Except as this Charter provides otherwise, all powers of the City shall be vested in the Council. The Council shall provide for the exercise of these powers and for the performance of all duties and obligations imposed on the City by law.
There shall be a City Council of six (6) members, two (2) from each district, nominated and elected by the qualified voters of their respective districts, as provided by .
A Councilman shall be a qualified voter of the City and shall have been a resident of the City for at least one (1) year prior to his election, and reside in the district from which he is elected.
Councilmen shall be elected to serve staggered, two-year terms. At each regular municipal election Councilmen shall be elected to fill the position of those whose terms expire.
The Council may determine the annual compensation of Councilmen by ordinance, but no ordinance increasing such compensation shall become effective until the date of commencement of the terms of Councilmen elected at the next regular election, provided that such election follows the adoption of such ordinance by at least six (6) months. Councilmen shall receive their actual and necessary expenses incurred in the performance of their duties of office.
The Council shall elect from among its members a Deputy Mayor who shall act as Mayor during the absence or disability of the Mayor and, if a vacancy occurs, shall become Mayor as provided in Section 4.3.
Holding Other Office. Except where authorized by law, or pursuant to an agreement between the City and another entity of government, no Councilman shall hold any other City office or City employment during the term for which he was elected to the Council.
A. 
The office of a Councilman shall become vacant upon his death, resignation, removal from office in any manner authorized by law, or forfeiture of his office.
B. 
Forfeiture of Office. A Councilman shall forfeit his office if he:
1. 
Lacks at any time during his term of office any qualification for the office prescribed by this Charter or by law;
2. 
Violates any express prohibition of this Charter;
3. 
Is convicted of a crime involving moral turpitude;
4. 
Is in default to the City; or
5. 
Fails to attend four (4) consecutive regular meetings of the Council unless otherwise determined by the Council by ordinance.
C. 
Filling of Vacancies. A vacancy in the Council shall be filled for the remainder of the unexpired term, if any, at the next regular election following not less than sixty (60) days upon the occurrence of the vacancy, but the Council by a majority vote of all its remaining members shall appoint a qualified person to fill the vacancy until the person elected to serve the remainder of the unexpired term takes office. If the Council fails to do so within thirty (30) days following the occurrence of the vacancy, the official or officials charged with holding an election in the County shall call a special election to fill the vacancy, to be held not sooner than ninety (90) days and not later than one hundred twenty (120) days following the occurrence of the vacancy and to be otherwise governed by the provisions of Article VII. Notwithstanding the requirement of Section 3.10 that a quorum of the Council consists of a majority of the members, if at any time the membership of the Council is reduced to less than a quorum, the remaining members may, by majority action, appoint additional members. Any vacancy shall be filled with a person qualified as stipulated in Section 3.2.
The Council shall be the judge of the election and qualifications of all officers elected by the voters under this Charter and of the grounds for forfeiture of their office and for that purpose shall have power to subpoena witnesses, administer oaths and require the production of evidence. A member charged with conduct constituting grounds for forfeiture of his office shall be entitled to a public hearing on demand. Decisions made by the Council under this Section shall be subject to review by the courts.
[Ord. No. 1249-22-02, 1-6-2022[1]]
The Council shall appoint an officer who shall have the title City Clerk. He shall keep the journal of Council proceedings, authenticate by his signature all ordinances and resolutions, and record them in full in a book kept for that purpose. He shall perform such other duties as may be required by law, by this Charter, or by the Council. The City Clerk shall hold office at the pleasure of the Council.
[1]
Editor's Note: This ordinance, which removed all references to an officer who shall have the title of Municipal Judge, was submitted to voters, and the ballot passed at election 4-5-2022.
The Council shall provide for an independent audit of all City accounts at least annually. Such audits shall be made by a certified public accountant or firm of such accountants who have no personal interest, direct or indirect, in the fiscal affairs of the City Government or any of its officers. A copy of the report prepared by the certified public accountants or firm of such accountants shall be kept in the City Clerk's office and shall be open to public inspection.
A. 
Meetings. The Council shall meet regularly at least twice each month at such times and places as the Council may prescribe by rule. The Mayor upon his own motion may, or at the request of three (3) members of the Council shall, call a special meeting of the Council for a time not earlier than three (3) hours after notice is given to all members of the Council then in the City. Special meetings of the Council may also be held at any time by the consent of all the members of the Council, and such consent may be given either prior to or during the special meeting. No action by the Council shall have legal effect unless the motion for the action and the vote by which it is disposed of take place at proceedings open to the public.
B. 
Rules and Journals. The Council shall determine its own rules and order of business. It shall cause a journal of its proceedings to be kept and this journal shall be open to public inspection.
C. 
Voting. Voting shall be by roll call except on procedural motions, and the ayes and nays shall be recorded in the journal A majority of members of the Council shall constitute a quorum for its business, but a smaller number may meet and compel the attendance of absent members in the manner and subject to the penalties prescribed by the rules of the Council. Except as otherwise provided in this Charter, the affirmative vote of a majority of the entire Council shall be necessary to adopt any ordinance. The affirmative vote of a majority of all Council members present shall be necessary to conduct all other business.
D. 
Form of Ordinances. Proposed ordinances shall be introduced in the Council only in written or printed form. The enacting clause of all ordinances shall be: Be It Ordained By the Council of the City of Palmyra. The enacting clause of all ordinances submitted by initiative shall be: Be It Ordained By the People of the City of Palmyra. No ordinance, except those making appropriations of money and those codifying or revising existing ordinances, shall contain more than one subject which shall be clearly expressed in its title. Ordinances making appropriations shall be confined to the subject matter of the appropriations.
E. 
Procedure. Except in the case of emergency ordinances, every proposed ordinance shall be read by presentment in open Council meeting at two (2) different meetings before final passage, and at least two (2) weeks shall elapse between introduction and final passage. A copy of each proposed ordinance shall be provided for each Council member at the time of its introduction, and at least three (3) copies shall be provided for public inspection in the office of the City Clerk until it is finally adopted or fails adoption. Persons interested in a proposed ordinance shall be given an opportunity to be heard before the Council in accordance with such rules and regulations as the Council may adopt. If the Council adopts an amendment to a proposed ordinance which constitutes a change in substance, the proposed ordinance as amended shall be placed on file for public inspection in the office of the City Clerk for one (1) additional week before final passage. Ordinances shall become effective after the second reading and final adoption, unless otherwise specified by the Council.
[Ord. No. 1248-22-01, 1-6-2022[1]]
[1]
Editor's Note: This ordinance was submitted to voters, and the ballot passed at election 4-5-2022.
F. 
Emergency Ordinances. An ordinance may be passed as an emergency measure on the day of its introduction if it contains a declaration describing in clear and specific terms the facts and reasons constituting the emergency and receives the vote of two-thirds (2/3) of the members of the Council. An ordinance granting, reviewing or extending a franchise shall not be passed as an emergency ordinance. Emergency ordinances shall become effective upon adoption.
G. 
Authentication and Recording. All ordinances and resolutions adopted by the Council shall be authenticated by the signature of the Mayor and City Clerk. The City Clerk shall record in a properly indexed book kept for the purpose all ordinances and resolutions adopted by the Council.
Within three (3) years after adoption of this Charter, all ordinances and resolutions of the City of a general and permanent nature shall be reviewed, revised, codified, and promulgated according to a system of continuous numbering and revision as specified by ordinance.