Chapter 2 - Mayor and Council

ARTICLE 2-1
ARTICLE 2-2
ARTICLE 2-3
ARTICLE 2-4
ARTICLE 2-5
ARTICLE 2-6

ARTICLE 2-1        COUNCIL

2-1-1           Elected Officers

2-1-2           Corporate Powers

2-1-3           Duties of Office

2-1-4           Vacancies in Council

2-1-5           Compensation

2-1-6           Oath of Office

2-1-7           Bond

2-1-8           Financial Disclosure Statement

Section 2-1-1      Elected Officers

1. The elected officers of the town shall be seven councilmembers, one of whom shall be designated as mayor in accordance with Section 2-2-1.  The mayor and councilmembers shall constitute the council and shall continue in office until assumption of duties of office by their duly elected successors.

2. The regular term of office for councilmembers shall be four years.

Section 2-1-2      Corporate Powers

The corporate powers of the town shall be vested in the council and shall be exercised only as directed or authorized by law.  All powers of the council shall be exercised by ordinance, resolution, order or motion.

Section 2-1-3      Duties of Office

The councilmembers shall assume the duties of office at the regularly scheduled council meeting next following the date of the general election at which, or effective as of the date of which, the councilmembers were elected.

Section 2-1-4      Vacancies in Council

The council shall fill by appointment for the unexpired term any vacancy that may occur for whatever reason.

Section  2-1-5     Compensation

The compensation of elective officers of the town shall be fixed from time to time by ordinance or resolution of the council; provided that said compensation of any officer may not be increased or decreased except in conformance with the provisions of the Arizona Constitution, Article IV, Part 2, Section 17.

Section 2-1-6      Oath of Office

Immediately prior to assumption of the duties of office, each councilmember shall, in public, take and subscribe to the oath of office.

Section 2-1-7      Bond

Prior to taking office, each councilmember shall execute and file an official bond, enforceable against the principal and his sureties, conditioned on the due and faithful performance of his official duties, payable to the state and to and for the use and benefit of the town or any person who may be injured or aggrieved by the wrongful act or default of such officer in his official capacity.  A person so injured or aggrieved may bring suit on such bond under provisions identical to those contained in A.R.S. § 38-260.  Bonds shall be in such sum as shall be determined by the council, and the premium for such bonds shall be paid by the town.

Section 2-1-8      Financial Disclosure Statement

Each councilmember shall file, on or before January 31 of each year, a financial disclosure statement in a form and with such information as provided by resolution of the council and pursuant to state law.

ARTICLE 2-2        MAYOR

2-2-1           Selection of Mayor

2-2-2           Vice Mayor

2-2-3           Acting Mayor

2-2-4           Powers and Duties of the Mayor

2-2-5           Absence of Mayor

2-2-6           Vacancy in Office of Mayor

2-2-7           Failure to Sign Documents

Section 2-2-1      Selection of Mayor

The councilmembers shall at the first regular meeting after their election choose a mayor from among their number.

Section 2-2-2      Vice Mayor

At the same meeting at which the mayor is selected, the council shall designate one of its members as vice mayor, who shall serve at the pleasure of the council.  The vice mayor shall perform the duties of the mayor during his absence or disability.

Section 2-2-3      Acting Mayor

In the absence or disability of both the mayor and vice mayor, the council may designate another of its members to serve as acting mayor who shall have all the powers, duties and responsibilities of the mayor during such absence or disability.

Section 2-2-4      Powers and Duties of the Mayor

The powers and duties of the mayor shall include the following:

1. He shall be the chief executive officer of the town.
   

2. He shall be the chairman of the council and preside over its meetings.
   

3. He shall enforce the provisions of this code.
   

4. He shall execute and authenticate by his signature such instruments as the council or any statutes, ordinances or this code shall require.
   

5. He shall make such recommendations and suggestions to the council as he may consider proper.
   

6. He may, by proclamation, declare a local emergency to exist due to fire, conflagration, flood, earthquake, explosion, war, bombing or any other natural or man-made calamity or disaster or in the event of the threat or occurrence of riot, rout or affray or other acts of civil disobedience which endanger life or property within the town.  After declaration of such emergency, the mayor shall govern by proclamation and impose all necessary regulations to preserve the peace and order of the town, including but not limited to:

   1.      Imposition of a curfew in all or any portion of the town.

   2.      Ordering the closing of any business.

   3.      Closing to public access any public building, street or other public place.

   4.      Calling upon regular or auxiliary law enforcement agencies and organizations within or without the political subdivision for assistance.
   

7. He is authorized and empowered to sign his name officially for and in behalf of the town on all contracts, documents and papers to which the town is a party, and to require that the conditions in any instrument are faithfully performed.
   

8. He shall perform such other duties required by state statute and this code as well as those duties required as chief executive officer of the town.

Section 2-2-5      Absence of Mayor

The mayor shall not absent himself from the town for a greater period than fifteen consecutive days without the consent of the council.

Section 2-2-6      Vacancy in Office of Mayor

In case of death, disability or resignation of the mayor, the council shall elect a mayor, by a majority vote, to fill the vacancy for the remainder of the vacant term.

Section 2-2-7      Failure to Sign Documents

If the mayor is absent or refuses or fails to sign any ordinance, resolution, contract, warrant, demand or other document or instrument requiring his signature for five days consecutively, then a majority of the members of the council may, at any regular or special meeting, authorize the vice mayor or, in his absence, a duly appointed acting mayor to sign such ordinance, resolution, contract, warrant, demand or other document or instrument which, when so signed, shall have the same force and effect as if signed by the mayor.

ARTICLE 2-3        ELECTION

2-3-1           Filing of Nomination Petitions; Primary Election

2-3-2           Non-Political Ballot

2-3-3           General Election Nomination

2-3-4           Election to Office

2-3-5           Candidate Financial Disclosure

Section 2-3-1      Filing of Nomination Petitions; Primary Election

1. A person desiring to become a candidate and to have his name printed on the official ballot for municipal office shall file a nomination paper and other nomination materials not less than seventy-five days nor more than one hundred and five days before the primary election date.  All such nomination papers must be completed and filed with the town clerk by five o’clock p.m. on the last day for filing such papers.
   

2. Any candidate who shall receive at the primary election a majority of all the votes cast shall be declared to be elected to the office for which he is a candidate effective as of the date of the general election, and no further election shall be held as to said candidate; provided that if more candidates receive a majority than there are offices to be filled then those equal in number to the offices to be filled receiving the highest number of votes shall be declared elected.

Section 2-3-2      Non-Political Ballot

Nothing on the ballot in any election shall be indicative of the source of the candidacy or of the support of the candidate.

Section 2-3-3      General Election Nomination

1. If at any primary election there is any office for which no candidate is elected, then as to such office, said election shall be considered to be a primary election for nomination of candidates for such office, and the second or general municipal election shall be held to vote for candidates to fill such office. 
   

2. Candidates to be placed on the ballot at such second or general municipal election shall be those not elected at such first election; shall be equal in number to twice the number to be elected to any given office or less than that number if there is less than that number named on the primary election ballot; and persons who receive the highest number of votes for the respective offices at such first election shall be the only candidates at such second election.
   

3. If there is any person who, under the provisions of this article, would have been entitled to become a candidate for any office except for the fact that some other candidate received an equal number of votes therefor, then all such persons receiving an equal number of votes shall likewise become candidates for such office.

Section 2-3-4      Election to Office

The candidates equal in number to the persons to be elected who receive the highest number of votes shall be declared elected.

Section 2-3-5      Candidate Financial Disclosure

Each candidate for the office of councilmember shall file a financial disclosure statement when such candidate files a nomination paper.  The statement shall contain such information as required by resolution.

ARTICLE 2-4        COUNCIL PROCEDURE

2-4-1           Regular Meetings

2-4-2           Special Meetings

2-4-3           Meetings to Be Public

2-4-4           Quorum

2-4-5           Agenda

2-4-6           Order of Business

2-4-7           Committees and Commissions

2-4-8           Voting

2-4-9           Suspension of Rules

Section 2-4-1      Regular Meetings^[1]

The council shall hold regular meetings on the third Tuesday of each month at seven o'clock p.m., provided that when the day fixed for any regular meeting of the council falls upon a day designated by law as a legal holiday, such meeting shall be held at the same hour on the next succeeding day not a holiday on a day and time designated by the council.  All regular meetings of the council shall be held in the Thatcher Town Hall or such other place as the council may designate.

Section 2-4-2      Special Meetings^[2]

The mayor, or the clerk upon the approval of four members of the council, may convene the council at any time by notifying the members of the date, hour, place and purpose of such special meeting.  Notice of such meeting shall be made pursuant to state law.

Section 2-4-3      Meetings to Be Public

All proceedings of the council shall be open to the public, except that upon approval by a majority vote of the council, the council may meet in a closed executive session in the manner provided by state law.

Section 2-4-4      Quorum^[3]

A majority of the council shall constitute a quorum for transacting business.  If less than a quorum is present, no business shall be transacted.

Section 2-4-5      Agenda

Prior to each council meeting, or on or before a time fixed by the council for preparation and distribution of an agenda, whichever is earlier, the manager shall collect all written reports, communications, ordinances, resolutions, contracts and other documents to be submitted to the council, prepare an agenda according to the order of business and furnish each councilmember, the mayor and the attorney with a copy.

Section 2-4-6      Order of Business

The business of the council shall be taken up for consideration and disposition in the following order:

1. Call to Order.  The mayor shall take the chair at the hour appointed for the meeting and shall call the council to order.  In the absence of the mayor, the vice mayor shall call the council to order.  In the absence of both the mayor and vice mayor, the clerk shall call the council to order, and an acting mayor shall be selected to chair the meeting.  Upon the arrival of the mayor or the vice mayor, the vice mayor or the acting mayor shall immediately relinquish the chair upon the conclusion of the business immediately before the council.  The mayor shall preserve order and decorum and decide all questions of order.
   

2. Pledge of Allegiance.  Immediately following the call to order, the council shall recite the pledge of allegiance.
   

3. Roll Call.  Before proceeding with the business of the council, the clerk or his deputy shall call the roll of the members, and the names of those members present shall be entered in the minutes.  If a quorum is not present, the members present may adjourn pursuant to Section 2-4-4 of this code.
   

4. Consent Agenda.   When any item of business requires action by the council, but is of a routine and non-controversial nature, such item may be presented as part of a consent agenda.
   

   1.      There shall be no debate or discussion by any member of the council regarding any item on the consent agenda, beyond asking questions for simple clarification.

   2.      Upon objection by any member of the council to inclusion of any item on the consent agenda, that item shall be removed from the consent agenda forthwith.  Such objections may be recorded at any time prior to the taking of a vote on the motion to approve the consent agenda.  All such items shall be considered individually, in the order in which they were objected to, immediately following consideration of the consent agenda.

   3.      Approval of the motion to approve the consent agenda shall be fully equivalent to approval, adoption or enactment of each motion, resolution, ordinance or other item of business thereon, exactly as if each had been acted upon individually.
   

5. Minutes.  The clerk or his deputy shall read or present the minutes of the preceding council meeting, which shall be approved if correct.  Any errors noted shall be corrected.
   

6. Committee Reports and Demands.  Any reports of committees or demands against the town shall be presented.  The demands shall be approved or disapproved by the council.
   

7. Call to the Public.  Petitions, remonstrances, communications, and comment or suggestions from citizens present, shall be heard by the council.  All such remarks shall be addressed to the council as a whole, and not to any member thereof.  Such remarks shall be limited to five minutes, unless additional time is granted by the council.  No person other than the individual speaking shall enter into the discussion without the permission of the presiding officer.  No question shall be asked a councilmember except through the presiding officer.  Members of the council may not discuss, consider or make decisions on matters other than to direct staff to investigate and respond to the petition or request the matter be scheduled for consideration at a future meeting.
   

8. Unfinished Business.  The council shall consider any business that has been previously considered and which is still unfinished.
   

9. New Business.  The council shall consider any business not heretofore considered, including the introduction of ordinances and resolutions.
   

10. Adjournment.  The council may, by a majority vote of those present, adjourn from time to time to a specific date and hour.  A motion to adjourn shall always be in order and decided without debate.

Section 2-4-7      Committees and Commissions

The council may create such boards, committees and commissions, standing or special, as it deems necessary.  They shall consist of as many members and shall perform such duties as the council may require and shall exist at the pleasure of the council.

Section 2-4-8      Voting

1. The mayor shall vote as a member of the council.
   

2. Upon the request of any member, the ayes and nays upon any question shall be taken and entered in the minutes.

Section 2-4-9      Suspension of Rules

Any of the provisions of this article may be temporarily suspended in connection with any matter under consideration by a recorded vote of three-fourths of the members present, except that this section shall not be construed to permit any action that is contrary to state statutes.

ARTICLE 2-5        ORDINANCES, RESOLUTIONS AND CONTRACTS

2-5-1           Prior Approval

2-5-2           Introduction

2-5-3           Reading of Proposed Ordinance

2-5-4           Requirements for an Ordinance

2-5-5           Effective Date of Ordinances

2-5-6           Signatures Required

2-5-7           Publishing Required

2-5-8           Posting Required

Section 2-5-1      Prior Approval

All ordinances, resolutions and contract documents shall, before presentation to the council, have been reviewed as to form by the attorney and shall, when there are substantive matters of administration involved, be referred to the person who is charged with the administration of the matters.  Such person shall have an opportunity to present his objections, if any, prior to the passage of the ordinance, resolution or acceptance of the contract.

Section 2-5-2      Introduction

Ordinances, resolutions, and other matters or subjects requiring action by the council shall be introduced and sponsored by a member of the council, except that the attorney or the manager may present ordinances, resolutions and other matters or subjects to the council, and any member of the council may assume sponsorship thereof by moving that such ordinance, resolution, matter or subject be adopted; otherwise, they shall not be considered.

Section 2-5-3      Reading of Proposed Ordinance

Ordinances shall be read at least once, prior to adoption, but may be read by title only, if the council, in possession of printed copies of said ordinance, unanimously allow reading the title only.

Section 2-5-4      Requirements for an Ordinance

Each ordinance should have but one subject, the nature of which is clearly expressed in the title.  Whenever possible, each ordinance shall be introduced as an amendment to this code or to an existing ordinance, and, in such case, the title of the sections to be amended shall be included in the ordinance.

Section 2-5-5      Effective Date of Ordinances

1. No ordinance, resolution or franchise shall become operative until thirty days after its passage by the council and approval by the mayor, except measures necessary for the immediate preservation of the peace, health or safety of the town, but such an emergency measure shall not become immediately operative unless it states in a separate section the reason why it is necessary that it should become immediately operative, and unless it is approved by the affirmative vote of three-fourths of all the members elected to the council, taken by ayes and nays.
   

2. In addition to the provisions of subsection A of this section, the clerk shall certify the minutes of any council meeting at which an ordinance, resolution or franchise, except an emergency measure, is passed.  The thirty day period specified in subsection A of this section shall be calculated from the date of passage by the council and approval by the mayor.

Section 2-5-6      Signatures Required

Every ordinance passed by the council shall, before it becomes effective, be signed by the mayor and attested by the clerk.

Section 2-5-7      Publishing Required

Only such orders, ordinances, resolutions, motions, regulations or proceedings of the council shall be published as may be required by state statutes or expressly ordered by the council.

Section 2-5-8      Posting Required

Every ordinance imposing any penalty, fine, forfeiture or other punishment shall, after passage, be posted by the clerk in three or more public places within the town and an affidavit of the person who posted the ordinance shall be filed in the office of the clerk as proof of posting.

ARTICLE 2-6        INDEMNIFICATION OF OFFICERS, EMPLOYEES, COUNCILMEMBERS AND MEMBERS OF COMMITTEES, COMMISSIONS AND BOARDS

2-6-1           Definitions

2-6-2           Persons to be Indemnified

2-6-3           Action Other Than By or in the Right of Town

2-6-4           Criminal Proceedings

2-6-5           No Presumption Created

2-6-6           Action By or in the Right of Town

2-6-7           Negligence and Misconduct

2-6-8           Success on the Merits

2-6-9           Determination by Council

2-6-10         Indemnification Not Exclusive Remedy

Section 2-6-1      Definitions

In this article unless the context otherwise requires:

1. "Person" means town officers, employees, the mayor, councilmembers and members of committees, commissions and boards of the town.
   

2. "Proceeding" means any threatened, pending or contemplated action, suit or proceeding, whether civil, criminal, administered or investigated.

Section 2-6-2      Persons to be Indemnified

Any person made a party or threatened to be made a party to any proceeding by reason of the fact that said person is an officer, employee, councilmember or member of a board or commission of the town shall be indemnified as hereinafter set forth.

Section 2-6-3      Action Other Than By or in the Right of Town

If said proceeding is one other than an action by or in the right of the town, said person shall be indemnified against his expenses, including attorney's fees, and including judgments, fines, amounts paid in settlement actually and reasonably incurred by him in connection with such proceeding.

Section 2-6-4      Criminal Proceedings

If said proceeding is a criminal proceeding, said person shall be indemnified if he had no reasonable cause to believe his conduct was unlawful.

Section 2-6-5      No Presumption Created

With respect to indemnification under Section 2-6-3 or 2-6-4, a termination of the proceeding by judgment, order, settlement, conviction, or upon a plea of nolo contendere or its equivalent, shall not by itself create a presumption that said person acted, or failed to act, other than in good faith and in a manner which he reasonably believed to be in, or not opposed to, the best interest of the town; and with respect to any criminal proceeding, shall not by itself create a presumption that said person had reasonable cause to believe that his conduct was unlawful.

Section 2-6-6      Action By or in the Right of Town

If said proceeding is one by or in the right of the town to procure a judgment in the town's favor, said person shall be indemnified against his expenses, including attorney's fees, but excluding judgments and fines, and, except as hereinafter set forth, amounts paid in settlement, actually and reasonably incurred by him in connection with the defense or settlement of such proceeding if he acted, or failed to act, in good faith and in a manner he reasonably believed to be in or not opposed to the best interests of the town.

Section 2-6-7      Negligence and Misconduct

No indemnification under Section 2-6-6 shall be made in respect of any claim, issue or matter as to which such person shall be adjudged to be liable for negligence or misconduct in the performance of his duty to the town.

Section 2-6-8      Success on the Merits

To the extent that a person covered by this article has been successful on the merits or otherwise in defense of any proceeding covered by this article or in the defense of any claim, issue or matter therein, he shall be indemnified against expenses, including attorney's fees, actually and reasonably incurred by him in connection therewith.

Section 2-6-9      Determination by Council

Any indemnification made pursuant to this article shall be made by the town only as authorized in the specific case upon a determination that indemnification of the officer, employee or councilmember is proper in the circumstances because he has met the applicable standard of conduct set forth in this article.  Such determination shall be made by any of the following:

1. By the town council by majority vote of a quorum consisting of councilmembers who were not party to the proceeding.
   

2. If a quorum is not obtainable, then by a written opinion of independent legal counsel acquired by majority of the disinterested councilmembers for that purpose.
   

3. If there are not disinterested councilmembers, then by a declaratory judgment action brought in the superior court, declaring the rights of the officer, employee or councilmember to be indemnified pursuant to this article.

Section 2-6-10    Indemnification Not Exclusive Remedy

The indemnification provided by this article shall not be deemed exclusive of any other rights to which those indemnified may be entitled.  The indemnification provided by this article shall be supplemental to and excess to any valid and collectible insurance coverage.

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