During the Report Section of a recent Branson Board of Aldermen’s (Board) meeting, an alderman said, “I’m going back to Jeff City to work with our senator and representative regarding opportunities for bills for the city and other issues, so I would ask other people on the dais here if you have an interest, or you would like me to convey some specific thought during those meetings, I’d be happy to collaborate with you on however you’d like to do that, but I’ll be setting that date as soon as I hear back from them.”
“Seagull, I thought an alderman is a member of the board of aldermen and, except as allowed by statute or the Branson Municipal Code (Code), has no individual power or authority to act for or represent the city outside of their participation and vote in the collective decisions of the Board.” “No argument there.”
The Branson Municipal Code contains both a specific definition and list of duties to think “Mayor” but none for “Alderman.” Article II of Chapter 2 of the Branson Municipal Code provides for two aldermen from each of the city’s wards and establishes the Board with the six aldermen and the mayor. While the Chapter contains a list of duties for the mayor, except for their participation as a member of the Board and any assigned committees, there are no duties or authorizations in the Chapter.
“Is it true that an alderman cannot even get an item on the agenda for the Board to vote on without the consent of at least one other alderman or the mayor?” “Yes, that’s what the Branson Municipal Code says.”
“If that’s the case, how can an alderman, representing one of two votes in one of three wards in the city, using the color of their office, during the Reports section of an official board of aldermen’s meeting, say they are going back to Jeff City to work with our senator and representative regarding opportunities for bills for city and other issues?” “Because an alderman can say whatever they want during the Reports section of the meeting.” “Didn’t any of the other aldermen question his proposed action?” “Not one!”
“But Seagull, that’s ludicrous. It seems obvious. If an individual alderman can’t even get an agenda item on the very agenda they vote on without the consent of at least one other alderman or the mayor that no single alderman should be able to use the color of their office to meet with a state representative or senators in Jeff City about any city business not allowed by state law, the Branson Municipal Code, or authorized by the very Board they sit on.”
“That makes sense to an Ole Seagull. If an alderman is going the talk with anyone outside of city government using the color of their office for such, it should happen only if allowed by state law, the Branson Municipal Code, or the vote of the Board.
“Couldn’t the alderman conduct such talks as a private citizen?” “If they had done it that way, no problem, no one would have even known about it, and there would be no issue. But that’s not the way it was done!”
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