Title VIII — PUBLIC OFFICERS AND EMPLOYEES, BONDS AND RECORDS

105.964. Deadline for filing of reports extended, when — no extension, when. — 1. When the last day of filing any report, statement or other document required to be filed with the commission pursuant to the provisions of this chapter or chapter 130 falls on a Saturday or Sunday o…

*105.966. Ethics commission to complete all complaint investigations, procedure, hearing for time extension, when — applicability to ongoing investigations. — 1. Except as provided in subsection 2 of this section, the ethics commission shall complete and make determinations pursu…

105.967. Lobbyists not to serve on certain commissions. — After January 1, 1992, no person shall be appointed to or serve on any of the commissions created under Section 2 or Section 7 of Article III of the State Constitution while acting as a lobbyist, as defined by section 105.…

105.969. Executive branch code of conduct — adoption. — 1. The governor is directed to adopt by executive order a code of conduct applicable to state employees of the executive branch on or before February 1, 1992. Such code shall not supersede or be inconsistent with any provisi…

105.973. Summary of ethics, lobbying and campaign finance laws, commission to print and make available — candidate to verify receipt of summary, when. — 1. The ethics commission shall print and make available a summary of all laws over which the commission has enforcement powers …

105.975. Signature not required, when. — Notwithstanding any provision of law to the contrary, no signature shall be required by the ethics commission to view any public document not otherwise closed by law after the ethics commission has published all reports via the internet. ­…

105.977. Attorney general to represent commission, exception. — Notwithstanding any provision of law to the contrary, the attorney general shall represent the ethics commission in all state appellate or federal appellate or supreme courts, unless the attorney general refuses to p…

105.981. Rules, effective, when — rules invalid and void, when. — Any rule or portion of a rule promulgated pursuant to this bill* shall become effective only as provided pursuant to chapter 536 including but not limited to section 536.028, if applicable, after August 28, 1997. A…

106.010. Appointive officers — removal. — The governor shall have power and he is hereby authorized to remove from office, without assigning any other reason therefor, any appointive state official required by law to be appointed by the governor, whenever in his opinion such remo…

106.020. Who is impeachable — reasons for impeachment. — All elective executive officials of the state, judges of the supreme court, the court of appeals and circuit judges shall be liable to impeachment for crime, misconduct, habitual drunkenness, willful neglect of duty, corrup…

106.030. Power of impeachment — trial. — The house of representatives shall have the sole power of impeachment. All impeachments shall be tried before the supreme court, except that the governor or a member of the supreme court shall be tried by a special commission as provided f…

106.040. Articles of impeachment — transmittal. — When the house of representatives shall be satisfied that there is good cause to impeach any officer, they shall cause articles of impeachment to be made out in due form against such officer and shall transmit the same to the supr…

106.050. Suspension of impeached officer. — If any officer shall be impeached, he is hereby suspended from exercising his office, after he shall be notified thereof, until his acquittal. ­­-------- (RSMo 1939 § 12837, A.L. 1945 p. 1319 § 12839) Prior revisions: 1929 § 11211; 1919…

106.060. Office vacated by suspension — temporary appointment. — If the secretary of state, state auditor, state treasurer or attorney general be impeached, and notified thereof, an appointment shall be made by the governor to supply such vacancy until such impeachment shall be d…

106.070. Service of articles of impeachment. — When articles of impeachment shall be presented to the supreme court, the court shall immediately appoint some day for the appearance of the accused and cause a summons to be issued, signed by the chief justice of the court and count…

106.080. Impeachment commission — members — meeting. — If the governor or a judge of the supreme court shall be impeached, the house of representatives shall immediately transmit such articles of impeachment to the senate who shall, without delay, proceed to the election of a spe…

106.090. Organization of commission — summons to accused — employment of clerical help. — Immediately upon meeting, the commission shall proceed to organize by electing a president and a secretary and thereupon shall designate some day not less than twenty days nor more than thir…

106.100. Serving of summons. — The notices as required by sections 106.070 and 106.090 shall be served on the accused personally, if he can be found; and if he cannot be found, then by leaving a copy of such summons and articles of impeachment at his dwelling house or usual place…

106.110. Compensation to members of commission. — Each member of the special commission, provided for in section 106.080, shall be allowed an amount not to exceed ten dollars per day for actual and necessary expenses incurred in the performance of his duties, which allowance shal…

106.120. Accused to be given time to answer. — Upon the appearance of the accused, he shall have reasonable time to answer the impeachment; and when the answer shall be filed, the managers may reply thereto; and when issue shall be joined on any such impeachment, the court or com…

106.130. Depositions. — The president of the commission or the chief justice of the supreme court, as the case may be, on application of the respondent, or any of his counsel, or either of the managers, shall issue subpoenas for witnesses and commissions to take depositions where…

106.140. Manner of taking depositions. — Such depositions shall be taken in the same manner and the same notice be given as where depositions are taken in circuit court. ­­-------- (RSMo 1939 § 12844, A.L. 1945 p. 1319 § 12848) Prior revisions: 1929 § 11218; 1919 § 9191; 1909 § 1…

106.150. Proceedings ex parte. — If the accused shall not appear after being notified, or, after appearing shall fail to answer, the court or commission may proceed ex parte. ­­-------- (RSMo 1939 § 12845, A.L. 1945 p. 1319 § 12849) Prior revisions: 1929 § 11219; 1919 § 9192; 190…

106.160. Impeachment proceedings — oath. — At the time and place appointed for trial, and before proceeding thereon, some person authorized by law so to do shall administer to the members of the special commission, in cases of impeachment of the governor or a judge of the supreme…

106.170. Impeachment trial proceedings. — The members being sworn, the supreme court or the special commission, as the case may be, shall proceed to hear, try and determine such impeachment, and may adjourn the trial to any other time; and the court or commission shall determine …

106.180. Rights of accused — five-sevenths majority required to convict. — In all such trials the accused shall have a right to be heard by himself and his counsel, and all matters relating to procedure and the conduct of the trial shall be determined by a majority vote of the ju…

106.190. Accused party subject to indictment. — The party convicted or acquitted shall, notwithstanding such conviction or acquittal, be subject to indictment, trial, judgment and punishment, for any indictable offense, according to the law of the land. ­­-------- (RSMo 1939 § 12…

106.200. Disposition of transcript and judgment. — The supreme court or special commission, as the case may be, shall cause a transcript of the proceedings had on any impeachment to be made out, and the judgment of the court or commission, whether of conviction or acquittal, whic…

106.210. Writ to run in name of state. — All writs by the court or commission shall run in the name of the state of Missouri, shall be subscribed by the presiding officer and countersigned by a judge of the supreme court or in cases of impeachment of the governor or a judge of th…

106.220. Forfeiture of office — reasons for. — Any person elected or appointed to any county, city, town or township office in this state, except such officers as may be subject to removal by impeachment, who shall fail personally to devote his time to the performance of the duti…

106.230. Complaint against officer — duty of prosecuting attorney. — When any person has knowledge that any official mentioned in section 106.220 has failed, personally, to devote his time to the performance of the duties of such office, or has been guilty of any willful, corrupt…

106.240. Appointment of special prosecutor. — Upon the filing of the affidavit as provided in section 106.230, against any prosecuting attorney, the judge of the circuit court of said county may appoint a special prosecutor, who shall have power and authority to file a complaint,…

106.250. Action by attorney general. — When an affidavit has been filed with the clerk of the circuit court of any county in this state, as provided in sections 106.230 and 106.240, the governor may, in his discretion, direct the attorney general to assist in the prosecution agai…

106.260. Appointment of special sheriff. — In any proceedings instituted under the provisions of sections 106.220 to 106.290, the attorney general, prosecuting attorney or special prosecutor appointed by the court may file with the clerk of the circuit court an affidavit that he …

106.270. Removal of officer — vacancy, how filled. — 1. If any official against whom a proceeding has been filed, as provided for in sections 106.220 to 106.290, shall be found guilty of failing personally to devote his time to the performance of the duties of such office, or of …

106.273. Removal of chief law enforcement officer, when. — 1. For the purposes of this section, the following terms shall mean: (1) "Chief", any nonelected chief law enforcement officer of any political subdivision; (2) "Just cause", exists when a chief: (a) Is unable to perform …

106.280. Right of appeal. — In all prosecutions under sections 106.220 to 106.290, the defendant shall, upon conviction, after judgment of removal is entered, be entitled to an appeal to the supreme court of Missouri, and said cause shall have precedence in said court on such app…

106.290. Payment of costs. — If, upon the trial of such cause, the defendant be acquitted, the complainant shall be adjudged to pay all costs, and upon motion for that purpose, filed before said cause shall be called for trial, the court may compel him to give security for paymen…

107.010. Sureties of county officers to be residents of county. — The sureties of all clerks, sheriffs, constables, collectors and other county officers shall be residents of the county in which the bonds to which they become parties, by reason of being sureties for any of the sa…

107.020. Who shall not be taken as surety. — No sheriff, collector, constable, county treasurer, attorney at law, clerk of any court of record, judge or justice of any court of record shall be taken as surety in any official bond that may be given by an officer in this state. ­­-…

107.030. Court shall require additional security, when. — When it shall come to the knowledge of any court whose duty it is to approve the official bonds of any of the officers named in section 107.010, that a surety of any of the said officers has become a nonresident of the cou…

107.040. Time limit for additional security — default. — If, upon investigation of the matter, it shall appear that any surety has become a nonresident of the county in which the bond is filed, has died, become insolvent, or in any otherwise insufficient, the court shall require …

107.050. Discharge of former sureties. — When the additional bond is given and approved, the former sureties shall thereby be discharged from any misconduct of the principal after the approval of said bond. ­­-------- (RSMo 1939 § 3237) Prior revisions: 1929 § 2850; 1919 § 1001; …

[Repealed or reserved.]

107.070. Surety bond, officers may give, when — cost, how paid. — Whenever any officer of this state or of any department, board, bureau or commission of this state, or any deputy, appointee, agent or employee of any such officer; or any officer of any county of this state, or an…

107.080. Corporate surety accepted, when. — Any company having a paid-up capital of not less than two hundred thousand dollars, organized and incorporated under the laws of this or any state of the United States, or any foreign government, for the purpose of transacting the busin…

107.090. Foreign corporation in surety business. — No company not incorporated under the laws of this state shall engage in the business contemplated by section 107.080 until it shall have first complied with all the provisions of the law relating to insurance companies other tha…

107.100. Company executing bond as surety estopped to deny its corporate authority. — Every company which shall execute any bond or other obligation, as surety for another, under the provisions of sections 107.080 and 107.090 shall be estopped to deny its corporate power to execu…

107.110. Sureties on certain bonds — evidence of solvency. — No official bond in a penal sum of twenty-five thousand dollars or more shall be approved until after the sureties therein shall subscribe and swear to a statement, to be duly attested and endorsed on or attached to the…

107.120. Additional testimony may be taken. — Testimony in addition to that of such sureties may be required by the officer or court passing upon the sufficiency of such bonds; and when required it shall in every case be endorsed on or attached to the bond, subscribed by the witn…