, to wit:  mayor and board of aldermen.  The board of aldermen may provide by ordinance, after the approval of a majority of the voters voting at an election at which the issue is submitted, for the appointment of a collector and for the appointment of a chief of police, who shall perform all duties required of the marshal by law, and any other police officers found by the board of aldermen to be necessary for the good government of the city.  The marshal or chief of police shall be twenty-one years of age or older. If the board of aldermen does not provide for the appointment of a chief of police and collector as provided by this section, a city marshal, who shall be twenty-one years of age or older, and collector shall be elected, and the board of aldermen may provide by ordinance that the same person may be elected marshal and collector, at the same election, and hold both offices and the board of aldermen may provide by ordinance for the election of city assessor, city attorney, city clerk and street commissioner, who shall hold their respective offices for a term of two years and until their successors shall be elected or appointed and qualified, except that the term of the city marshal shall be four years.

  2.  The board of aldermen may provide by ordinance, after the approval of a majority of the voters voting thereon at the next municipal election at which the issue is submitted, that the term of the collector shall be four years and the term of the mayor shall be two, three, or four years.  Any person elected as collector after the passage of such an ordinance shall serve for a term of four years and until his successor is elected and qualified.  Any person elected as mayor after the passage of such ordinance shall serve for a term of two, three, or four years, as provided, and until his successor is elected and qualified.

  3.  The board of aldermen may provide by ordinance that the term of the board of aldermen shall be four years.  Such ordinance shall be submitted by the board to the voters of the city and shall take effect only upon the approval of a majority of the voters voting at an election at which the issue is submitted.  Any person elected to the board of aldermen after the passage of such an ordinance shall serve for a term of four years and until his successor is elected and qualified.

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(RSMo 1939 § 7101, A.L. 1961 p. 200, A.L. 1987 H.B. 155, A.L. 1988 H.B. 1531, A.L. 1989 H.B. 785, A.L. 1998 S.B. 580, A.L. 2007 S.B. 22)

Prior revisions: 1929 § 6951; 1919 § 8402; 1909 § 9304

Notes of Decisions
Cited in 9 cases, 1976–2017 · leading case: Carter v. City of Pagedale, 982 S.W.2d 744 (Mo. Ct. App. 1998).
Carter v. City of Pagedale, 982 S.W.2d 744 (Mo. Ct. App. 1998). · cites it 15× “Appellants contend the trial court erred in holding the City was authorized as a matter of law to appoint the chief of police under Section 79.050, RSMo 1994. Appellants argue that Section 79.”
Worlledge v. City of Greenwood, 627 S.W.2d 328 (Mo. Ct. App. 1982). · cites it 6× “The option for an appointed police chief rather than an elected city marshal, either of which is authorized under § 79.050, RSMo 1978, 1 had been selected by the voters of Greenwood at an election in 1972.”
Barnes v. City of Lawson, 820 S.W.2d 598 (Mo. Ct. App. 1991). · cites it 4× “The record reflects that the electorate of the City of Lawson did authorize the Board of Aldermen to appoint a chief of police for the City as provided pursuant to § 79.050, RSMo Supp.1990. The issue submitted to the electorate was as follows: Shall the Board of Aldermen of the…”
Loman v. Tharp, 542 S.W.2d 306 (Mo. Ct. App. 1976). · cites it 4× “Appellant’s contention is based upon these propositions as shown by the record and advanced in his brief: Platte City, being a city of the fourth class, was required by § 79.050, RSMo 1969, to have a city marshal who shall be elected for a term of two years unless the board of…”
Hardesty v. City of Buffalo, 155 S.W.3d 69 (Mo. Ct. App. 2004). · cites it 2× “One of the appointive offices established by the City, pursuant to § 79.050 and § 79.230, is Chief of Police.”
Copeland v. City of Union, 534 S.W.3d 298 (Mo. Ct. App. 2017). “380 directly conflict with Sections 79.050, 79.240, 79.310 (providing for the appointment or election, removal, and duties of fourth-class city collector); 94.”
Pumphrey v. City of Lutesville, 707 S.W.2d 475 (Mo. Ct. App. 1986). · cites it 3× “240, RSMo 1978, he should be treated as a marshal, elected as *477 provided in § 79.050, RSMo 1978. Under the latter statutory section and the city ordinances of respondent, the “city marshal” is an elected position.”
Fidler v. Pers. Comm. ex rel. City of Raytown, 766 S.W.2d 158 (Mo. Ct. App. 1989). · cites it 3× “Section 79.050, RSMo Supp.1988. The mayor and board of aldermen have the general care, management and control of the city and the power to enact ordinances, rules and regulations deemed necessary.”
Hawkins v. City of Fayette, 604 S.W.2d 716 (Mo. Ct. App. 1980). “§ 79.050. The matter of when the oath of office is taken is immaterial to its term.”
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