Section 2.7 Who Determines When a Municipal Officer or Employee May Hold Over

• Library: Local Government Deskbook (2017 Ed.)

D. (§2.7) Who Determines When a Municipal Officer or Employee May Hold Over

Article VII, § 12 (emphasis added), of the Missouri Constitution states: “Except as provided in this constitution, and subject to the right of resignation, all officers shall hold office for the term thereof, and until their successors are duly elected or appointed and qualified.” Holdover provisions have been part of the Missouri Constitution since at least 1865. See State ex rel. Robinson v. Thompson, 38 Mo. 192 (1866) (the Superintendent of Public Instruction could hold over, under the Missouri Constitution of 1865, until a successor was appointed and qualified). Thus, the notion of holding over an office beyond its terms is constitutionally derived and should be the first consideration of counsel.

Despite contrary common law, it no longer appears that...