Mo. Rev. Stat. » Chapter 79
Missouri Revised Statutes

Mo. Rev. Stat. § 79.120 (2026)

Mayor may sit in board

✓ current as of May 2026
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  79.120.  Mayor may sit in board. — The mayor shall have a seat in and preside over the board of aldermen, but shall not vote on any question except in case of a tie, nor shall he preside or vote in cases when he is an interested party.  He shall exercise a general supervision over all the officers and affairs of the city, and shall take care that the ordinances of the city, and the state laws relating to such city, are complied with.

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(RSMo 1939 § 7103)

Prior revisions: 1929 § 6953; 1919 § 8404; 1909 § 9306

Notes of Decisions
Cited in 14 cases, 1954–2020 · leading case: Chad v. City of Lake Ozark, 223 S.W.3d 208 (Mo. Ct. App. 2007).
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Chad v. City of Lake Ozark, 223 S.W.3d 208 (Mo. Ct. App. 2007). · cites it 21× “Citing § 79.120, the respondent contends that this interpretation of § 105.”
Hardesty v. City of Buffalo, 155 S.W.3d 69 (Mo. Ct. App. 2004). · cites it 24× “After considerable thought this court holds that section 79.120 RSMo . controls, and agrees that this statute effectively makes the mayor a member of the Board of Aldermen for the exclusive purpose of casting tie breaking votes.”
State ex rel. Ciaramitaro v. City of Charlack, 679 S.W.2d 405 (Mo. Ct. App. 1984). · cites it 9× “120 so that he is disqualified from voting. We reverse. To resolve the first issue, §§ 79.”
City of Velda City v. Williams, 98 S.W.3d 880 (Mo. Ct. App. 2003). · cites it 11× “City then filed its third motion for summary judgment, claiming that under section 79.120 RSMo 2000, Williams lacked the authority to break the tied vote on the ordinance and the ordinance was therefore void.”
Hawkins v. City of Fayette, 604 S.W.2d 716 (Mo. Ct. App. 1980). · cites it 4× “110 provides that the mayor and board of aldermen shall have the care, management and control of the city and its finances; § 79.120 provides that the mayor shall have a seat in and preside over the board of aldermen, but shall have no vote except in the case of a tie, and he…”
HOPE BAPTIST CH. v. City of Bellefontaine Neighbors, 655 F. Supp. 1216 (E.D. Mo. 1987). · cites it 2× “Therefore, under Mo.Rev.Stat. § 79.120 (Vernon's 1987), he votes in Board elections only in the case of a tie.”
City of St. Robert, Missouri, Plaintiff-respondent v. Alan Clark, 471 S.W.3d 321 (Mo. Ct. App. 2015). · cites it 4× “" Section 79.120. A fourth-class city is to be 4 Point I actually contends that in finding that Administrator "was properly removed[,]" "the judgment is not supported by substantial evidence, is against the weight of the evidence, and either erroneously declares or applies the…”
Mosher v. Beirne, 237 F. Supp. 684 (E.D. Mo. 1964). · cites it 2× “" Section 79.120 provides that the mayor shall "exercise a general supervision over all the officers and affairs of the city, and shall take care that the ordinances of the city, and the state laws relating to such city, are complied with.”
State v. Patterson, 534 S.W.2d 847 (Mo. Ct. App. 1976). “), the mayor “shall exercise a general supervision over all the officers and affairs of the city” (§ 79.120); he “shall sign all orders, drafts and warrants .”
Krug v. Vill. of Mary Ridge, 271 S.W.2d 867 (Mo. Ct. App. 1954). “Bealler? It should be pointed out that the chairman of the board of trustees of a village is not a mere presiding officer with the power to vote only in case of a tie (as' in the case of the mayor of the fourth class city, § 79.120). He is entitled to vote on all measures which…”
Ken Hammer v. City of Osage Beach (8th Cir. 2003). · cites it 4× “240 , that Mayor Schneider was authorized to break the tie vote of the Board under Mo. Rev. Stat. § 79.120 , and that Hammer’s procedural due process rights were not violated.”
Blakeney v. City of Pine Lawn, Missouri (E.D. Mo. 2020). · cites it 2× “See § 79.120, RSMo. Moreover, only “with the consent of a majority of all members elected to the board of aldermen” is a mayor permitted to “remove from office any appointive officer of the city.”
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