86.930. Membership of the board--election procedures--vacancies--oath. - Missouri Statutes

Membership of the board--election procedures--vacancies--oath.

86.930. 1. The retirement board shall be constituted as follows:

(1) Two members, one of whom shall be of the political party castingthe highest number of votes statewide for governor in the election nextpreceding such member's selection and the other of whom shall be of thepolitical party casting the next highest number of votes statewide forgovernor at the election next preceding such member's selection, shall beselected by the board of police commissioners of such cities to serve one-and two-year terms respectively. All such subsequent members shall servefor terms of two years each or to fill an unexpired term;

(2) Two members, one of whom shall be of the political party castingthe highest number of votes statewide for governor in the election nextpreceding such member's selection and the other of whom shall be of thepolitical party casting the next highest number of votes statewide forgovernor at the election next preceding such member's selection, shall beselected by the city council of such city, one of whom may be the directorof finance of such city to act as ex officio member, and the other to servefor a term of two years; and

(3) Five members shall be elected for three-year terms respectivelyor to fill an unexpired term in annual elections in which each member ofthe police retirement system, each person receiving benefits as a survivingspouse of a member of the police retirement system, and, if such city hasestablished a civilian employees' retirement system of the policedepartment of such city pursuant to the provisions of sections 86.1310 to86.1640, each member of such civilian employees' retirement system and eachperson receiving benefits as a surviving spouse of a member of suchcivilian employees' retirement system shall be entitled to one vote.

2. Commencing with the first annual election for members of theretirement board in 2004, the five elected members of the board shall bedesignated and elected as follows:

(1) If a city has established a civilian employees' retirement systemof the police department of such city under the provisions of sections86.1310 to 86.1640, the elected members of the retirement board of suchcity shall consist of three restricted members and two open members:

(a) One restricted member shall be a member of the police retirementsystem who has retired from active service with the police department as ofthe date of such member's election to the board;

(b) One restricted member shall be a member of the police retirementsystem who, as of the date of such member's election to the board, is inactive service as a police officer and has not attained the rank ofsergeant or higher; and

(c) One restricted member shall be a member of the civilianemployees' retirement system of the police department of such city.

There shall be no required qualifications for open members. At the annualelection in 2004 and each third year thereafter, one open member shall beelected to a three-year term. At the annual election in 2005 and eachthird year thereafter, one open member shall be elected to a three-yearterm. At the annual election in 2006 and each third year thereafter, thethree restricted members shall be elected to a three-year term. Suchelections shall be conducted simultaneously but as elections for threeseparate offices, in which only persons qualified for a respective officemay be a candidate for such office;

(2) If a city has not established a civilian employees' retirementsystem of the police department of such city under the provisions ofsections 86.1310 to 86.1640, the elected members of the retirement board ofsuch city shall consist of two restricted members and three open members.All provisions of subdivision (1) of this subsection shall apply, exceptthat the restricted membership provided for a member of a civilianemployees' retirement system shall be an open membership;

(3) In every election in which more than one position is to befilled, either for a three-year term or for the unexpired portion of theterm of a position which has become vacant, every candidate in suchelection must declare the position to which such candidate desires to beelected; and no person may be a candidate for more than one such positionin any given election;

(4) Any person elected to a restricted position on the retirementboard who at the time of such election meets the qualifications for suchposition shall be deemed to continue to meet such qualifications throughoutthe term to which such person was elected, regardless of any change in therank, classification or other employment status of such person.

3. If a vacancy occurs in the office of a member of the retirementboard the vacancy shall be filled for the unexpired term in the same manneras the vacated office was previously filled.

4. Each member of the retirement board shall, within ten days afterappointment or election, take an oath of office that such member willdiligently and honestly administer the affairs of the board, and will notknowingly violate or willingly permit to be violated any of the provisionsof the law applicable to the police retirement system. Such oath shall besigned by the member and filed with the clerk of such city.

(L. 2005 H.B. 323)