[Amended 6-15-1999 by Ord. No. 1298]
All elected officers shall be registered electors
of the municipality.
No elected officer of the municipality shall
hold any county office nor shall he or she be appointed to any other
office created by the City Council. The acceptance of any county office
by any such elected municipal officer shall be a vacation of the municipal
office so held prior to such acceptance.
A.
Whenever a vacancy occurs in an elected office of
the municipality, the vacancy shall be filled by the Mayor and 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 City Council at a regular or special meeting
and shall appear as part of the minutes of such minutes.
B.
The City Council shall at once give public notice
of the vacancy by causing to be published in a legal 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.
C.
The Mayor, within four weeks after the meeting at
which such notice of vacancy has been presented, or upon the death
of the incumbent, shall 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
elector to fill the vacancy for the balance of the unexpired term.
All members of the Council shall vote upon such nominee, and if a
majority of the members elected to the Council vote in favor of such
nominee, the vacancy shall be declared filled.
D.
If a majority vote is not reached the nomination shall
be rejected and the Mayor shall at the next regular meeting or a special
meeting submit the name of another qualified elector to fill the vacancy.
If the vote on the nominee falls to carry by a majority vote of the
members elected to the Council, the Mayor shall continue at such meeting
to submit the names of qualified electors in nomination and the Council
shall continue to vote upon nominations until the vacancy is filled.
E.
The Mayor shall cast his or her vote for or against
the nominee only in case of a tie vote of the City Council.
F.
All Council members present must cast a ballot for
or against each nominee.
G.
Any member of the Council who has been appointed to
fill a vacancy on the Council shall have the same rights, including
voting rights, as if such person were elected.
H.
The Mayor and Council may, in lieu of filling a vacancy
for a City elected official as provided above, call a special municipal
election to fill such vacancy. If there are vacancies in the offices
of a majority of the members of the City Council, there shall be a
special municipal election conducted by the Secretary of State to
fill such vacancies.
I.
Vacancies on the City Council shall be filled by appointment
by the Mayor with the consent of the City Council to hold office until
a successor is elected at the next regular election if said election
is held more than 60 days from the date of vacancy. At such election
a successor shall be elected to hold office for the remainder of the
term.
A.
Whenever a vacancy occurs in the office of Mayor,
or in case of his disability or absence, the President of the Council
shall exercise the office of Mayor until such vacancy is filled or
such disability is removed, or in case of temporary absence, until
the Mayor returns. Should the disability not be removed or in the
case of temporary absence or the Mayor fails to return, the President
of the Council shall then serve as Mayor for the unexpired term, except
that if at least 1/2 of the previous Mayor's term remains and a general
election is to be held more than 60 days from the date of vacancy,
a successor shall be elected at the next general election for the
balance of the previous Mayor's unexpired term.
B.
When the successful candidate for Mayor shall be prevented
from assuming office, the incumbent Mayor shall not be entitled to
hold over the term, but such office shall automatically become vacant
and the President of the Council shall exercise the office of Mayor
until such vacancy is filled.
The electors of the municipality shall elect
a Mayor at large every fourth year and one City Councilperson from
each ward in each municipal election year. Councilpersons shall be
electors of the municipality and residents of the ward from which
they were elected. Terms of all elected officials shall be for four
years and shall commence on the first regular meeting in December
of each election year.
A.
The Mayor shall be elected to serve a four-year term
of office. The Mayor shall preside at all the meetings of the City
Council and shall have the right to vote when his or her vote will
provide the additional vote required to create a number of votes equal
to a majority elected to the Council. The Mayor shall have the superintending
control of all the officers and affairs of the municipality and shall
take care that the ordinances of the City and provisions of law relating
to cities of a first class are complied with. The Mayor may administer
oaths and shall sign the commissions and appointments of all the officers
appointed in the municipality.
B.
The Mayor shall have the power to approve or veto
any ordinance passed by the City Council and to approve or veto any
order, bylaw, resolution, award of or vote to enter into any contract
or the allowance of any claim. Said veto must be announced immediately
after the Council vote on the subject matter to be vetoed. Provided
that any ordinance, order, bylaw, resolution, award or vote to enter
into any contract or the allowance of any claim vetoed by the Mayor
may be passed over the Mayor's veto by a vote of 2/3 of all the members
elected to the City Council. The City Council must vote on a motion
to override a Mayor's veto immediately after the veto is announced.
C.
If the Mayor neglects or refuses to sign any ordinance,
order, bylaw, resolution, award or vote to enter into any contract,
or the allowance of any claim, and returns the same with an objection
in writing at the next regular meeting of the Council, the same shall
become law without the Mayor's signature.
D.
The Mayor may veto any item or items of any appropriation
bill and approve the remainder thereof. The item or items so vetoed
may be passed by the Council over the Mayor's veto as in other cases.
E.
The Mayor shall, from time to time, communicate to
the City Council such information and recommend such measures as in
his or her opinion may tend to the improvement of the finances of
the City, the police, health, comfort and general prosperity of the
City and shall have such jurisdiction as may be invested in the Mayor
by ordinances over all places within two miles of the corporate limits
of the City, for the enforcement of health or quarantine ordinances
and the regulation thereof.
F.
The Mayor shall have the power, after the conviction
of any person, to remit fines and forfeitures, and to grant reprieves
and pardons for all offenses arising under the ordinances of the municipality.
A.
Acting President. The City Council shall elect one
of its own body each year who shall be styled the President of the
Council and who shall preside at all meetings of the City Council
in the absence of the Mayor. In the absence of the Mayor and the President
of the Council, the City Council shall elect one of its own body to
occupy the place of President temporarily, who shall be styled acting
President of the Council. Both the President and the acting President
of the Council, when occupying the position of the Mayor, shall have
the same privileges as the other members of the City Council and all
acts of the President or acting President of the Council, while so
acting shall be as binding upon the City Council and upon the municipality
as if done by the elected Mayor.
B.
Selection and duties. The members of the City Council
shall be elected and serve for a four-year term. One Councilperson
from each ward shall be elected at each election, so that terms are
staggered. The City Council shall be the legislative division of the
municipal government and shall perform such duties and have such powers
as may be authorized by law. The City Council shall maintain the peace,
regulate business, protect the public health and safety, assess such
taxes and fees as are necessary and appropriate funds in the exercise
of these functions.
C.
Organization. City Councilpersons of this municipality
shall take office and commence their duties on the first regular meeting
date in December following their election. The newly elected Councilpersons
who have qualified as prescribed by law together with the members
of the City Council holding over shall assemble in a regular meeting
at the hour and place hereinafter prescribed and perfect the reorganization
of the City Council as herein provided, and all appointive offices
in which the terms of the incumbents have expired shall be filled
by appointment. All appointed officials to be appointed by the Mayor
as authorized by the ordinances of the City of Papillion shall be
appointed no later than the first regular meeting of December of each
year commencing with the first regular meeting of December 1976. After
said meeting has been called to order, the City Clerk shall report
to the City Council the names of all City Councilpersons-elect who
have qualified for their respective offices and this report shall
be spread upon the minutes of the meeting preceding the roll call.
Each ward of the municipality shall be represented by two Councilpersons.
No person shall be eligible who is not at the time of his or her election
an actual resident of the ward for which he or she is qualified and
should any City Councilperson move from the ward from which he or
she was elected, the office shall thereby become vacant.
[Added 4-15-2003 by Ord. No. 1407[1]]
A.
At the organizational meeting of the City Council,
the Mayor shall appoint members of such standing committees as the
City Council may by ordinance or resolution create. The membership
of such standing committees may be changed at any time at the discretion
of the Mayor. The following committees shall be appointed each year
except where otherwise provided by the City Council:
B.
The committees shall be composed of members of the
Council and shall be responsible for making such reports and studies
as may be directed by the Mayor and/or City Council. Each Council
member shall be appointed to a minimum of two standing committees.
The members of the committee shall elect a chairperson from members
of the committee. The chairperson may establish such subcommittees
he deems appropriate to carry out the committee responsibilities.
The members by majority vote may establish any rules and regulations
not inconsistent with state statutes or City ordinances needed to
carry out its responsibilities.
[1]
Editor's Note: Ordinance No. 1407 added three new sections to this chapter. The sections were designated as §§ 51-7 through 51-9. As these section numbers had already been assigned, Res. No. 1338, adopted 7-1-2003, provided for the redesignation of these new sections as §§ 51-7.1 through 51-7.3, respectively.
[Added 4-15-2003 by Ord. No. 1407]
The purpose of the standing committees shall
be to gather information and statistical facts; to consider whatever
proposals or subjects are referred by the Mayor; and to make nonbinding
recommendations and/or reports to the City Council as a whole.
[Added 4-15-2003 by Ord. No. 1407]
The Mayor shall have the authority at any time to appoint ad hoc committees for special circumstances as he deems appropriate, which committee shall consist of two members of the City Council. The purpose of the ad hoc committee shall be the same as set out in § 51-7.2 in addition to any other directions, purposes or request as either identified or specified by the Mayor.
