To repeal section 79.240, RSMo 1994, relating to the removal of officers in fourth class cities, and to enact one new section relating to the same subject.

AS FOLLOWS:

Section A. Section 79.240, RSMo 1994, is repealed and one new section enacted in lieu thereof, to be known as section 79.240, to read as follows:

79.240. 1. [The mayor may, with the consent of a majority of all the members elected to the board of aldermen, remove from office, for cause shown, any elective officer of the city, such officer being first given opportunity, together with his witnesses, to be heard before the board of aldermen sitting as a board of impeachment.] Any elective officer, including the mayor, may [in like manner, for cause shown, be removed from office by] have a removal motion brought against them, for cause shown, in circuit court upon a two-thirds vote of all members elected to the board of aldermen, independently of the mayor's approval or recommendation. The mayor may, with the consent of a majority of all the members elected to the board of aldermen, remove from office any appointive officer of the city at will, and any such appointive officer may be so removed by a two-thirds vote of all the members elected to the board of aldermen, independently of the mayor's approval or recommendation. The board of aldermen may pass ordinances regulating the manner of impeachments and removals which are not inconsistent with state law.

2. Upon receiving the consent of a majority of all the members elected to the board of aldermen, the mayor shall request the prosecuting attorney to file, and the prosecuting attorney shall file within twenty-four hours of receipt of the request, a motion in circuit court seeking the removal of such officer. If the officer sought to be removed is the mayor, a representative of the board of aldermen shall make the request of the prosecuting attorney.

3. The judge may suspend the defendant officer at any time after the motion has been filed.

4. As used in this section, the phrase "for cause shown" shall mean any felony conviction or a misdemeanor conviction which relates to the performance of the duties of the office, or for misfeasance, malfeasance or willful neglect of duty.

5. All actions and proceedings under this section shall be in the nature of a civil action and shall be tried as such. The motion filed pursuant to this section shall not affect any pending or future criminal charges.