Assembly Bill No. 238-Committee on Government Affairs
March 5, 1997
____________
Referred to Committee on Government Affairs
SUMMARY--Revises duties and powers of mayor of City of Las Vegas. (BDR S-1491)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to the City of Las Vegas; authorizing the mayor to veto any contract, resolution or ordinance approved by the city council; eliminating the authority of the mayor to vote on certain measures before the city council; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1 Section 1.050 of the charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, at page 1392, is hereby amended to read as follows:
Sec. 1.050 "Councilman" defined. "Councilman" means a member of the city council . [, other than the mayor.]
Sec. 2 Section 2.010 of the charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, at page 1394, is hereby amended to read as follows:
Sec. 2.010 General provisions.
1. The municipal government [and the legislative power] of the city [is vested in] includes a mayor and a city council . The legislative power of the city is vested in the city council which consists of [a mayor and] four councilmen.
2. Members of the city council may vote on any lease, contract or other agreement which extends beyond their respective terms of office.
Sec. 3 Section 2.030 of the charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, at page 1394, is hereby amended to read as follows:
Sec. 2.030 Mayor: Duties; mayor pro tempore; duties.
1. The mayor [shall] :
(a) Shall preside over and conduct the meetings of the city council.
(b) Except as otherwise provided in paragraph (c), may vote on any measure before the city council in the case of a tie vote.
(c) May not vote on any proposed ordinance.
(d) May veto any contract, resolution or ordinance approved by the city council if he gives notice in writing to the city clerk within 10 days after the city council approves the contract, resolution or ordinance.
2. The city council may override such a veto by a vote of at least three-fourths of its members.
3. The city council shall elect one of its members to be mayor pro tempore. That person:
(a) [Shall] Must hold that office and title without additional compensation during the term for which he was elected as mayor pro tempore.
(b) Possesses the powers and shall perform the duties of mayor during the absence or disability of the mayor.
(c) Shall act as mayor until the next municipal election, if the office of mayor becomes vacant.
Sec. 4 Section 2.060 of the charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, at page 1395, is hereby amended to read as follows:
Sec. 2.060 Meetings: Quorum.
1. A majority of all members of the city council constitutes a quorum to do business, but a lesser number may meet and recess from time to time or compel the attendance of the absent members, or both, under such penalties as may be prescribed by ordinance.
2. Unless otherwise provided by law, including sections 1.160, 2.100 and 3.050 and subsection 3 of section 2.110 of this charter, the concurrence of a majority of a quorum of the city council or of the members present at a meeting, whichever is greater, is necessary to pass any proposition.
Sec. 5 Section 2.090 of the charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, as amended by chapter 127, Statutes of Nevada 1989, at page 283, is hereby amended to read as follows:
Sec. 2.090 Powers of city council: Ordinances; resolutions and orders.
1. The city council may make and adopt all ordinances, resolutions and orders, not repugnant to the Constitution of the United States or the constitution of the State of Nevada or the provisions of NRS or of this charter, which are necessary for the municipal government, the management of the affairs of the city and the execution of all of the powers which are vested in the city.
2. The city council may enforce those ordinances by providing penalties which do not exceed those which are established by the legislature for misdemeanors.
3. The city council may not adopt any ordinance which provides for an increase or a decrease in the salary of the office of mayor or any [of its members] councilman to take effect during the term for which the mayor or [that member] the councilman is elected or appointed, but the city council may by ordinance increase or decrease the salary for the office of mayor or city councilman at any time before the day preceding the last day for filing a declaration of candidacy for that office for the next succeeding term to take effect on the first day of the next succeeding term.
Sec. 6 Section 3.010 of the charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, at page 1406, is hereby amended to read as follows:
Sec. 3.010 Mayor: Executive powers. The mayor:
1. Is the chief executive officer of the city government.
2. Shall take all proper measures for the preservation of the public peace and order and the suppression of riots, tumults and all forms of public disturbances, for which purposes he may request assistance from the sheriff of the Las Vegas Metropolitan Police Department. If the local law enforcement forces are inadequate, he may call upon the governor for military aid in the manner provided by law.
3. Shall perform such other emergency duties as may be necessary for the public health, safety, prosperity, security, general welfare and orderly government of the city and its inhabitants.
4. [Must sign all contracts, resolutions and ordinances which have been] Shall sign each contract, resolution or ordinance approved by the city council [.] , unless he vetoes the contract, resolution or ordinance and the city council does not override that veto. If the mayor does not veto a contract, resolution or ordinance approved by the city council, or if he vetoes such a contract, resolution or ordinance and the city council overrides that veto, and the mayor refuses to sign [any] that contract, resolution or ordinance [which has been approved by the city council within 5] within 10 days after he has received it, the mayor pro tempore shall, at the direction of the city council which is given at a [duly] convened meeting of the city council, sign that contract, resolution or ordinance.
5. [Perform such] Shall perform other duties as may be prescribed by ordinance or by the provisions of NRS which apply to a mayor of a city which is organized [under] pursuant to the provisions of a special charter.
Sec. 7 This act becomes effective on July 1, 1997.