Chapter III.
THE COUNCIL
Section 1. Powers of the Council
All powers of the City not in conflict with state law, subject to the limitations of this Charter, shall be vested in the Council, which shall enact appropriate legislation and do and perform any and all other acts necessary and proper to carry out such powers or any provisions of this Charter.
Section 2. Number; Selection
The Council shall comprise a Mayor and six Councilmembers elected from the City at large.
Section 3. Qualifications
The Mayor and Councilmembers shall be qualified electors of the City and shall have resided in the City for not less than two years immediately preceding the filing of the election papers with the City Clerk. Primary residency must be within the City limits as established by state law criteria. The Mayor and Councilmembers shall not hold any other elected public office, nor any incompatible appointed public office. If the Mayor or a Councilmember ceases to possess any of these qualifications or should any of the conditions set forth in Section 11(D) and 12(3) of this Article exist, the office shall immediately become vacant. City employees are not eligible to stand for City election or serve as Mayor or as Councilmembers. No person shall be eligible for the office of Mayor or Councilmember who shall not have attained the age of 21 years prior to the deadline for filing of election papers.
Section 4. Terms of Mayor
A. The Mayor shall be elected for a term of four years. No person may be elected for more than four such terms as Mayor, whether served consecutively, non-consecutively, in partial, or in full, and this limitation shall apply to all individuals that held the office of Mayor prior to the effective date of this Charter, except as provided in subsection (B).
B. The Mayor serving on the effective date of this Charter may continue in office until the end of the current term and, if said Mayor has already served four or more terms or is currently serving a fourth term, then that Mayor may seek one additional term.
Section 5. Terms of Councilmembers
A. Each Councilmember shall be elected for a term of four years. No person may be elected for more than four terms as Councilmember, whether served consecutively, non-consecutively, in partial, or in full, and this limitation shall apply to all individuals that held the office of Councilmember prior to the effective date of this Charter, except as provided in subsection (B).
B. A Councilmember serving on the effective date of this Charter may continue in office until the end of the current term, and if any such Councilmember has already served four or more terms or is currently serving a fourth term, then that Councilmember may seek one additional term.
C. Councilmembers who desire to run for Mayor must resign their positions on the Council as of the day they submit their nomination papers, unless they are in the last year of their terms.
D. A candidate shall not run for more than one office in the same election.
E. Elections shall be held in even-numbered years and staggered so that three Councilmembers are elected in one even-numbered year, and the remaining three Councilmembers are elected in the next even-numbered year.
Section 6. Duties of Mayor
The Mayor shall serve as chair of the Council and preside over its meetings. The Mayor may make or second motions, and have a voice and vote in all Council proceedings. The Mayor has no veto power. The Mayor shall be recognized as head of the City government for all official and ceremonial purposes. The Mayor has limited administrative duties, and shall, on behalf of the Council, confer and advise with the City Manager to ensure that Council programs and policies are being fully implemented. Additionally, the Mayor shall govern the City by proclamation during times of emergency. The Mayor shall have additional powers and duties as set forth in the City Code.
Section 7. Vice Mayor
Every two years, following the induction of Council into office, the Council shall designate one of its members as Vice Mayor, and once so designated, that member shall serve in such capacity at the pleasure of the Council. The Vice Mayor shall perform the duties of the Mayor during the Mayor’s absence or temporary disability subject to Section 11(A) of this Article.
Section 8. Council to be Judge of Councilmember Qualifications
A. The Council is the judge of its members and of the grounds for forfeiture of their office and, for that purpose, has power to subpoena witnesses, administer oaths, take testimony, and require the production of evidence. A member charged with conduct constituting grounds for forfeiture of his or her office shall be entitled to a public hearing on demand, providing such demand is made in writing within two weeks of the filing of the charge, and notice of such hearing shall be published on the City’s website two weeks prior to the meeting. The City Clerk shall schedule a Council special meeting as soon as possible, but in no event within sixty days, after formal filing of unlawful conduct charges. The accused Mayor or Councilmember has the right for the hearing to be held publicly. Decisions made by the Council under this section are subject to review by the courts.
B. The removal of the Mayor and Councilmember from office shall be by an affirmative vote of at least five of seven Councilmembers, with due process and clear and convincing evidence, for unlawful conduct involving moral turpitude, fraud, malfeasance, misfeasance, nonfeasance, or corruption.
C. It requires three members of the Council to submit charges of unlawful conduct against the Mayor or a Councilmember. The charges must be filed in writing with the City Clerk.
Section 9. Induction of Mayor and Council into Office
The terms of Mayor and Councilmembers shall begin on or after January 1st following the regular election, prior to the first January regular Council meeting. Newly elected Councilmembers shall be sworn in publicly on or after the first business day following January 1st prior to the regular January Council meeting. In the case of a Mayor or Councilmember elected at a special election, they will be inducted after the canvass is adopted.
Section 10. Absence to Terminate Membership
If any Councilmember is absent from more than three consecutive regular meetings, or a total of four regular meetings in any calendar year, without the consent of the Council duly recorded in the minutes, they shall thereupon cease to hold office. Meetings that are canceled do not apply to this section.
Section 11. Vacancies in the Office of Mayor
A. The Vice Mayor, should the Vice Mayor be otherwise qualified, shall become Mayor and continue in office until the expiration of the unexpired mayoral term. Should the Vice Mayor not be qualified or choose not to assume the office of Mayor, the Council shall choose a Mayor who is qualified from among its membership. Should no Councilmember be chosen from Council membership, a Mayor shall be chosen by the Council until such time as a special election can be held. Upon taking the oath of office for the position of Mayor, the seat of the Council position held by the Vice Mayor or Councilmember shall be deemed to be vacant.
B. If the Vice Mayor assumes the office of Mayor, the Council shall elect a new Vice Mayor within thirty days of when the office of Vice Mayor became vacant.
C. The Council shall fill a Council position that becomes vacant due to the ascension to the office of Mayor, as provided in Section 12.
D. A vacancy in the office of Mayor shall exist, except under the recall provisions of this Charter, when the respective elected official fails to qualify within thirty days after commencement of such term; dies, resigns, moves from the City, or otherwise absents himself or herself from the duties of such office without the consent of the Council as provided in this Charter; is convicted of a felony or intentionally violating this Charter; or is judicially declared an incapacitated person as defined by state law.
Section 12. Vacancy in the Office of Councilmember
The Council shall fill vacancies by appointment, until the next regularly scheduled Council election, in accordance with the following qualifications:
(1) The vacancy must be filled with a qualified elector.
(2) The appointment shall be served until the end of the term being filled.
(3) A vacancy in the office of Councilmember shall exist, except under the recall provisions of this Charter, when the respective elected official fails to qualify within thirty days after commencement of such term; dies, resigns, moves from the City, or otherwise absents himself or herself from the duties of such office without the consent of the Council as provided in this Charter; is convicted of a felony or intentionally violating this Charter; or is judicially declared an incapacitated person as defined by state law.
Section 13. Special Meetings
The Mayor or acting Mayor, or at the request of three Councilmembers, by giving notice thereof to all Councilmembers, may call a special meeting of the Council for a time not earlier than twenty-four hours after notice is lawfully given and posted. In case of an actual emergency, a meeting may be held upon such notice as is appropriate to the circumstances, with only the business concerning such emergency to be acted upon.
Section 14. Rules of Procedure; Minutes
The Council shall, by ordinance, determine its own rules and order of business and agenda requirements subject to this Charter. The City shall keep minutes of its public proceedings, which shall be open to public inspection.
Section 15. Quorum; Ayes and Nays
A majority of the Council shall constitute a quorum. The vote on any question shall be by ayes and nays or by roll call vote and shall be entered in the minutes. At the request of any Councilmember, a roll call vote shall be taken. Second readings of City ordinances shall require a roll call vote. The vote may be taken by electronic device.
Section 16. Consideration of Petitions
Any person may appear before the Council at any regular meeting and present a written petition. Such petitions shall be considered by the Council in the regular course of business within sixty days. Referral to the City Manager for staff consideration shall also constitute Council consideration hereunder.
Section 17. Interference in Administrative Service
A. Except as otherwise provided in this Charter, neither the Mayor nor any Councilmember shall interfere with the execution of the City Manager’s powers and duties, or order, directly or indirectly, the employment, appointment, or removal of any person by the City Manager. Except for the purposes of inquiry, the Mayor and Councilmembers shall deal with the administrative service under the City Manager solely through the City Manager, and neither the Mayor nor any Councilmembers shall give orders to any subordinate of the City Manager, either publicly or privately.
B. Nothing in this section shall be construed to prohibit the Council while in open session from fully and freely discussing with or suggesting to the City Manager anything pertaining to City affairs or the interest of the City when related to an item on the agenda.