Assembly Bill No. 69

Assembly Bill No. 69-Committee on Government Affairs

CHAPTER

215

AN ACT relating to the City of North Las Vegas; authorizing the City of North Las Vegas to increase the number of municipal judges; revising the residency requirement for municipal judges and city councilmen; requiring that a candidate for city council who receives votes equal to a majority of voters casting ballots in the primary election be declared elected to a seat on the city council; and providing other matters properly relating thereto.

[Approved June 30, 1997]

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

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Section 1. The charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada 1971, at page 1210, is hereby amended by adding thereto a new section to be designated as section 4.005, immediately preceding section 4.020, to read as follows:

Sec. 4.005 Municipal court.

1. There is a municipal court of the city which consists of at least one department. Each department must be presided over by a municipal judge and has such power and jurisdiction as is prescribed in, and is, in all respects which are not inconsistent with this charter, governed by the provisions of chapters 5 and 266 of NRS which relate to municipal courts.

2. The city council may, from time to time, by ordinance, establish additional departments of the municipal court and shall appoint an additional municipal judge for each additional department.

3. At the first municipal primary or municipal general election that follows the appointment of an additional municipal judge to a newly created department of the municipal court, the successor to that municipal judge must be elected for a term of 2 or 4 years, as determined by the city council, in order that, as nearly as practicable, one-half of the number of municipal judges be elected every 2 years.

4. Except as otherwise provided by the ordinance establishing an additional department, each municipal judge must be voted upon by the registered voters of the city at large.

5. The respective departments of the municipal court must be numbered 1 through the appropriate Arabic numeral, as additional departments are approved by the city council. A municipal judge must be elected for each department by number.

Sec. 2. Section 1.050 of the charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada 1971, at page 1211, is hereby amended to read as follows:

Sec. 1.050 Elective offices.

1. The elective officers of the city consist of:

(a) A mayor.

(b) Four councilmen.

2. Such officers [shall] must be elected as provided by this charter.

Sec. 3. Section 2.010 of the charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada 1971, at page 1212, as amended by chapter 98, Statutes of Nevada 1977, at page 209, is hereby amended to read as follows:

Sec. 2.010 City council: Qualifications; election; term of office; salary.

1. The legislative power of the city is vested in a city council consisting of four councilmen and a mayor.

2. The mayor and councilmen [shall] must be:

(a) Bona fide residents of the city for at least [2 years prior to] 6 months immediately preceding their election.

(b) Qualified electors within the city.

3. At the time of filing, if so required by an ordinance duly enacted, candidates for the office of mayor and councilman shall produce evidence in satisfaction of any or all of the qualifications provided in subsection 2.

4. All councilmen, including the mayor, [shall] must be voted upon by the registered voters of the city at large , and [shall serve for] their terms of office are 4 years.

5. The mayor and councilmen [shall] are entitled to receive a salary in an amount fixed by the city council.

Sec. 4. Section 4.020 of the charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada 1971, at page 1222, as last amended by chapter 208, Statutes of Nevada 1985, at page 675, is hereby amended to read as follows:

Sec. 4.020 Municipal court: Residency requirement of municipal judge; salary.

1. A municipal judge must have been a resident of the city for a continuous [2-year] period of at least 6 months immediately preceding his election.

2. If so required by an ordinance duly enacted, candidates for the office of municipal judge, at the time of filing, shall produce evidence in satisfaction of any or all of the qualifications for office.

3. The salary of [the] a municipal judge must be fixed by the city council.

Sec. 5. Section 5.020 of the charter of the City of North Las Vegas, being chapter 573, Statutes of Nevada 1971, as amended by chapter 723, Statutes of Nevada 1973, at page 1442, is hereby amended to read as follows:

Sec. 5.020 Primary municipal elections; declaration of candidacy.

1. The city council shall provide by ordinance for candidates for elective office to declare their candidacy and file the necessary documents.

2. If for any general municipal election there are three or more candidates for the offices of mayor or municipal judge, or five or more candidates for the office of councilman, a primary election for any such office [shall] must be held on the Tuesday following the [1st] first Monday in May preceding [such] the general election.

3. [After] Except as otherwise provided in subsections 4 and 5, after the primary election, the names of the two candidates for mayor and municipal judge and the names of the four candidates for city councilman who receive the highest number of votes [shall] must be placed on the ballot for the general election . [unless]

4. If one of the candidates for mayor or municipal judge receives a majority of the total votes cast for that office in the primary election, [in which case such candidate shall be declared the winner.] he shall be declared elected to office and his name must not appear on the ballot for the general election.

5. If a candidate for city council receives votes equal to a majority of voters casting ballots in the primary election:

(a) He shall be declared elected to one of the open seats on the city council and his name must not appear on the ballot for the general election.

(b) Unless all the open seats were filled pursuant to paragraph (a), the names of those candidates who received the highest number of votes but did not receive a number of votes equal to a majority of the voters casting ballots in the primary election, not to exceed twice the number of candidates remaining to be elected, must be placed on the ballot for the general election.
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