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(A) The Mayor shall preside at all meetings of the City Council. The Mayor may vote when his or her vote would provide the additional vote required to attain the number of votes equal to a majority of the number of members elected to the City Council on any pending matter, legislation, or transaction, and the Mayor shall, for the purpose of such vote, be deemed to be a member of the Council. He or she shall have superintendence and control of all the officers and affairs of the city, and shall take care that the ordinances of the city and all laws governing cities of the second class are complied with.
(Neb. RS 17-110)
(B) The Mayor shall have the power to veto or sign any ordinance passed by the City Council and to approve or veto any order, bylaw, resolution, award of or vote to enter into any contract, or the allowance of any claim. If the Mayor approves the ordinance, order, bylaw, resolution, contract, or claim, he or she shall sign it, and it shall become effective. If the Mayor vetoes the ordinance, order, bylaw, resolution, contract, or any item or items of appropriations or claims, he or she shall return it to the City Council stating that the measure is vetoed. The Mayor may issue the veto at the meeting at which the measure passed or within seven calendar days after the meeting. If the Mayor issues the veto after the meeting, the Mayor shall notify the City Clerk of the veto in writing. The City Clerk shall notify the City Council in writing of the Mayor’s veto. Any order, bylaw, resolution, award of or vote to enter into any contract, or the allowance of any claim vetoed by the Mayor may be passed over his or her veto by a vote of two-thirds of the members of the Council. If the Mayor neglects or refuses to sign any ordinance, order, bylaw, resolution, award of or vote to enter into any contract, or the allowance of any claim, but fails to veto the measure within the time required by this section, the measure shall become effective without his or her signature. The Mayor may veto any item or items of any appropriation bill or any claims bill, and approve the remainder thereof, and the item or items vetoed may be passed by the City Council over the veto as in other cases.
(Neb. RS 17-111)
(C) The Mayor shall, from time to time, communicate to the City Council such information and recommend such measures as, in his or her opinion, may tend to the improvement of the finances, the police, health, security, ornament, comfort, and general prosperity of the city.
(Neb. RS 17-112)
(D) The Mayor shall have the power, when he or she deems it necessary, to require any officer of the city to exhibit his or her accounts or other papers, and to make reports to the City Council, in writing, touching any subject or matter pertaining to his or her office.
(Neb. RS 17-113)
(E) The Mayor shall have such jurisdiction as may be vested in him or her by ordinance, over all places within five miles of the corporate limits of the city, for the enforcement of any health or quarantine ordinance and regulation thereof, and shall have jurisdiction in all matters vested in him or her by ordinance, excepting taxation, within the extraterritorial zoning jurisdiction of the city.
(Neb. RS 17-114)
(F) The Mayor shall have the power to remit fines and forfeitures, and to grant reprieves and pardons for all offenses arising under the ordinances of the city.
(Neb. RS 17-117)
(G) The Mayor shall hold no other elective or appointive office or employment with the city.
(H) The Mayor shall sign the City Clerk’s minutes of all meetings of the City Council, and he or she shall sign all resolutions that have been passed and warrants for the payment of money when ordered by the Council.
(I) The Mayor shall have such other duties as are reposed in the Mayor by the laws of the State of Nebraska or as the Council may by resolution confer upon the Mayor.
Statutory reference:
Restrictions on holding other office or employment, see Neb. RS 17-108.02, 32-109, 32-603, and 32-604
(A) The office of Mayor 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) (1) In case of any vacancy in the office of Mayor, or in case of his or her disability or absence, the President of the City Council shall exercise the office of Mayor for the unexpired term, until such disability is removed, or in case of temporary absence, until the Mayor returns.
(Neb. RS 32-568)
(2) If the President of the City Council assumes the office of Mayor for the unexpired term, there shall be a vacancy on the City Council.
(Neb. RS 17-107, 32-568)
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
CITY COUNCIL
(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 City Council members shall be nominated and elected on a nonpartisan ballot unless the city provides for a partisan ballot by ordinance.
(Neb. RS 32-557)
(C) If members of the City Council are not elected at large:
(1) Unless the city elects City 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 City Council members at large as provided in Neb. RS 32- 554, each ward of the city shall have at least two City Council members elected in the manner provided in the Election Act. No person shall be eligible to the office of City 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 City Council in December following the statewide general election.
(Neb. RS 17-104)
(E) Members of the City 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 City 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)
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
(A) The City Council shall elect one of its own body who shall be styled the President of the City Council and who shall preside at all meetings of the City Council in the absence of the Mayor.
(B) In the absence of the President, the City Council shall elect one of its own body to occupy his or her place temporarily, who shall be styled Acting President of the City Council.
(C) The President, and Acting President, when occupying the place of the Mayor, shall have the same privileges as other members of the City Council; and all acts of the President or Acting President, while so acting, shall be as binding upon the City Council and upon the city as if done by the Mayor.
(Neb. RS 17-148)
At the organizational meeting of the City Council, the Mayor shall appoint members of such standing committees as the City 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.
(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 § 30.17, vacancies in city elective offices shall be filled by the Mayor and City 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 City Council at a regular or special meeting and shall appear as a part of the minutes of such meeting. The City 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 City 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 City 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 City 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 City Council. All City Council members present shall cast a ballot for or against the nominee. Any member of the City Council who has been appointed to fill a vacancy on the City Council shall have the same rights, including voting, as if that person were elected.
(2) The Mayor and City 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
(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 City 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 City Council member.
(C) If City 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 City 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 City Council member shall have the right to present information on why one or more of the absences should be excused. If the City 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 City Council.
ORDINANCES, RESOLUTIONS, AND MOTIONS
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