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Chapter IV Council and Mayor

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Section 13.  Rules.
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The Council shall, by resolution, prescribe rules to govern its meetings and proceedings.

Section 14.  Meetings.
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The Council shall meet in the city regularly at least once a month at a time and place designated by Council rules, and may meet at other times in accordance with its rules. The Mayor upon his/her own motion may, or at the request of three councilors shall, by giving notice thereto to all members of the Council then in the city, call a special meeting of the Council.

Section 15.  Quorum.
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A majority of the Council constitutes a quorum for its business.

Section 16.  Record of Proceedings.
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A record of Council proceedings shall be kept and authenticated in a manner prescribed by the Council.

Section 17.  Mayor’s Functions at Council Meetings.
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(1) When present at Council meetings the Mayor shall:

a. Preside over deliberations of the Council,

b. Preserve order

c. Ensure Council rules are observed

d. Determine the order of business under the rules

(2) The Mayor may not vote on any matter of City business unless there is a tie vote. In this situation, the Mayor, must vote to resolve the tie, and may not abstain.

Section 18.  Council President.
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(1) At its first meeting after this charter takes effect and at its first meeting of each odd-numbered year, the council shall elect a president from its councilors.

(2) The President shall function as mayor when the Mayor is:

a. Absent from a Council meeting, or

b. Unable to function as mayor.

c. When acting as Mayor the Council President shall not be entitled to vote on any matter of City business unless there is a tie. In this situation, the President must vote to resolve the tie, and may not abstain.

Section 19.  Vote Required.
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The express concurrence of a majority of the Council members present and constituting a quorum is necessary to decide affirmatively a question before the Council except where this charter requires a majority of the Council.

Section 20.  Vacancies.
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The office of a member of the Council or the Mayor becomes vacant:

(1) Upon the incumbent’s:

a. Death,

b. Adjudicated incompetence,

c. Conviction of a felony punishable by loss of liberty,

d. Recall from the office,

e. Ceasing to reside in the city,

f. Ceasing to be a qualified elector under state law, or

g. Resignation from the office

(2) Upon declaration by the Council of the vacancy in case of the incumbent’s:

a. Failure, following election or appointment to the office, to qualify for the office within ten days after the time for his or her term of office to begin, or

b. Unexplained absence from all meetings of the Council within a ten-day period.

Section 21.  Filling Vacancies.
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A vacancy in the council or in the office of the Mayor shall be filled by appointment by a majority of the remaining council members. The appointee’s term of office runs from appointment until either

(1) The expiration of the term of the predecessor who left the office vacant or

(2) The first Council meeting of the year following the next election at which councilors or the Mayor are elected. If an election comes first, the position shall be subject to election for the original term of the vacated position.

During a council member’s inability to serve on the Council or during a council member’s absence from the City, a majority of the other council members may by appointment fill the vacancy pro tem.

The Council shall have the power, by a two-thirds affirmative vote of the entire Council, to expel any member of the Council for disorderly conduct in Council, inattention to duties or other actions that undermine the Council but only after a process determined by the Council and documented within the Council’s resolution of rules.

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