[Ord. No. 7497, § 1, 3-13-1986]
The City Council shall consist of seven members: the Mayor and
six Council members.
[Ord. No. 7497, § 1, 3-13-1986]
Only registered voters of the City shall be eligible to be elected
as Council members.
[Ord. No. 7497, § 1, 3-13-1986; Ord. No. 8778, §§ 1-2, 12-17-1998]
(a)
The Council members shall be nominated and elected at large by the
qualified voters of this City.
(b)
Nominating petitions for each candidate shall be filed with the City
Clerk and the order of receipt of such petitions shall determine the
placement of the names of the candidates on the ballot. If more than
one candidate appears at the City Clerk's office prior to or at 8:00
a.m. on the first day for filing nominating petitions, the names of
those candidates will be randomly drawn by the City Clerk to determine
placement of the names on the ballot. The names of all other candidates
shall appear on the ballot in the order in which the candidates filed
petitions for nominations.
(c)
At each regular election of the City, Council members shall be elected
to fill the positions of those whose terms expire and shall be elected
for four-year terms. In the event a Council member is being elected
to replace a Council member who vacated office prior to the expiration
of such Council member's term, however, the elected Council member
shall serve for the remainder of the unexpired term. If in the same
election Council members are to be elected to serve full terms and
Council members are to be elected to serve unexpired terms, the person
elected who receives the least number of votes shall serve the unexpired
term. If more than one Council member is to be elected to unexpired
terms at such election, then such terms shall be filled in order,
with the person elected receiving the least number of votes to serve
the shortest term, the person receiving the next least number of votes
the next longest term, until all unexpired terms are filled.
(d)
There shall be no limit to the number of terms a Council member may
serve on the City Council; provided, however that no person shall
be eligible to be elected to more than two consecutive four-year terms
as a Council member.
[Ord. No. 7497, § 1, 3-13-1986]
(a)
Council members shall each receive as compensation the sum of $200
per month. This provision shall remain in effect unless otherwise
changed by ordinance as provided herein.
(b)
The City Council may from time to time determine the compensation
of Council members by ordinance, but no increase in such compensation
shall become effective until the commencement of the terms of Council
members elected at the next regular City election held at least six
months after the approval of such ordinance, and provided that the
compensation of any Council member shall not be increased during the
term of office of such Council member.
(c)
In addition to their compensation, Council members may receive reimbursement
for their actual and necessary expenses incurred in the fulfillment
of their office, provided that such expenses are supported by appropriate
documentation.
[Ord. No. 7497, § 1, 3-13-1986]
The City Council shall have the care, management and control
of the City and its finances and shall have the power to enact and
ordain any and all ordinances that they shall deem expedient for the
good government of the City, the preservation of peace and good order,
the benefit of trade and commerce, and the health of the inhabitants
thereof, and such other ordinances, rules and regulations as may be
deemed necessary to carry such powers into effect, and to alter, modify
or repeal the same.
[Ord. No. 7497, § 1, 3-13-1986]
All powers of the City shall be vested in the Council unless
specifically provided otherwise in this Code or the City Charter.
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.
[Ord. No. 7497, § 1, 3-13-1986]
(a)
Holding other office. Except where otherwise authorized by law or
pursuant to an agreement between the City and another governmental
entity, no member of the City Council shall hold any other City office
or employment while serving as a member of the City Council. No former
member of the City Council shall hold any compensated, appointed City
office or employment until one year after the expiration of the term
for which such member was elected.
(b)
Appointments; removals. The City Council and its members shall not
direct the employment or removal of any City employee or officer who
is employed or appointed under the authority of the Chief Administrative
Officer. Members of the Council may express their views to the Chief
Administrative Officer regarding any matter pertaining to City employees
or officers.
(c)
Interference with administration prohibited. The City Council and
its members shall only deal with City employees and officers who are
under the direction and supervision of the Chief Administrative Officer
through the Chief Administrative Officer. The Council and its members
shall not give orders to such City employees or officers publicly
or privately. Any violation of this prohibition shall be deemed a
violation of an express prohibition of City Charter Section 3.5(b)(ii).
[Ord. No. 7497, § 1, 3-13-1986]
Depositions taken under and governed by the provisions and rules
of law relating to depositions in courts of law may be read on behalf
of the City or of any defendant, in any matter pending before the
Council, in the same manner as in courts of law.
[Ord. No. 7497, § 1, 3-13-1986]
(a)
Vacancies. The office of a Council member shall become vacant upon
death, resignation, removal from office in a manner authorized by
law, or forfeiture of office.
(b)
Forfeiture of office. A Council member shall forfeit office if such
Council member:
(1)
Lacks at any time during the term of office any qualification for
the office prescribed by this Code or the Charter or law;
(2)
Violates any express prohibition of this Code or the Charter;
(3)
Is convicted of a crime involving moral turpitude or a felony;
(4)
Is in default to the City; or
(5)
Fails to attend three consecutive regular meetings of the Council
without being excused by the Council.
[Ord. No. 7497, § 1, 3-13-1986]
A vacancy in the office of a Council member shall be filled
by the Council by a majority vote of all its remaining members for
a period running to the next regular election unless such period would
exceed one year from the date of the vacancy, in which event the Council
shall provide for a special election to fill such vacancy for the
unexpired term.
[Ord. No. 7497, § 1, 3-13-1986]
The Council shall be the judge of the election and qualifications
of its members and of the grounds for forfeiture. A member charged
by the Council with conduct constituting grounds for forfeiture of
office shall be furnished with a written document from the Council
setting forth such charges. Such member may demand a public hearing
before the Council. The Council shall have the power to issue subpoenas
to compel the testimony of witnesses and the production of evidence,
and it may administer oaths. The Council shall subpoena such witnesses
and evidence as may also be requested by the member whose forfeiture
is under review at such hearing. Any person who willfully fails to
comply with a subpoena issued hereunder shall be guilty of a misdemeanor
subject to penalty as provided by ordinance. Decisions made by the
Council under this provision shall be subject to review by the appropriate
court as provided by law.
[Ord. No. 7497, § 1, 3-13-1986]
The City Council may make investigations into the affairs of the City. In the event the Council determines to conduct a formal investigation, it may do so only upon the vote of a majority of the Council then in office setting forth with particularity the nature of the investigation. In the event the Council undertakes a formal investigation, it may conduct hearings, issue subpoenas to compel the testimony of witnesses and production of evidence, and it may administer oaths. All such hearings shall be public. Any person who willfully fails to comply with a subpoena issued hereunder shall be subject to penalty as provided for in § 1-8.
