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§ 30.15  ELECTION; QUALIFICATIONS; TERMS.
   (A)   The City Council shall consist of not less than four, nor more than 12, residents of the city who are registered voters.
(Neb. RS 17-103)
   (B)   All Council members shall be nominated and elected on a non-partisan ballot unless the city provides for a partisan ballot by ordinance.
(Neb. RS 32-557)
   (C)   If members of the Council are not elected at large:
      (1)   Unless the city elects Council members at large as provided in Neb. RS 32-554, the city shall be divided into not less than two, nor more than six wards, as provided by ordinance of the City Council. Each ward shall contain, as nearly as practicable, an equal portion of the population;
(Neb. RS 17-102)
      (2)   Unless the city elects Council members at large as provided in Neb. RS 32-554, each ward of the city shall have at least two Council members elected in the manner provided in the Election Act. No person shall be eligible to the office of Council member who is not at the time of the election an actual resident of the ward for which he or she is elected and a registered voter; and
(Neb. RS 17-104)
      (3)   Such wards shall be substantially equal in population as determined by the most recent federal decennial census.
(Neb. RS 32-553)
   (D)   The term of office shall begin on the first regular meeting of the Council in December following the statewide general election.
(Neb. RS 17-104)
   (E)   Members of the Council shall serve for terms of four years or until their successors are elected and qualified.
(Neb. RS 32-533)
   (F)   If the city operates under a city manager plan, members of the City Council shall be residents and registered voters of the city and shall hold no other employment with the city. Any Council member who ceases to possess any of the qualifications required by this section or who has been convicted of a felony or of any public offense involving the violation of the oath of office of such member while in office shall forthwith forfeit such office.
(Neb. RS 19-613)  (Prior Code, § 1-103)
Statutory reference:
   Ability to elect council members at large or by ward, see Neb. RS 32-554
   Election Act, see Neb. RS 32-101
   Other requirements for wards, see Neb. RS 32-552 and 32-553
   Restrictions on holding other office or employment, see Neb. RS 17-108.02, 32-109, 32-603, 32-604
§ 30.16  PRESIDENT; ACTING PRESIDENT.
   (A)   The City Council shall elect one of its own body who shall be styled the President of the Council and who shall preside at all meetings of the Council in the absence of the Mayor.
   (B)   In the absence of the President, the Council shall elect one of its own body to occupy his or her place temporarily, who shall be styled Acting President of the Council.
   (C)   The President, and Acting President, when occupying the place of the Mayor, shall have the same privileges as other members of the Council; and all acts of the President or Acting President, while so acting, shall be as binding upon the Council and upon the city as if done by the Mayor.
(Prior Code, § 1-102)
Statutory reference:
   Related provisions, see Neb. RS 17-148
§ 30.17  STANDING COMMITTEES.
   At the organizational meeting of the City Council, the Mayor shall appoint members of such standing committees as the Council may create by ordinance or resolution. The membership of such standing committees may be changed at any time by the Mayor. The Mayor shall be an ex officio member of each standing committee. The members of the standing committees shall serve a term of office of one year, unless reappointed.
§ 30.18  VACANCY; GENERAL PROVISIONS.
   (A)   The office of member of the City Council shall be vacant upon the happening of any of the events specified in Neb. RS 32-560, except as provided in Neb. RS 32-561.
   (B)   Any vacancy on the City Council shall be filled as provided in division (C) below.
(Neb. RS 32-568)
   (C)   (1)   (a)   Except as otherwise provided in divisions (C)(2) or (C)(3) below or § 30.03 of this chapter, vacancies in city elective offices 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 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.
         (b)   The Mayor 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 registered voter to fill the vacancy for the balance of the unexpired term. The regular or special meeting shall occur upon the death of the incumbent or within four weeks after the meeting at which such notice of vacancy has been presented. The Council shall vote upon the nominee and, if a majority votes in favor of the 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 that meeting to submit the names of qualified registered voters in nomination and the Council shall continue to vote upon the nominations at such meeting 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 that person were elected.
      (2)   The Mayor and Council may, in lieu of filling a vacancy in a city elected office as provided in division (C)(1) above, call a special city election to fill such vacancy.
      (3)   If vacancies exist in the offices of one-half or more of the members of the City Council, the Secretary of State shall conduct a special city election to fill such vacancies.
(Neb. RS 32-569)
Statutory reference:
   Additional and similar provisions, see Neb. RS 32-560 through 32-572
   Ineligibility of person subjected to recall, see Neb. RS 32-1308
§ 30.19  VACANCY DUE TO UNEXCUSED ABSENCES.
   (A)   In addition to the events listed in Neb. RS 32-560 and any other reasons for a vacancy provided by law, after notice and a hearing, a vacancy on the City Council shall exist if a member is absent from more than five consecutive regular meetings of the Council unless the absences are excused by a majority vote of the remaining members.
(Neb. RS 19-3101)
   (B)   The City Council shall take a vote on whether to excuse a member’s absence from a meeting upon either:
      (1)   A written request from the member submitted to the City Clerk; or
      (2)   A motion of any other Council member.
   (C)   If a Council member has been absent from six consecutive regular meetings and none of the absences have been excused by a majority vote of the remaining members, the City Clerk shall include this as an item on the agenda for the next regular meeting. At that meeting, the Council shall set a date for a hearing and direct the City Clerk to give the member notice of the hearing by personal service or first class mail to the member’s last known address.
   (D)   At the hearing, the Council member shall have the right to present information on why one or more of the absences should be excused. If the Council does not excuse one or more of the member’s absences by a majority vote at the conclusion of the hearing, there shall be a vacancy on the Council.
ORDINANCES, RESOLUTIONS AND MOTIONS
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