Opinion No. 139-81 (1981)

Dear Representative McBride:

This letter is in response to your questions asking:

1. In a third class city in Missouri when an election is held by the city council members to fill the position of mayor pro tem can the election be conducted by secret ballot of the council members when only the final tally is announced and not the specific vote of each council member?

2. In case of a tie, is it permissible under state law for the mayor then to vote to break the tie?

Section 77.070, RSMo 1978, provides in pertinent part:

[T]he council shall elect one of its members president pro tem, who shall hold…