A. Qualifications: No person shall be eligible for the office of mayor unless such person is a citizen of the United States, is at least twenty one (21) years of age, has been a resident of the state for at least three (3) years and a resident of the town or area which has been annexed by the town for a period of two (2) years next preceding his election.
B. Term Of Office: The mayor shall serve for a term of four (4) years.
C. Powers And Duties:
1. The mayor shall have those powers and duties established by state statute. (2014 Code)
2. The mayor is the chief executive officer of the town, and has the power to:
a. Nominate and, with the consent of the council, to appoint all nonelective officers of the town provided for by the council, except as provided in this title;
b. Suspend and, with the consent of the council, to remove any nonelective officers, stating in the suspension or removal the cause thereof;
c. Cause the ordinances of the town to be executed, and to supervise the discharge of official duty by all subordinate officers;
d. Communicate to the council, at the beginning of every session and oftener if necessary, a statement of the affairs of the town, with such recommendations as the mayor may deem proper;
e. Recommend to the council such measures connected with the public health, cleanliness and ornament of the town, and the improvement of the government and finances, as the mayor deems expedient;
f. Approve all ordinances and resolutions of the council adopted by it, and, in case the same do not meet his approbation, to return the same to the next regular meeting of the council, with his objections in writing, and no ordinance or resolution so vetoed by the mayor must go into effect unless the same is afterwards passed by two-thirds (2/3) vote of the whole number of members of the council;
g. Veto any objectionable part of a resolution or ordinance and approve the other parts. If the mayor fails to return any resolution or ordinance as aforesaid, the same takes effect without further action;
h. Call special meetings of the council, and when so called he must state by message the object of the meeting, and the business of the meeting must be restricted to the object stated;
i. Cause to be presented, once in three (3) months, a full and complete statement of the financial condition of the town;
j. Bid in for the town any property sold at a tax or judicial sale, where the town is a party or interested;
k. Procure and have a seal of the town, which shall be in the possession of the town clerk-treasurer;
l. Take and administer oaths; (1969 Code §2.12.010)
m. Call on citizens of the town, over the age of eighteen (18) years, to aid in the enforcement of the laws and ordinances in case of riots; to call out the militia to aid him in suppressing the same or other disorderly conduct, preventing and extinguishing fires, for securing the peace and safety of the town, or for carrying into effect any law or ordinances; and any person who does not obey such call forfeits to the town a fine not exceeding twenty five dollars ($25.00); (1969 Code §2.12.010; amd. 2014 Code)
n. Require of any of the officers of the town an exhibit of his books and papers;
o. Grant pardons and remit fines and forfeitures for offenses against the town ordinances, when, in his judgment, public justice would be thereby subserved; but he must report all pardons granted, with the reasons therefor, to the next council;
p. Perform such other duties as may be prescribed by law or by resolution or ordinance of the council.
3. The mayor has such power as may be vested in him by ordinances of the town, in and over all places within five (5) miles of the boundaries of the town, for the purposes of enforcing the health and quarantine ordinances and regulations thereof.
4. The mayor is the presiding officer of the council, must sign the journals thereof and all warrants on the town clerk- treasurer, and decide by his vote all ties and has no other vote. (1969 Code §2.12.010)
A. Composition And Term: There shall be two (2) council members representing each ward of the town. At each town election hereafter, one council member shall be elected from each town ward, as described in section 1-8-2 of this title, for a term of four (4) years or until his successor is elected and qualified.
B. President Of Council: At the time of taking office, the town council shall elect one of the members of the council who shall be styled president of the council and who shall preside at all meetings of the council in the absence of the mayor and, in the absence of the president of the council, shall elect one of their own body to occupy his place temporarily, who shall be styled acting president of the council, and the president and acting president, when occupying the place of mayor, shall have the same privileges as other members of the council, and all acts of the president and acting president, while so acting, shall be binding upon the council and upon the town as if done by the mayor. (2014 Code)
C. Rules Of Order:
1. Order Of Business: At the hour appointed for the meeting of the council, the mayor shall take the chair and direct a call of the members by the town clerk-treasurer, who shall note the absents. Upon appearance of a quorum, the mayor shall call to order and proceed with the order of business: a) reading and approving minutes of last meeting; b) communications and reports of officers; c) petitions, remonstrances and miscellaneous communications; d) reading ordinances and referring to committees; e) reports of committees; f) reports of special committees; g) unfinished business; h) adjournment. The order of business shall not be changed unless by unanimous vote of all present. (1969 Code §2.04.010)
2. Duties Of Presiding Officer: The presiding officer shall possess the power and perform the duties as hereinafter preserved:
a. Shall preserve order;
b. Shall decide all questions of order, subject to appeal to the council; on every appeal he shall have the right in his place to assign his reasons for his division and any member may state his grounds for appeal;
c. Shall appoint all committees. (1969 Code §2.04.020)
3. Calling Member To Order: Any member may be called to order, in which case the member must sit down. The point of order shall be stated, at the request of the presiding officer, by the member raising it and shall be decided without debate. (1969 Code §2.04.030)
4. Voting Procedure: Every member shall vote when a question is stated from the chair, unless excused by the council, and every member when voting shall be in his place. (1969 Code §2.04.040)
5. Presentation Of Petitions: Petitions and other papers may be presented by the presiding officer or any member. (1969 Code §2.04.050)
6. Seconding Motion: No motion shall be debated, or put until seconded, and no member shall make or second a motion unless he rises, and then seconds. The motion shall be stated by the presiding officer before being put on debate and shall be reduced to writing by any member making it, upon the request of any member or the presiding officer. It may be withdrawn at any time before decision by unanimous consent. (1969 Code §2.04.060)
7. Votes Entered In Minutes: If any two (2) members require it, the yeas and nays upon any question shall be taken and entered on the minutes of the council. (1969 Code §2.04.070)
8. Motions Allowed When Question Pending: When a question is pending, no motion will be entertained except as hereinafter specified:
a. For adjournment;
b. To lay on table;
c. To postpone indefinitely;
d. To postpone to a certain day;
e. To refer to a standing committee;
f. To refer to a special committee;
g. To amend. (1969 Code §2.04.080)
9. Motion To Adjourn Or Postpone: A motion to adjourn or lay on the table shall be decided without debate and the several motions to postpone shall preclude debate. (1969 Code §2.04.090)
10. Reconsideration Of Question: When a question has been once put and decided, it will be permissible that any member who voted in the majority may move for reconsideration of the question. (1969 Code §2.04.100)
11. Receipt Of Report: No report shall be received unless the committee shall have considered the report. (1969 Code §2.04.110)
12. Standing Committees: The following standing committees shall be appointed by the mayor as soon as possible and practicable:
a. Water, sewer, garbage;
b. Streets;
c. Administration;
d. Equipment;
e. Public safety (fire, police, lights, ordinance reviews);
f. Long term planning;
g. Parks and recreation. (1969 Code §2.04.120; amd. 2014 Code)
13. Amendments: No standing rule or order of the council shall be repealed, changed or suspended, except by a vote of five (5) members, and the same applies in adding and amending rules. (1969 Code §2.04.130)
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