184.358. Subdistricts governed by commission, appointment--qualifications--terms--removal from office--nonvoting advisory members, appointment, terms.
Subdistricts governed by commission,appointment--qualifications--terms--removal fromoffice--nonvoting advisory members, appointment, terms.
184.358. 1. Each subdistrict established by the voters asprovided in section 184.350 shall be governed by a commissionconsisting of ten members to serve without compensation for aterm of four years except as provided in this section. Fivecommissioners and their respective successors shall be appointedby the chief executive officer of the constitutional chartercounty and five commissioners and their respective successorsshall be appointed by the chief executive officer of theconstitutional charter city, from persons nominated and submittedby the respective then existing commissions. The authority toappoint shall include the authority to reject and in such case anadditional nominee or nominees shall be submitted. Thecommissioners shall nominate a person to replace members whoseterms are to expire or to fill a vacancy. Commissioners who havebeen appointed by the chief executive officer of the city shallbe residents of the city during their tenure in office andcommissioners appointed by the chief executive officer of thecounty shall be residents of the county during their tenure inoffice. Nothing in this section is designed nor should it beconstrued to prohibit the appointment by the commission ofnonvoting commissioners to the commission of any subdistrict norshall the residency requirements be applicable. The legislativebody of the constitutional charter city upon the petition of thechief executive officer of such city after a public hearingthereon may remove any commissioner residing in the city formisconduct or neglect of duty, and the legislative body of theconstitutional charter county upon petition of the chiefexecutive officer of the county after a public hearing thereonmay remove any commissioner residing in the county for misconductor neglect of duty. No commissioner removed shall be eligible toappointment to any subdistrict, commission, office, or to theboard of the district. There shall also be four nonvotingadvisory members. Two of the advisory members shall be selectedby the chief executive officer of the constitutional chartercounty and two of the advisory members shall be selected by thechief executive officer of the constitutional charter city, withsuch four-year terms beginning October 1, 1992, subject to theadvice and consent of the respective legislative bodies of thecity or county in which the proposed member resides.
2. Each botanical garden subdistrict, each transport museumsubdistrict, each Missouri history museum subdistrict, eachsymphony orchestra subdistrict and each recreation and amateursports subdistrict established as provided in section 184.353shall be governed by a commission consisting of ten members toserve without compensation for a term of four years except asprovided in this section. Five commissioners and theirrespective successors of each commission shall be appointed bythe chief executive officer of the constitutional charter countyand five commissioners and their respective successors of eachcommission shall be appointed by the chief executive officer ofthe constitutional charter city from persons nominated andsubmitted by the respective then existing commissions. Theauthority to appoint shall include the authority to reject and insuch case an additional nominee or nominees shall be submitted.The commissioners shall be appointed by the appropriateappointing authority within seven days after the certification bythe election officials of the subdistrict as provided insubdivision (3) of subsection 1, subdivision (3) of subsection 2,subdivision (3) of subsection 3, subdivision (3) of subsection 4,and subsection 5 of section 184.353. The commissioners soappointed shall be divided upon appointment into four classes.The first class shall hold office for a term of one year. Thesecond class shall hold office for a term of two years. Thethird class shall hold office for a term of three years and thefourth class shall hold office for a term of four years, suchterms to run from the first of January following theirappointment and annually thereafter. The commission shallnominate a person to replace members of the class whose terms areto expire or to fill a vacancy. Commissioners who have beenappointed by the chief executive officer of the city shall beresidents and registered voters of the city during their tenurein office and commissioners who have been appointed by the chiefexecutive officer of the county shall be residents and registeredvoters of the county during their tenure in office. Nothing inthis section is designed nor should it be construed to prohibitthe appointment by the commission of nonvoting commissioners tothe commission of any subdistrict nor shall the residencyrequirements be applicable. The legislative body of theconstitutional charter city upon the petition of the chiefexecutive officer of such city after a public hearing thereon mayremove any commissioner residing in the city for misconduct orneglect of duty, and the legislative body of the constitutionalcharter county upon petition of the chief executive officer ofthe county after a public hearing thereon may remove anycommissioner residing in the county for misconduct or neglect ofduty. No commissioner removed shall be eligible to appointmentto any subdistrict, commission, office, or to the board of thedistrict. There shall also be four nonvoting advisory members.Two of the advisory members shall be selected by the chiefexecutive officer of the constitutional charter county and two ofthe advisory members shall be selected by the chief executiveofficer of the constitutional charter city, with such four-yearterms beginning on October 1, 1992, subject to the advice andconsent of the respective legislative bodies of the city orcounty in which the proposed member resides.
(L. 1969 3d Ex. Sess. H.B. 23 § 5, A.L. 1981 S.B. 48, A.L. 1982 S.B. 711, A.L. 1984 S.B. 628, A.L. 1985 S.B. 32, A.L. 1989 H.B. 116, et al., A.L. 1990 S.B. 525, A.L. 1992 S.B. 553)