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

Mo. Rev. Stat. § 79.320 (2026)

City clerk, election

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  79.320.  City clerk, election — duties. — The board of aldermen shall elect a clerk for such board, to be known as "the city clerk", whose duties and term of office shall be fixed by ordinance.  Among other things, the city clerk shall keep a journal of the proceedings of the board of aldermen.  He shall safely and properly keep all the records and papers belonging to the city which may be entrusted to his care; he shall be the general accountant of the city; he is hereby empowered to administer official oaths and oaths to persons certifying to demands or claims against the city.

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(RSMo 1939 § 7118)

Prior revisions: 1929 § 6968; 1919 § 8419; 1909 § 9321

Notes of Decisions
Cited in 5 cases, 1990–2020 · leading case: State ex rel. Thomas v. Neeley, 128 S.W.3d 920 (Mo. Ct. App. 2004).
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State ex rel. Thomas v. Neeley, 128 S.W.3d 920 (Mo. Ct. App. 2004). · cites it 2× “” Under § 79.320, RSMo 2000, the city clerk of a fourth class city (Branson’s classification) has duties and a term of office fixed by ordinance.”
Adams v. City of Manchester, 242 S.W.3d 418 (Mo. Ct. App. 2007). · cites it 2× “Citizens claim the City Clerk lacked authority to do this in that it resulted in a change in the City’s records as opposed to an amendment of the records to reflect the accuracy of the proceedings.”
Carter v. City of Pagedale, 982 S.W.2d 744 (Mo. Ct. App. 1998). · cites it 2× “The board of aldermen is only expressly given the authority to elect the city clerk, Section 79.320, and the mayor pro tem, Sections 79.”
Henry v. City of Ellington, 789 S.W.2d 205 (Mo. Ct. App. 1990). · cites it 3× “320 provides that the board of aldermen of a fourth-class city “shall elect a clerk for such board, to be known as ‘the city clerk’, whose duties and term of office shall be fixed by ordinance.” Previous to plaintiff’s reappointment the aldermen had enacted its ordinance No.”
Johnson v. City of Leadington, No. 4:19-cv-02282, 2020 WL 6117944 (E.D. Mo. Oct. 16, 2020). “§ 79.320 , demonstrate that all her comments were made pursuant to those responsibilities, and therefore she was speaking at all times as a public employee.”
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