[Amended 8-21-1984 by Ord. No. 17-84; 4-3-2018 by Ord. No. 2018-10]
Elected officials shall be residents and registered voters of the City. Except as an officer of a public power district, public power and irrigation district, or public utility company, elected officials shall hold no other elective office, any county office, nor any other office or employment of the municipality. The acceptance of any county office by any elected municipal official shall be a vacation of the municipal office so held prior to such acceptance. Further, except as provided in Chapter 100, Purchasing and Contracts, Article I, Conflicts of Interest, of the Seward Municipal Code, such elected officials shall not be interested in the profits or emoluments of any contract, job, work or service for the City. (Neb. RS 16-305, 16-311, 70-624.04)[1]
[1]
Editor's Note: Original § 1-202 of the 1976 Code,
Elected Officials; Other Offices Prohibited, which immediately followed
this section, was repealed 8-21-1984 by Ord. No. 17-84.
The electors of the municipality shall elect a Mayor at large
and two City Councilmembers from each ward in each municipal election
year. Councilmembers shall be electors of the municipality and residents
of the ward from which they were elected. Terms of all elected officials
shall commence on the first regular meeting in December of each election
year. (Neb. RS 16-302.01)
[Amended 1-20-1976 by Ord. No. 1043; 10-21-1980 by Ord. No. 27-80; 8-21-1984 by Ord. No. 18-84; 10-6-1998 by Ord. No. 28-98; 8-21-2007 by Ord. No. 25-07]
A.
Every elective office shall be vacant upon the happening of any of
the events specified in Neb. RS 32-560.
B.
In case of any vacancy in the Office of Mayor, the President of the
City Council shall serve as Mayor for the unexpired term. In case
of any temporary absence or disability on the part of the Mayor, the
President of the Council shall exercise the powers and duties of the
Office of Mayor until such disability is removed, or in case of temporary
absence until the Mayor returns, and shall perform such other duties
as may be required by law. Any vacancy on the City Council resulting
from causes other than expiration of the term shall be filled by appointment
by the Mayor with the consent of the City Council to hold office for
the remainder of the term.
C.
Except as otherwise provided in Subsection B, E or F of this section, vacancies in City elected offices shall be filled by the Mayor and City Council for the balance of the unexpired term. Notice of a vacancy, except a vacancy resulting from the death of the incumbent, shall be in writing and presented to the Council at a regular or special meeting and shall appear as a part of the minutes of such meeting. The Council shall at once give public notice of the vacancy by causing to be published in a newspaper of general circulation within the City or by posting in three public places in the City the office vacated and the length of the unexpired term.
D.
The Mayor shall, within four weeks after the meeting at which such
notice of vacancy has been presented or upon the death of the incumbent,
call a special meeting of the Council or place the issue of filling
such vacancy on the agenda at the next regular meeting, at which time
the Mayor shall submit the name of a qualified registered voter to
fill the vacancy for the balance of the unexpired term. The Council
shall vote upon such nominee, and if a majority votes in favor of
such nominee, the vacancy shall be declared filled. If the nominee
fails to receive a majority of the votes, the nomination shall be
rejected and the Mayor shall, at the next regular or special meeting,
submit the name of another qualified registered voter to fill the
vacancy. If the subsequent nominee fails to receive a majority of
the votes, the Mayor shall continue at such meeting to submit the
names of qualified registered voters in nomination and the Council
shall continue to vote upon such nominations until the vacancy is
filled. The Mayor shall cast his or her vote for or against the nominee
in case of a tie vote of the Council. All Council members present
shall cast a ballot for or against the nominee. Any member of the
Council who has been appointed to fill a vacancy on the Council shall
have the same rights, including voting, as if such person were elected.
F.
If vacancies exist in the offices of 1/2 or more of the members of
the City Council, the Secretary of State shall conduct a special City
election to fill such vacancies for the unexpired portion of each
term.[1]
G.
No officer who is removed at a recall election or resigns after the
initiation of the recall process shall be appointed to fill the vacancy
resulting from his or her removal or the removal of any other member
of the same governing body during the remainder of his or her term
of office.[2]
(Neb. RS 16-217, 32-560 et seq., 32-1406)
It is the policy of the City of Seward that the proper operation
of democratic government requires that public officials and employees
be independent, impartial and responsible to the people; that governmental
decisions and policy be made in proper channels of the governmental
structure; that public office not be used for personal gain; and that
the public have confidence in the integrity of its government. In
recognition of these goals, a code of conduct for all City officials
and employees is adopted. The City Council may adopt, amend, and/or
rescind this code. If any portion of this Code of Conduct is found
to conflict with City ordinance or state law, the provisions of the
City ordinance or state law shall be followed.[1]
[1]
Editor's Note: The Code of Decorum is included as an attachment to this chapter.
