Section 2.11 Authorities to Remove Elected Officers, Appointed Officers, and Employees Distinguished

• Library: Local Government Deskbook (2017 Ed.)

B. (§2.11) Authorities to Remove Elected Officers, Appointed Officers, and Employees Distinguished

Municipalities exist at the pleasure of the legislature and, therefore, “can exercise only such powers as are expressly or impliedly conferred upon them.” Fidler v. Pers. Comm. for City of Raytown, 766 S.W.2d 158, 160 (Mo. App. W.D. 1989). The legislature, through statutory enactments, ordinarily dictates how and when an elected or appointed municipal officer may be removed from office. See, e.g.:

· § 77.340, RSMo 2016 (removal of third class city officers)

· § 79.240, RSMo 2016 (removal of fourth class city officers)

· § 80.240, RSMo 2016 (removal of town and village officers)

Accordingly, statutes governing the particular municipal entity at issue should be the first place of consideration for any practitioner faced with questions of removal.

In many of its statutory enactments, the legislature has drawn distinctions between elected municipal officers and appointed municipal officers. The former typically receive special protections whereby cause must be shown before removal can be had—this has been the law for generations. See State ex rel. Ragsdale v. Walker, 68 Mo. App. 110, 120 (W.D. 1896) (“it was well settled in this state that a general power to remove a municipal officer elected for a definite term confers only the power of removal for cause, by...