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The Council shall be the judge of the election and qualifications of its own members. Council may, by a vote of two-thirds (2/3) of the membership of the legislative authority, expel or remove any member for disqualification of office, or for violation of such member's oath of office, or for the conviction of a felony or other crime involving moral turpitude, or for persistent failure to abide by the rules of Council, or for absence without justifiable excuse from three (3) consecutive regular meetings. Prior to any such action by Council, the accused member shall be notified in writing of the charge against such member at least fifteen (15) days in advance of any hearing upon such charge, and such member, and such member's counsel, shall be given an opportunity to be heard, present evidence or examine, under oath, any witness in support of such charge.
(Amended 11-7-95)
Whenever any office of a Council member becomes vacant, the vacancy shall be filled by a qualified person for the unexpired term by majority vote of the remaining members of the legislative authority. Said vacancy shall be filled from ward or at large according to vacancy. If the vacancy is not so filled within thirty (30) days, the Mayor shall fill it by appointment.
(Amended 11-7-95)
Should the Council fail to concur within sixty (60) days, with any appointment made by the Mayor and requiring legislative concurrence in this Charter, then the majority of the membership of the legislative authority (Council) shall make such appointment. The sixty (60) day period within which the Mayor must announce an appointment and receive concurrence from Council begins to run at the time a vacancy occurs for any appointed position including original appointments.
The Mayor will have but one sixty (60) day period to make such appointment. This section shall not be interpreted to allow the Mayor more than a total of sixty (60) days to make an appointment to the vacant office and to obtain concurrence of the legislative authority.
(Amended 11-7-89; 11-7-95)
The Council shall have the power to fix its own compensation and that of each employee of the Municipality, including officers and members of any board or commission of the Municipality, whether elected, appointed or chosen, and to establish bond for the faithful discharge of the duties of the office. The premium of any bond required by the Council shall be paid by the Municipality. The compensation of all elected officials shall be fixed at least thirty (30) days prior to the filing date of nominating petitions for the terms beginning on the next succeeding first day of January, and shall not thereafter be changed in any respect during any such term or any part thereof. The Council may authorize any officer of the Municipality to make such travel as the Council deems to be in the public interest, and may provide that the expense of such travel be paid by the Municipality.
(a) Regular Meetings. Council shall meet at the Council Chambers of the Municipality for the purpose of organization on the first business day following January 1 in even-numbered years. Thereafter, Council shall meet at such times as may be prescribed by its rules, regulations, ordinances and by-laws, but it shall hold regular meetings at least twice during each calendar month of the year, with the exception of the months of July and August, during each of which months Council may, at its discretion, dispense with one of its regular meetings. All meetings of Council, whether regular or special, shall be open to the public.
(b) Special Meetings. Special meetings of the Council may be called in accordance with, and as provided for, by the rules, regulations or by-laws adopted by the Council. In the absence of such provisions, special meetings may be called by a vote of the Council taken at any regular or special meeting thereof, or shall be called by the Clerk of Council upon the written request of the Mayor or President of Council, or three (3) members of Council. Any such request shall state the time, place and date thereof, and the subject or subjects to be considered at the meeting, and no other subject or subjects shall be considered. Notice in writing of such special meeting called at the request of the Mayor, President of Council, or three (3) members of Council, shall be given to each member of Council and the Mayor, by serving on each of them personally or by leaving a copy thereof at the member's or the Mayor's usual place of residence, not less than twenty-four (24) hours preceding the date and hour of such meeting. Service of such notice may be waived in writing. The members of Council shall be held to have waived such notice by their attendance at the special meeting.
(Amended 11-2-76; 11-7-95)
A majority of the membership of the legislative authority shall constitute a quorum for the transaction of business at any meeting of the Council, but a lesser number may adjourn the meeting from time to time and compel the attendance of absent members in such manner and under such penalties as may be prescribed by this Charter and/or Rules of Council; however, Rules of Council shall not supersede procedures set down by this Charter, or any amendments thereto.
Council shall adopt its own rules, regulations or by-laws, insofar as they are not set forth in this Charter, and shall keep a journal of all of its proceedings. The journal shall be open for public inspection during the Clerk's office hours. The voting upon any ordinance, resolution or motion shall be by roll call, and the vote of each Council member shall be entered upon the journal.
(Amended 11-7-95)
The Council shall appoint, and may remove, a Clerk of Council and such other assistants for the efficient conduct of business of Council as it shall determine from time to time. The Clerk of Council shall keep the journal of Council and its records, and perform such other duties as Council may from time to time require.
In the event of the absence or disability of the Clerk of Council, an assistant to the Clerk shall perform the duties of the Clerk of Council, in all respects.
(Amended 11-7-95)
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