Section 2.17 Powers of Municipal Officers—Generally

• Library: Local Government Deskbook (2017 Ed.)

A. (§2.17) Powers of Municipal Officers—Generally

The governing body of a traditional municipality or charter city—the city council, a board of aldermen, a board of trustees, etc.—is both empowered and limited by the laws creating local government. Fourth class cities, third class cities, towns, and villages are governed by statute (refer generally to Chapters 77, 79, and 80, RSMo). In contrast, a charter city is generally granted, by constitutional mandate, all the powers the General Assembly can grant; in this sense, a charter city—subject to its charter—generally has much broader, unrestricted authority to act (though the statutes of traditional municipalities regularly delegate authority to local government in much the same way). See, e.g., Engelage v. City of Warrenton, 378 S.W.3d 410, 413 (Mo. App. E.D. 2012) (discussing local government generally); see also Mo. Const. art. VI, § 19 (detailing unique authority granted to charter government). Whether statute or constitutional mandate, these so-called “enabling” authorities define the absolute outer boundaries that a municipal officer must act within.

Indeed, municipal officers of traditional and charter forms of government share, but cannot exceed, the authorities granted to the local government they serve. The basic authority to contract offers an important demonstration of this principle. It is well-established that a public officer—whether statewide or municipal—cannot enter into a valid contract unless given that authority...