Article 1. Elected Officials

§1-101   Falls City Code   §1-103

Article 1. Elected Officials
§1-101 ELECTED OFFICIALS; ENUMERATED. The electors of the
Municipality shall elect a Mayor at large and one (1) City Council
member from each ward in each Municipal election year; Provided,
that when and if voting by wards is suspended, four (4) Council
members shall be elected at large in each election year. A total
of eight (8) Council members shall be electors of the Municipality
and residents of the ward from which they were elected. Terms of
all elected officials shall commence at the first (1st) regular
meeting in December of each election year. (Ref. 17-102 through 17-
104, 17-107, 17-107.02 RS Neb.)
§1-102 ELECTED OFFICIALS; QUALIFICATIONS AND PROHIBITIONS.
Elected officials shall be residents and qualified electors of the
City. Elected Officials shall not be employed by the Municipality.
(Ref. 17-103, 17-104, 17-107, 17-108.02 RS Neb.)
§1-103 CITY MAYOR; SELECTION AND DUTIES. The Mayor of the
Municipality shall have the general, and immediate control over all
property, and officials, whether elected, or appointed, of the
Municipality. He shall preside at all meetings of the City
Council, and may vote when his vote shall be decisive and the
Council is equally divided 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. His signature must appear on
the Municipal Clerk’s minutes of all meetings, and he must sign all
resolutions which have been passed, and warrants for the payment of
money when ordered by the City Council; Provided, any ordinance
vetoed by the Mayor may be passed over his veto by a two-thirds
(2/3) vote by the members of the City Council, but if the Mayor
neglects or refuses to sign any ordinance, and returns it to the
Council with his objections in writing at the next regular Council
meeting, the same shall become a law without his signature. He
shall from time to time communicate to the Council such information
and recommendations as, in his opinion, may improve the
Municipality. He may require at reasonable intervals any Municipal
official to exhibit his accounts and make reports to the Council on
any subject pertaining to his office. He shall have the power to
remit fines or pardon any offense arising under the ordinances of
the Municipality. He may remove at any time an appointed police
officer of the Municipality. His territorial authority shall
extend over all places within five (5) miles of the corporate
limits of the Municipality for the enforcement of any health
ordinance, and one-half (1/2) mile in all matters vested in him
except taxation. He shall also have such other duties as the City
Council may by resolution confer upon him, or in any other matters
which the laws of the State of Nebraska repose in him. He shall be
elected at the Municipal Election, and shall serve a four (4) year
term of office. (Ref. 17-110 through 17-117 RS Neb.)
§1-104 CITY COUNCIL; ACTING PRESIDENT. The City Council shall
elect one (1) of its own body each year who shall be styled the
President of the Council, and who shall preside at all meetings of
the City Council in the absence of the Mayor. In the absence of the
Mayor, and the President of the Council, the City Council shall
elect one (1) of its own body to occupy his place temporarily, who
shall be styled Acting President of the Council. Both the President
of the Council and the Acting President of the Council, when
occupying the position of the Mayor, shall have the same privileges
as the other members of the City Council, and all acts of the
President of the Council, or Acting President of the Council, while
so acting, shall be as binding upon the City Council, and upon the
Municipality as if done by the elected Mayor. (Ref. 17-148 RS Neb.)
§1-105 CITY COUNCIL; SELECTION AND DUTIES. The members of the
City Council shall be elected and serve for a four (4) year term.
The City Council shall be the legislative division of the Municipal
Government, and shall perform such duties, and have such powers as
may be authorized by law. The City Council shall maintain the
peace, regulate business, protect the public health and safety, and
assess such taxes and fees as are necessary and appropriate in the
exercise of these functions. (Ref. 17-103, 17-104 RS Neb.)
§1-106 CITY COUNCIL; ORGANIZATION. City Council members of this
Municipality shall take office, and commence their duties on the
first regular meeting in December following their election. The
newly elected Council members who have qualified as prescribed by
law, together with the members of the City Council holding over,
shall assemble in a regular meeting at the hour and place
hereinafter prescribed and perfect the reorganization of the City
Council as herein provided, and all appointive offices in which the
terms of incumbents are expired shall be filled by appointment.
After the said meeting has been called to order, the Municipal
Clerk shall report to the City Council the names of all City
Council members-elect who have qualified for their respective
offices, and this report shall be spread upon the minutes of the
meeting preceding the roll call. Each ward of the Municipality
shall be represented by at least two (2) Council members. No person
shall be eligible who is not at the time of his election an actual
resident of the ward for which he is qualified and should any City
Council member move from the ward from which he was elected, his
office shall thereby become vacant. (Ref. 17-104 RS Neb.)
§1-107 ELECTED OFFICIALS; VACANCY. Vacancies in City elected
offices shall be filled by the Mayor and Council for the balance of
the unexpired term except as provided in this section. 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 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 (3) public
places in the city the office vacated and the length of the
unexpired term.
The Mayor shall within four (4) weeks after the regular
meeting at which such notice has been presented, or upon the death
of the incumbent, call a special meeting of the City Council at
which time the Mayor shall submit the name of a qualified elector
to fill the vacancy for the balance of the unexpired term.
No officer who is removed at a recall election or resigns
after the initiation of the recall process shall be appointed to
fill the vacancy resulting from his or her removal or the removal
of any other member of the City Council during the remainder of his
or her term of office.
Upon a majority vote of approval by the City Council the
vacancy shall be filled. If a majority vote is not reached the
nomination shall be rejected and the Mayor shall at the next
regular meeting submit the name of another qualified elector. If
the vote on the nominee fails to carry by majority vote, the Mayor
shall continue at such meeting to submit the names of qualified
electors and the City Council shall continue to vote upon such
nominations until the vacancy is filled.
The Mayor shall cast his or her vote only in case of a tie
vote of the City Council.
All City Council members shall cast a ballot for or against
each nominee.
The Mayor and Council may, in lieu of filling a vacancy in a
City office as provided above in this section, call a special
Municipal Election to fill such vacancy.
If there are vacancies in the offices of a majority of the
members of the City Council, there shall be a special Municipal
Election conducted by the Secretary of State to fill such
vacancies. (Ref. 17-212, 32-4,152, 32-1406 RS Neb.)
§1-108 ELECTED OFFICIALS; MAYOR VACANCY. Whenever a vacancy
occurs in the office of Mayor, or in case of his disability or
absence, the President of the Council shall exercise the office of
Mayor for the unexpired term until such vacancy is filled or such
disability is removed, or in case of temporary absence, until the
Mayor returns.
When the successful candidate for Mayor shall be prevented
from assuming office, the incumbent Mayor shall not be entitled to
hold over the term, but such office shall automatically become
vacant and the President of the Council shall exercise the office
of Mayor until such vacancy is filled.
If the President of the Council shall for any cause assume the
office of Mayor for the remainder of the unexpired term, there
shall be a vacancy on the Council which shall be filled as provided
in section 1-107. (Ref. 17-107, 17-115 RS Neb.)
§1-109 ELECTED OFFICIALS; RESTRICTIONS ON OTHER EMPLOYMENT OR
ELECTIVE OFFICE.
(1) The Mayor and members of the Council shall
hold no other elective or appointive office or employment with the
City.
(2) For purposes of this section, (a) elective office means
any office which has candidates nominated or elected at the time of
a statewide primary election, any office which has candidates
nominated at the time of a statewide primary election and elected
at the time of a statewide general election, any office which has
candidates elected at the time of a statewide general election, any
office which has candidates nominated or elected at a city or
village election, and any office created by an act of the
Legislature which has candidates elected at an election and
includes an office which is filled at an election held in
conjunction with the annual meeting of a public body created by an
act of the Legislature and (b) high elective office means a member
of the Legislature, an elective office described in Article IV,
section 1 or 20, or Article VII, Section 3 or 10, of the
Constitution of Nebraska, or a county, city, or school district
elective office.
(3) No candidate for member of the Legislature or an
elective office described in Article IV, section 1 or 20, or
Article VII, section 3 or 10, of the Constitution of Nebraska shall
be eligible to file as a candidate, to petition on the ballot as a
candidate, to accept a nomination by a political party or by party
convention, caucus, or committee to fill a vacancy, or to be a
declared write-in candidate for more than one elective office to be
filled at the same election except for the position of delegate to
a county, state, or national political party convention. No
candidate for any other high elective office shall be eligible to
file as a candidate, to petition on the ballot as a candidate, to
accept a nomination by a political party or by party convention,
caucus, or committee to fill a vacancy, or to be declared a writein
candidate for more that one high elective office to be filled at
the same election.
(4) Except as provided in subsection (5) or (7) of this
section, no person shall be precluded from being elected or
appointed to or holding an elective office for the reason that he
or she has been elected or appointed to or holds another elective
office.
(5) No person serving as a member of the Legislature or in
an elective office described in Article IV, section 1 or 20, or
Article VII, section 3 or 10, of the Constitution of Nebraska shall
simultaneously serve in any other elective office, except that such
a person may simultaneously serve in another elective office which
is filled at an election held in conjunction with the annual
meeting of a public body.
(6) Whenever an incumbent serving as of a member of the
Legislature or in an elective office described in Article IV,
section 1 or 20, or Article VII, section 3 or 10, of the
Constitution of Nebraska assumes another elective office, except an
elective office filled at an election held in conjunction with the
annual meeting of a public body, the office first held by the
incumbent shall be deemed vacant.
(7) No person serving in a high elective office shall
simultaneously serve in any other high elective office.
(8) Notwithstanding subsections (5) through (7) of this
section, any person holding more than one high elective office upon
September 13, 1997, shall be entitled to serve the remainder of all
terms for which he or she was elected or appointed. (Ref. 17-
108.02, 32-109, 32-603, 32-604 RS Neb.) (Ord. #99-105)