Opinion No. (1989)

Dear Representative Lang:

This opinion is in response to your question asking:

RSMo 77.450 states that if a vacancy occurs in any third class city elective office, "In all other counties" (second sentence), "the mayor, or the person exercising the office of mayor, shall recommend a person to fill the vacancy . . ." The section further states, "The council shall approve the person recommended by the mayor."

The question is related to the council's authority to disapprove the recommendation of the mayor. If "shall approve" is interpreted to mean that the council has no option but to approve the…