Did you know? What does the law say about removing an elected official in Missouri?

The rules for which local officeholders can be removed from office date back to 1939.

Section 106.220 of Missouri law states "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 duties of such office, or who shall be guilty of any willful or fraudulent violation or neglect of any official duty, or who shall knowingly or willfully fail or refuse to do or perform any official act or duty which by law it is his duty to do or perform with respect to the execution or enforcement of the criminal laws of the state, shall thereby forfeit his office, and may be removed therefrom in the manner provided in sections 106.230 to 106.290." If the officeholder is found guilty of the above, the "court shall render judgment removing him from such office, and he shall not be elected or appointed to fill the vacancy thereby created, but the same shall be filled as provided by law for filling vacancies in other cases. All actions and proceedings under the section "shall be in the nature of civil actions and tried as such."

The defendant has the right to appeal to the Missouri Supreme Court, and "said cause shall have precedence in said court on such appeal, and such supreme court shall hear such appeal as soon as possible." During the time of the appeal, the officeholder is suspended from office, and the trial court shall appoint a resident of the county.

The law gives the state's attorney general the authority to file a complaint against the official against whom a complaint has been raised.