Senate Bill No. 44-Committee on Government Affairs
(On Behalf of the City of Reno)
January 29, 1997
____________
Referred to Committee on Government Affairs
SUMMARY--Makes various changes to charter of City of Reno concerning elective and appointive offices. (BDR S-526)
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 Reno; making various changes to the charter of the City of Reno concerning elective and appointive offices; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1 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.
1. [A] Except as otherwise provided in this section, 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] until the next general municipal election and until his successor is elected and qualified. Notwithstanding the provisions of section 5.010 of this charter to the contrary, the office must be filled by election at the next general municipal election. If that election is other than the election specified in section 5.010 of this charter for the filling of the office, the election is only for the balance of the unexpired term for that office.
3. If a vacancy occurs in an office of city council, in lieu of appointment, the city council may, by resolution, declare a special election to fill the vacancy. The special election must be conducted in accordance with the provisions of the resolution declaring the special election and section 5.030 of this charter.
Sec. 2. Section 1.090 of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 65, Statutes of Nevada 1981, at page 160, is hereby amended to read as follows:
Sec. 1.090 Appointive officers.
1. The city council shall provide for the appointment of a city manager to perform the duties outlined in section 3.020. A vacancy in the office of city manager must be filled within 6 months.
2. Applicants for the position of city manager need not be residents of the city or state at the time of their appointment, except that applicants who are residents of the city and who have qualifications equal to those of nonresidents must be given preference in filling the position.
3. The city council may establish such other appointive offices as it may deem necessary for the operation of the city by designating the position and the qualifications therefor by ordinance. Appointive offices are limited to the head of each department or division except:
(a) One immediate assistant for the director of public works.
(b) Special technical staff members who report directly to the city manager.
(c) In the fire department and police department, no positions below the office of chief.
Appointment of such officers must be made by the city manager and the appointment of the chief of police and the fire chief must be confirmed by the city council.
4. A city clerk must be appointed by the city council.
Sec. 3. Section 1.100 of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 561, Statutes of Nevada 1977, at page 1392, is hereby amended to read as follows:
Sec. 1.100 Appointive officers: Miscellaneous provisions.
1. All appointive officers, except the city clerk and his deputy, shall perform such duties as may be designated by the city manager . [and such other duties as may be directed by the city council.]
2. Any employee of the city holding a civil service rating under the city and who is appointed to any position provided for in section 1.090 [shall] does not lose his civil service rating while serving in [such] that position.
3. All appointive officers [shall be] are entitled to all employment benefits to which civil service employees are entitled.
4. The city council may require from all other officers and employees of the city constituted or appointed under this charter, except the mayor and councilmen, sufficient security for the faithful and honest performance of their respective duties.
Sec. 4. Section 3.010 of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 9, Statutes of Nevada 1993, at page 20, is hereby amended to read as follows:
Sec. 3.010 Mayor: Duties; assistant mayor.
1. The mayor:
(a) Shall serve as a member of the city council and preside over its meetings.
(b) [Must] Shall not have any administrative duties.
(c) Must be recognized as the head of the city government for all ceremonial purposes.
(d) Shall determine the order of business at meetings pursuant to the rules of the city council.
(e) Is entitled to vote and shall vote last on all roll call votes.
(f) Shall take all proper measures for the preservation of the public peace and order and for the suppression of riots and all forms of public disturbance, for which he is authorized to appoint extra policemen temporarily and without regard to civil service rules and regulations, and to call upon the sheriff of Washoe County, or, if that force is inadequate, to call upon the governor for assistance.
(g) Shall perform such other duties, except administrative duties, as may be prescribed by ordinance or by the provisions of Nevada Revised Statutes which apply to a mayor of a city organized pursuant to the provisions of a special charter.
2. At the first regular city council meeting in [June] November of each year, the city council shall elect one of the councilmen to be assistant mayor. That person:
(a) Holds that office and title, without additional compensation, for a term of 1 year or until removed after a hearing for cause by a vote of six-sevenths of the city council.
(b) Shall perform the duties of mayor during the absence or disability of the mayor.
(c) Shall act as mayor [until the next election] if the office of mayor becomes vacant [.] until the vacancy is filled pursuant to section 1.070 of this charter.
Sec. 5. Section 3.020 of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 65, Statutes of Nevada 1981, at page 161, is hereby amended to read as follows:
Sec. 3.020 City manager: Duties; compensation.
1. The city manager is the chief executive and administrative officer of the city government. He is responsible to the city council for the proper administration of all affairs of the city. His duties and salary must be fixed by the city council and he is entitled to be reimbursed for all expenses incurred in the performance of his duties.
2. The city manager may appoint such clerical and administrative assistants as he may deem necessary.
3. He may designate an acting city manager to serve in his absence or, if he fails to do so, the city council may appoint an acting city manager.
4. No councilman may be appointed as city manager during the term for which he was elected, or for 1 year thereafter.
5. The city manager shall appoint all officers and employees of the city and may remove [for cause] any officer or employee of the city except as [may otherwise be] otherwise provided in this charter. The city manager may authorize the head of a department or office to appoint or remove his subordinates. The appointment of a [head of a department or office] chief of police or a fire chief by the city manager does not take effect until it has been confirmed by a majority vote of the members of the city council . [; and if] If a person so nominated is not confirmed, the city manager shall continue to submit nominations until a nominee is confirmed. [The city council may, by a majority vote of all the members elected, remove for cause any head of a department or office. All provisions of this subsection relating to appointment and removal of officers and employees are subject to the civil service provisions of article IX of this charter.]
Sec. 6. Section 3.030 of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, at page 1973, is hereby amended to read as follows:
Sec. 3.030 City manager: Removal.
1. The city council may remove the city manager from office in accordance with the procedure contained in this section.
2. The city council shall adopt by affirmative vote of a majority of all its members a preliminary resolution which [shall] must state the reasons for removal and may suspend the city manager from duty for a period not to exceed 15 days. A copy of the resolution [shall] must be delivered promptly to the city manager.
3. Within 5 days after a copy of the resolution is delivered to the city manager, he may file with the city council a written request for a public hearing. The public hearing [shall] must be held at a city council meeting not earlier than 15 days nor later than 30 days after the request is filed. The city manager may file with the city council a written reply not later than 5 days before the hearing.
4. The city council may adopt a final resolution of removal, which may be made effective immediately, by affirmative vote of a majority of all its members, at any time after 5 days from the date when a copy of the preliminary resolution was delivered to the city manager [,] if he has not requested a public hearing or at any time after the public hearing if he has requested one.
5. The city manager [shall continue] is entitled to receive his salary until the effective date of the final resolution of removal. [The action of the city council in suspending or removing the city manager shall not be subject to review by any agency or court.]
Sec. 7. Section 3.040 of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 65, Statutes of Nevada 1981, at page 161, is hereby amended to read as follows:
Sec. 3.040 City clerk: Duties.
1. The city clerk shall:
(a) Keep the corporate seal and all books and papers belonging to the city.
(b) Attend all meetings of the city council and keep an accurate journal of its proceedings, including a record of all ordinances, bylaws and resolutions passed or adopted by it. After approval at each meeting of the city council, the city clerk shall attest the journal after it has been signed by the mayor.
(c) Sign all warrants issued.
(d) Number and sign all licenses issued by the city. All licenses must be in a form devised by the city clerk and approved by the city council.
(e) Enter upon the journal the result of the vote of the city council upon the passage of ordinances, or of any resolution appropriating money, abolishing licenses, or increasing or decreasing the rates of licenses.
(f) Be the official collector of all business license fees and penalties of the city , [;] and all [moneys] money making up the city revenues, except general taxes and special assessments, must be paid over to him.
2. The city clerk has custody of all the official records of the city. He is responsible to the city council for the proper discharge of his duties. His duties and salary are fixed by the city council , and he is entitled to be reimbursed for all expenses incurred in the performance of his duties.
3. The city clerk may, with approval of the city council, appoint one chief deputy and one manager of record systems, who are not subject to the provisions of article IX of this charter. The [chief deputy may administer] city clerk may designate a member of his staff as acting city clerk to:
(a) Administer oaths ; and [shall perform]
(b) Perform all the duties of the city clerk in [the latter's] his absence.
Sec. 8. Section 3.140 of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, at page 1976, is hereby amended to read as follows:
Sec. 3.140 Interference by city council.
1. The mayor or councilmen shall not dictate the appointment, suspension or removal of any city administrative officer or employee appointed by the city manager or his subordinates . [unless the city council fully and freely discusses the matter with the city manager.] No person covered by the rules and regulations of the civil service commission may be appointed, suspended or removed except as provided in [such] those rules and regulations.
2. The city council or its members shall not deal directly with a city official or employee on a matter pertaining to city business but shall deal through the city manager.
Sec. 9. Section 5.020 of the charter of the City of Reno, being chapter 662, Statutes of Nevada 1971, as last amended by chapter 462, Statutes of Nevada 1993, at page 1468, is hereby amended to read as follows:
Sec. 5.020 Primary elections; declaration of candidacy.
1. Except as otherwise provided in this subsection, a candidate for any office to be voted for at an election shall file an affidavit of candidacy with the city clerk not less than 30 nor more than 40 days before the day of the primary election. A candidate for any office to be voted for at [an] a regular election held after June 1995 shall file an affidavit of candidacy with the city clerk not earlier than [January 1] the first Tuesday in March of the year in which the election is to be held nor later than 5 p.m. on the [second Tuesday in May.] first Tuesday in June. The city clerk shall charge and collect from the candidate and the candidate shall pay to the city clerk, at the time of filing the affidavit of candidacy, a filing fee of $25 for filing an affidavit of candidacy. All filing fees so collected by the city clerk must be deposited to the credit of the general fund of the city.
2. If for any general municipal election held before July 1995, there are three or more candidates for any office to be filled at that election, a primary election for any such office must be held on the Tuesday following the first Monday in May preceding the general election. If for any general municipal election there are two or fewer candidates for any office to be filled at that election, their names must not be placed on the ballot for the primary municipal election but must be placed on the ballot for the general election.
3. If for any general election held after June 1995, there are three or more candidates for any office to be filled at that election, a primary election for any such office must be held on the first Tuesday in September preceding the general election. If for any general election there are two or fewer candidates for any office to be filled at that election, their names must not be placed on the ballot for the primary election but must be placed on the ballot for the general election.
4. In the primary election:
(a) The names of the two candidates for municipal judge, city attorney, or a particular city council seat, as the case may be, who receive the highest number of votes must be placed on the ballot for the general election.
(b) Candidates for councilman who represent a specific ward must be voted upon only by the registered voters of that ward.
(c) Candidates for mayor and councilman at large must be voted upon by all registered voters of the city.
5. The mayor and all councilmen must be voted upon by all registered voters of the city at the general election.
Sec. 10. This act becomes effective upon passage and approval.