SUMMARY--Requires special election to fill certain vacancies on governing body of city. (BDR 21-1154)
FISCAL NOTE: Effect on Local Government: Yes.
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 cities; requiring a special election to fill certain vacancies on the governing body of a city; 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 NRS 266.225 is hereby amended to read as follows:
266.225 [Any] Except as otherwise provided in section 2 of this act, any vacancy occurring in the office of councilman by death, resignation, removal or otherwise [shall] must be filled by the mayor and city council at the first regular meeting after [such] the vacancy, when the council and the mayor, who [shall have] has the same voting power thereon as a councilman, shall by a majority vote elect some person possessing the requisite qualifications, who shall hold the office until the election and qualification of his successor at the next general city election.
Sec. 2. Chapter 268 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If a vacancy occurs on the governing body of a city that leaves an unexpired term of 1 year or more, the office must be filled by a special election for the remainder of the unexpired term.
2. Not more than 15 days after the vacancy occurs, the governing body shall set a date for the special election. The special election must be held on a Tuesday at least 60 days but not more than 75 days after the date on which the date of the special election is set. An affidavit of candidacy for the vacant office must be filed with the city clerk at least 30 days but not more than 45 days before the date of the special election.
3. The city clerk shall give notice of the date and purpose of the special election within 5 days after the date is set, and shall cause a list of the names of persons who have filed affidavits of candidacy for the vacant office to be prepared no later than 25 days before the date of the special election.
Sec. 3. Section 12 of the charter of Boulder City is hereby amended to read as follows:
Section 12. Vacancies in council.
[Vacancies] Except as otherwise provided in section 2 of this act, a vacancy on the council [shall] must be filled by appointment by a majority of the remaining members of the council within 30 days or after three regular or special meetings, whichever is the shorter period of time. In the event of a tie vote among the remaining members of the council, selection [shall] must be made by lot. No such appointment [shall extend] extends beyond the next municipal election.
Sec. 4. Section 1.060 of the charter of the City of Caliente, being chapter 31, Statutes of Nevada 1971, as last amended by chapter 854, Statutes of Nevada 1989, at page 2058, is hereby amended to read as follows:
Sec. 1.060 Elective offices: Vacancies.
Except as otherwise provided in section 2 of this act:
1. A vacancy in the city council or in the office of mayor must be filled by a majority vote of the members of the city council within 30 days after the occurrence of the vacancy. A person may be selected to fill a prospective vacancy in the council before the vacancy occurs. In such a case, each member of the council, except any member whose term of office expires before the occurrence of the vacancy, may participate in any action taken by the council pursuant to this section. The appointee must have the same qualifications as are required of the elected official.
2. The appointee shall serve until the next municipal election and his successor is elected and qualified. At the time of the election, if a balance remains in the term of office to which the appointee was appointed, the successor may be elected only for the balance of that term.
Sec. 5. Section 1.060 of the charter of the City of Carlin, being chapter 344, Statutes of Nevada 1971, as amended by chapter 854, Statutes of Nevada 1989, at page 2059, is hereby amended to read as follows:
Sec. 1.060 Elective offices: Vacancies.
Except as otherwise provided in section 2 of this act:
1. A vacancy in the board of councilmen or in the office of mayor must be filled by a majority vote of the members of the board of councilmen within 30 days after the occurrence of the vacancy. A person may be selected to fill a prospective vacancy in the board before the vacancy occurs. In such a case, each member of the board, except any member whose term of office expires before the occurrence of the vacancy, may participate in any action taken by the board pursuant to this section. The appointee must have the same qualifications as are required of the elective official.
2. No such appointment [may extend] extends beyond the first Monday in July after the next municipal election, at which election the office must be filled for the remaining unexpired term.
Sec. 6. Section 2.030 of the charter of Carson City, being chapter 213, Statutes of Nevada 1969, as amended by chapter 854, Statutes of Nevada 1989, at page 2059, is hereby amended to read as follows:
Sec. 2.030 Board of supervisors: Vacancies.
Except as otherwise provided in section 2 of this act:
1. A vacancy in the office of supervisor must be filled by appointment by a majority of the members of the board within 30 days after the occurrence of the vacancy or after three regular or special meetings, whichever is the shorter period of time. A person may be selected to fill a prospective vacancy in the board before the vacancy occurs. In such a case, each member of the board, except any member whose term of office expires before the occurrence of the vacancy, may participate in any action taken by the board pursuant to this section. The appointee must have the qualifications required by section 2.010.
2. No such appointment [may extend] extends beyond the first Monday in January after the next general election, at which election a new supervisor must be elected to fill the unexpired term.
Sec. 7. Section 1.060 of the charter of the City of Elko, being chapter 276, Statutes of Nevada 1971, as amended by chapter 854, Statutes of Nevada 1989, at page 2059, is hereby amended to read as follows:
Sec. 1.060 Elective offices: Vacancies.
Except as otherwise provided in section 2 of this act:
1. A vacancy in the board of supervisors must be filled by a majority vote of the members within 30 days after the occurrence of the vacancy. A person may be selected to fill a prospective vacancy in the board before the vacancy occurs. In such a case, each member of the board, except any member whose term of office expires before the occurrence of the vacancy, may participate in any action taken by the board pursuant to this section. The appointee must have the same qualifications as are required of the elective official.
2. No such appointment [may extend] extends beyond the first Monday in July after the next municipal election, at which election the office must be filled.
Sec. 8. Section 1.070 of the charter of the City of Gabbs, being chapter 265, Statutes of Nevada 1971, as amended by chapter 854, Statutes of Nevada 1989, at page 2060, is hereby amended to read as follows:
Sec. 1.070 Elective offices: Vacancies.
Except as otherwise provided in section 2 of this act:
1. A vacancy in the board of councilmen or in the office of mayor must be filled by a majority vote of the members of the board of councilmen within 30 days after the occurrence of the vacancy. A person may be selected to fill a prospective vacancy in the board before the vacancy occurs. In such a case, each member of the board, except any member whose term of office expires before the occurrence of the vacancy, may participate in any action taken by the board pursuant to this section. The appointee must have the same qualifications as are required of the elective official.
2. No such appointment [may extend] extends beyond the first Monday in July after the next municipal election, at which election the office must be filled.
Sec. 9. Section 1.070 of the charter of the City of Henderson, being chapter 266, Statutes of Nevada 1971, as amended by chapter 596, Statutes of Nevada 1995, at page 2206, is hereby amended to read as follows:
Sec. 1.070 Elective Offices: Vacancies.
Except as otherwise provided in section 2 of this act:
1. A vacancy in the city council or in the office of mayor or municipal judge must be filled by a majority vote of the members of the city council, or the remaining members in the case of a vacancy in the city council, within 30 days after the occurrence of [such] the vacancy. The appointee must have the same qualifications as are required of the elective official.
2. No such appointment [may extend] extends beyond the first regular meeting of the city council after the canvass of returns of the election in which the vacancy is to be filled.
Sec. 10. Section 1.160 of the charter of the City of Las Vegas, being chapter 517, Statutes of Nevada 1983, as amended by chapter 854, Statutes of Nevada 1989, at page 2060, is hereby amended to read as follows:
Sec. 1.160 Elective offices: Vacancies.
Except as otherwise provided in section 2 of this act:
1. A vacancy in the office of mayor, councilman or municipal judge must be filled by the majority vote of the entire city council within 30 days after the occurrence of that vacancy. A person may be selected to fill a prospective vacancy in the city council before the vacancy occurs. In such a case, each member of the council, except any member whose term of office expires before the occurrence of the vacancy, may participate in any action taken by the council pursuant to this section. The appointee must have the same qualifications as are required of the elective official.
2. No appointment [may extend] extends beyond the first regular meeting of the city council [which] that follows the next general municipal election, at which election the office must be filled for the remainder of the unexpired term, or beyond the first regular meeting of the city council after the Tuesday after the first Monday in the next succeeding June in an odd-numbered year, if no general municipal election is held in that year.
Sec. 11. Section 1.060 of the charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada 1971, as last amended by chapter 854, Statutes of Nevada 1989, at page 2061, is hereby amended to read as follows:
Sec. 1.060 Elective offices: Vacancies.
Except as otherwise provided in section 2 of this act:
1. A vacancy in the city council or in the office of mayor or municipal judge must be filled by a majority vote of the members of the city council within 30 days after the occurrence of the vacancy. A person may be selected to fill a prospective vacancy in the city council before the vacancy occurs. In such a case, each member of the council, except any member whose term of office expires before the occurrence of the vacancy, may participate in any action taken by the council pursuant to this section. The appointee must have the same qualifications as are required of the elective official.
2. No such appointment [may extend] extends beyond the first day of July after the next municipal election, at which election the office must be filled for the remaining unexpired term.
Sec. 12. Section 1.070 of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as amended by chapter 854, Statutes of Nevada 1989, at page 2061, is hereby amended to read as follows:
Sec. 1.070 Elective offices: Vacancies.
Except as otherwise provided in section 2 of this act:
1. A vacancy in the city council or in the office of city attorney or municipal judge must be filled by a majority vote of the members of the city council within 30 days after the occurrence of the vacancy. A person may be selected to fill a prospective vacancy in the city council before the vacancy occurs. In such a case, each member of the council, except any member whose term of office expires before the occurrence of the vacancy, may participate in any action taken by the council pursuant to this section. The appointee must have the same qualifications as are required of the elective official.
2. The appointee shall serve the balance of the term of office to which he is appointed and until his successor is elected and qualified.
Sec. 13. Section 1.070 of the charter of the City of Sparks, being chapter 470, Statutes of Nevada 1975, as last amended by chapter 854, Statutes of Nevada 1989, at page 2061, is hereby amended to read as follows:
Sec. 1.070 Elective offices; vacancies.
Except as otherwise provided in section 2 of this act:
1. A vacancy in the city council, or in the office of city attorney or municipal judge must be filled by appointment of the mayor, subject to confirmation by the city council, within 30 days after the occurrence of the vacancy. A person may be selected to fill a prospective vacancy in the city council before the vacancy occurs. In such a case, each member of the council, except any member whose term of office expires before the occurrence of the vacancy, may participate in any action taken by the council pursuant to this section. If the majority of the council is unable or refuses for any reason to confirm any appointment made by the mayor within 30 days after the vacancy occurs, the city council shall present to the mayor the names of two qualified persons to fill the vacancy. The mayor shall, within 15 days after the presentation, select one of the two qualified persons to fill the vacancy. The appointee must have the same qualifications required of the elected official.
2. A vacancy in the office of the mayor must be filled by the mayor pro tempore. The resulting vacancy in the city council must be filled as provided in subsection 1.
3. The appointee or mayor pro tempore, in case of a vacancy in the office of mayor, shall serve until his successor is elected and qualified at the next municipal election to serve the remainder of the unexpired term.
Sec. 14. Section 1.060 of the charter of the City of Wells, being chapter 275, Statutes of Nevada 1971, as amended by chapter 854, Statutes of Nevada 1989, at page 2062, is hereby amended to read as follows:
Sec. 1.060 Elective offices: Vacancies.
Except as otherwise provided in section 2 of this act:
1. A vacancy in the board of councilmen or in the office of mayor must be filled by a majority vote of the members of the board of councilmen within 30 days after the occurrence of the vacancy. A person may be selected to fill a prospective vacancy in the board before the vacancy occurs. In such a case, each member of the board, except any member whose term of office expires before the occurrence of the vacancy, may participate in any action taken by the board pursuant to this section. The appointee must have the same qualifications as are required of the elective official.
2. No such appointment [may extend] extends beyond the first Monday in July after the next municipal election, at which election the office must be filled for the remaining unexpired term.
Sec. 15. Section 1.060 of the charter of the City of Yerington, being chapter 465, Statutes of Nevada 1971, at page 902, is hereby amended to read as follows:
Sec. 1.060 Elective offices: Vacancies.
Except as otherwise provided in section 2 of this act:
1. A vacancy in the city council or in the office of mayor [shall] must be filled by a majority vote of the members of the city council, or the remaining members, in the case of a vacancy in the city council, within 30 days after the occurrence of [such] the vacancy. The appointee [shall] must have the same qualifications as are required of the elective official.
2. No such appointment [shall extend] extends beyond the [1st] first Monday in July after the next municipal election, at which election the office [shall] must be filled.
Sec. 16. The provisions of subsection 1 of NRS 354.599 do not apply to any additional expenses of a local government that are related to the provisions of this act.