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SECTION 4.01. COMPOSITION, ELECTION, TERM OF OFFICE, RE-ELECTION, AND RUNOFFS. The governing body of the Town shall consist of a mayor and five (5) aldermen to be known officially as the “board of mayor and aldermen,” in which is vested all corporate, legislative and other powers of the Town, except as otherwise provided in this charter. The board of mayor and aldermen shall hereinafter be referred to as the “board.”
The mayor and aldermen shall be elected for a term of four (4) years. The aldermen positions shall be numbered one (1) through five (5). Elections for the mayor and aldermen shall be held on a staggered schedule such that the mayor and aldermen positions 3 and 5 shall be held on the same election cycle, and elections for aldermen positions 1, 2, and 4 shall be held on a different election cycle but simultaneously with one another. At the time of filing a qualifying petition, any candidate for mayor or alderman shall select and designate the one position being sought.
Elections for mayor and aldermen shall be held on the date of the regular state election on the Tuesday following the first Monday of November of even-numbered years.
In all elections, the mayor and aldermen shall be elected from the Town at large. In the event that no candidate receives a majority of the votes cast for a particular office, a runoff election shall be held between the two (2) candidates receiving the largest number of votes for that office. A runoff election shall be held on the first Tuesday after the expiration of thirty (30) days next following the election in which no candidate received the majority of the votes cast for a particular office.
The board, in January of each year, shall elect an alderman to serve as vice mayor for a term of one (1) year. The vice mayor shall be eligible for re-election to such office.
The mayor and any alderman shall be eligible for re-election, subject to the limitations contained in Section 4.03, infra. (As amended by Priv. Acts 2001, ch. 43)
SECTION 4.02. TAKING OF OFFICE. Persons elected to the office of mayor and aldermen shall take office at an Oath of Office Ceremony following certification of their election by the Shelby County Election Commission; provided, however, that in the event of a runoff election, no newly elected member of the board shall take office until after the results of such runoff election are certified, following which all newly elected members of the board shall take office at an Oath of Office Ceremony after such certification. The Town Administrator shall set the date for the Oath of Office Ceremony within fourteen days (14) following certification of the election results by the Shelby County Election Commission. (As amended by Priv. Acts 2001, ch. 43)
SECTION 4.03 QUALIFICATIONS FOR OFFICE. No person shall be eligible to hold the office of mayor or alderman unless he is a qualified voter under the laws of the state of Tennessee, and has been a bona fide resident of the Town for at least twelve (12) months next preceding the election in which he is a candidate.
(a) No individual shall be eligible to be elected or qualified for the offices of mayor or alderman for more than three (3) cumulative four-year terms in the same office, not including parts of terms that could result from appointment to that position or election for less than the full four-year term. For purposes of this section, the offices of mayor and alderman shall be considered separate elected offices, but the offices of vice mayor and alderman shall not be considered separate elected offices.
This term limitation provision shall apply to each office as it becomes open for its next election following the effective date of this amendment. The previous service of an incumbent alderman or mayor (or any other individual who has previously served on the board) shall not count toward the application of these term limits.
(b) Any person who currently holds the position of mayor or alderman who files a nominating petition to run for a mayor or alderman position other than his own and whose own position is not up for reelection must, at least thirty (30) days prior to the filing deadline for nominating petitions for the next general Town election, submit a sworn letter of resignation to become effective on the date of the Oath of Office Ceremony following the next general Town election. Such resignation is irrevocable. For purposes of Sections 4.03 and 4.12 of this Article, a vacancy shall exist in the applicable office of mayor or alderman no earlier than the Oath of Office Ceremony following the next general Town election. (As amended by Priv. Acts 2001, ch. 43)
SECTION 4.04. SALARIES AND REIMBURSEMENT FOR EXPENSES OF OFFICIALS. The board is hereby authorized, by resolution upon the minutes, to establish the salaries for the Mayor, Vice-Mayor and Aldermen; provided, however, that no such increase shall take effect until there shall have occurred an election or elections such that all positions of the board have been subject to re-election following the passage of such resolution. At any time, the board may establish, increase or decrease the benefits, other than salaries, that are incidental to the office of mayor and aldermen; provided that such benefits are commensurate with like benefits being furnished to employees of the Town, such as, but not limited to, insurance under a group plan.
The board shall have the full right, power and authority to reimburse any elected official for any out-of-pocket expenses incurred by them in travel and for expenses actually incurred by elected officials in serving the Town. (As amended by Priv. Acts 2014, ch. 46)
SECTION 4.05. TIME AND PLACE OF MEETINGS. The board shall, by ordinance, fix the time and place at which the regular meetings of the board shall be held. Regular meetings of the board shall be held at least monthly for the conduct of such business as may properly come before the board. Adequate public notice of such meetings shall be given.
SECTION 4.06. QUORUM AND ADJOURNMENT. A quorum for the purpose of conducting business shall be a majority of the membership of the board. In the absence of the mayor and vice mayor, the four (4) aldermen present shall appoint one (1) of their number to be the presiding alderman. The mayor, vice mayor or the presiding alderman shall have a vote on all questions and shall have the authority to introduce or second motions, as shall all aldermen. A regular meeting at which a quorum is present may be adjourned by a majority vote, either from day to day or from time to time; but no such adjournment shall be taken to a date beyond the day preceding the next regular meeting; and any adjourned meeting shall continue as a regular meeting through said adjournment. The foregoing provisions notwithstanding, in the event there exists on the board vacancies of more than two (2) members, a quorum shall be the entire membership of the board. (As amended by Priv. Acts 2001, ch. 43)
SECTION 4.07. CALLED MEETINGS. The board shall meet in special session on written notice of the mayor or any three (3) aldermen. Such notice shall be served on the parties entitled thereto, which service may be accomplished by personal delivery, electronic mail, or U.S. mail. Adequate public notice of called meetings shall be given. (As amended by Priv. Acts 2001, ch. 43)
All ordinances shall be passed on three (3) different days at a regular, adjourned, or called meeting of the board. Ordinances may be amended up to and at the third and final reading. A public hearing shall be held prior to or at the third and final reading of an ordinance, and notice of such hearing shall be published in a newspaper of general circulation within the community and posted at the town hall. Ordinances shall be made available for public inspection in accordance with general law. Each ordinance shall be effective upon final passage unless by its terms the effective date is deferred. Ordinances shall be signed by the mayor and shall be immediately taken charge of by the town clerk and by him numbered, placed in an ordinance book, and there authenticated by the signature of the town clerk and filed and preserved. (As amended by Priv. Acts 2001, ch. 43)
SECTION 4.09. OFFICIALS’ OATH OF OFFICE. The mayor, aldermen, and judge(s) of the Town shall, before entering upon the duties of their respective offices, take an oath, before a person authorized to administer oaths in this state, to faithfully, uprightly, and honestly demean themselves as such officers of the Town during their continuance in office.
SECTION 4.10. DUTIES OF THE MAYOR. The mayor shall be the executive head of the Town, responsible for the efficient and orderly administration of the affairs of the Town and the enforcement of the ordinances of the Town and the laws of the state within the Town limits. The mayor shall have such powers and duties as are specified in this charter, as may be provided by ordinance not inconsistent with this charter and as are otherwise provided by law. It shall be the duty of the mayor to preside at all meetings of the board.
SECTION 4.11. DUTIES OF THE VICE MAYOR. The vice mayor of the Town of Collierville, in the absence, sickness, or the inability or disqualification of the mayor for any reason to perform his official duties, shall be authorized to act in the room and stead of the mayor, and all powers and authority that are in this charter conferred on the mayor are hereby conferred on the vice mayor when he is acting as mayor as fully and completely as if the same were set out in detail.
SECTION 4.12. VACANCY IN THE OFFICE OF MAYOR, VICE MAYOR OR ALDERMAN. A vacancy shall exist in the applicable office if the mayor or an alderman resigns, dies, moves his residence from the Town, has been continuously disabled for a period of six (6) months so as to prevent him from discharging the duties of his office, accepts any federal, state, county, or other municipal office, which is filled by public election, accepts employment with the Town, or is convicted of malfeasance or misfeasance in office, a felony, or a violation of the election laws of the state, or is adjudicated to have violated the charter of the Town. The foregoing provisions notwithstanding, the office of any person resigning pursuant to Section 4.03(b) is deemed vacant no earlier than the effective date of the resignation submitted by the official in his or her letter of resignation.
The declaration of a vacancy, as defined herein, in the office of mayor or in the office of alderman may be made by motion of any member of the board at any meeting thereof. Such vacancy shall be deemed to have occurred upon the passage of such motion by the board.
(a) Procedure for filling vacancy in office of mayor. When a vacancy occurs in the office of the mayor, the vice mayor shall temporarily assume the office of mayor. Within thirty (30) days after a vacancy occurs in the office of mayor, the board shall appoint to such office an alderman to serve for the remainder of the unexpired term thereof; provided that if the balance of the existing term at the time of the vacancy is more than two (2) years and the vacancy occurs more than ten (10) days before the deadline for qualifying for the next biennial election, then the position of mayor shall be filled at such next biennial election and the person appointed to such office shall only serve as mayor until a person is elected as mayor at such election. The person so elected shall be elected to fill the unexpired term of his predecessor as mayor.
(b) Procedure for filling vacancy in office of vice mayor. When the vice mayor assumes the office of mayor, or when his term as vice mayor expires, or if the alderman serving as vice mayor should vacate his office for any other reason, so that the office of vice mayor is then vacant, the board, within thirty (30) days after such vacancy occurs, shall elect from its membership a vice mayor to serve for the unexpired term of the vice mayor who has vacated the office.
(c) Procedure for filling vacancy in the office of alderman. Within thirty (30) days after a vacancy occurs in the office of Alderman, the board shall appoint to such office a citizen, who would be eligible for election thereto, to serve for the remainder of the unexpired term thereof; provided that if the balance of the existing term at the time of vacancy is more than two (2) years and the vacancy occurs more than ten (10) days before the deadline for qualifying for the next biennial election, then such position of alderman shall be filled at such next biennial election and the person appointed to such office shall only serve as alderman until a person is elected as alderman at such election. Such person shall be elected to fill the unexpired term of his predecessor as alderman.
If there occurs on the board three (3) or more vacancies which remain unfilled for a period of thirty (30) days, the board shall forthwith, by resolution, call upon the Election Commission for Shelby County to call a special election for the purpose of filling such vacancies. This special election shall be held in the same manner as provided in this charter for regular elections. The aldermen elected at such special election shall hold office for the remainder of the unexpired term of the position for which they stand for election. (As amended by Priv. Acts 2001, ch. 43)