CCP 03-09-1987 - Laserfiche WebLink

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. , r This situation may' arise when a newly doing, any eligible person may be selected for the elected officer nils to qualify, refuses position; the mayor's choice is not restricted to to qualify, dies, or moves away before those. persons whose appointment was considered qualifying, It may also occur if no su~es- by the wunc;il. Such an appointment should be -- ') sor is elected or if the election of a succes. made in ~~ting and filed by th~ mayor with the sor has been d~lared void. In these city clerk. When the vacancy being filled is that . situations, the c:buncil should fill the of mayor and the council casts a tie vote, the vacancy as soon as the term of the former Kling mayor should make the appointment as by Officeholder has officially ended. ~w he or she may !>frorm all duties of the mayor In case of a vacancy. The recall of an elective officer to active duty in the miliury service of the United SUtes does not, ,Council Monbm Ineligible to Fll1 in the absence of other cfiumstances, Ue.lte .a CertlJin y~ ..cancy in a person's office. . ~- ....~.~.'~ ~ity counc;iI members, Including mayors and . elected clerks, may not be appointed to ~ vacan. cies in other elective offICes in the city. This , Vacancies in statutory city elective offICes rule applies even though a council member resigns are filled by appointment of the council for the t)le pOSition on the council before the appointment portion 2~ the term remaining until the next city is made. There are only two exceptions to this election. The council fills vacancies by passing general rule. In the first place, council members a resolution naming the appointee and the office to may be appointed by the governor to the office of which he is being appOinted. The resolution must municipal judge. In the second place, any member be passed by majority of the council voting on the of -&he council lIlay be appointed to the office question when a quorum is present. A.ny individual of either -mayor or derk, but in such a case the lIlay be appointed to fill a vacancy in an elective pe~n -Oein~lfPpointed lIlay ADt -vote on the .office If that ;ndividual would be eligible for appointment. ' , election to that office. .The council is not obligated to appoint any candidate previously defeated in an election for the office. B. THE MAYOR ",~ . ,The length of the appointee's term depends As the official head of the city, the mayor on when the vacancy occurs. If the vacancy occurs speaks officially for both the government and the before the duties of the elected officer are &5- community as a whole. . The responsibilities sumed, the appointee's term runs from January 1 derived from this role and the powers and duties until the next city election. W1:he VKUlCY occurs imposed upon the mayor by statute are described dlUingthe {jr5l1WO years'olli'four-year term, the in the following list. 'n addition, the mayor in all ~pointee serves until the next city election when a statutory ,and most dlaner cities, is the presiding special election Os fleld ..t "tha;lime 10 fill the offICer and a Rgular member of the city council remiining two years of the term. If the next city and has all the powers and duties described later election is held in November, the newly elected for the off'lCe of council member. ~uncilmember would take office the following January, just as if it were a normal election. If In a home rule charter city, the duties and &he v~cancy occurs in the last two years of a term, responsibilities of the mayor are 5Pelled out in the "the appointee serves for the remainder of the term charter. This chapter deals with mayors of statu- of the person replaced. tory cities for the most part. ~il!iwUncll ~emDer -5 1H'ohibit.ed ..tflKTl Official Head of the City _ins ' -the .-ppoinllTlentd.the fllCc"Ss"r 10 that -.cane.,. but If the retiring member does1f the This !'Ole gives the mayor three very important appointee is at least a de facto officer. A responsibilities. ~unci1 member who is elected mayor may, upon becoming mayor, participate i~}!1e appointment to 1n th~ first place, the mayor usually serves as fill the vacancy on the council. the city's representative before the state legislature, If'the couneil. "Dl.c$ Qn.-n appointment, and the federal llP'ncies, and other local covemments. ( j Wle Tesufu In a tie, 'the "i&yor .may tftike -Ihe 4n the sec:oncl place, the mayor will be expected --.. .-ppointment without eouneil approval. 'n 10 to Jl8lform ceremonial duties on behalf of the !. -.9- ' 1985 L '\' . -4