(HB 1169)
The commissioner form of municipal government.
Section 1. That § 9-9-2 be amended to read:
9-9-2. No person shall be eligible to nomination or election as a member of the board unless
he shall be A person may be nominated, elected, or appointed as a mayor or as a commissioner
if the person is a citizen of the United States and shall be a resident and voter and resident of
the municipality.
Section 2. That § 9-9-3 be amended to read:
9-9-3. No term of office of the members of the board including the mayor may exceed five
years as determined by ordinance The term of office of the mayor and commissioners shall be
not less than two or more than five years as determined by ordinance, except that at the first
election after the adoption of the commission form of government the mayor's term shall be for
five years and the commissioners shall determine by lot their respective be elected for staggered
terms. If the number of commissioners is four, one shall serve be elected for one year, one for
two years, one for three years, and one for four years. If the number of commissioners is two,
one shall serve be elected for two years and one for four years. At the annual election preceding
the expiration of the term of office of the mayor or any commissioner, a successor shall be
elected for a term not to exceed five years as determined by ordinance. A vacancy on the
commission shall be filled as provided in § 9-13-14.1 or 9-13-14.2.
Section 3. That § 9-9-4 be repealed.
Section 4. That § 9-9-5 be repealed.
Section 5. That § 9-9-6 be amended to read:
9-9-6. The resignation of If the mayor or any a commissioner resigns, the resignation shall
be submitted in writing to the board.
vacancy on the commission board shall be filled as provided in § 9-13-14.1 or as provided in
§ 9-13-14.2.
Section 6. That § 9-9-8 be amended to read:
9-9-8. In case If the mayor is unable to perform the duties of his office by reason of absence
or sickness, the board shall appoint by a majority vote of all members thereof one of its
members to act in his stead, whose as mayor. The appointed commissioner's official designation
shall be "acting president of the board of commissioners." The commissioner so appointed shall
be acting president is invested with all the powers and shall perform all the duties of the mayor
during such the mayor's absence or sickness. The acting president has only one vote as a
commissioner and is not entitled to vote as acting president.
Section 7. That § 9-9-9 be amended to read:
9-9-9. The board constituted of the mayor and the commissioners shall have control of
controls all departments of the first or second class municipality and to that end shall have
power to may make and enforce such rules and regulations as it may see fit and proper for the
organization, management, and operation of the departments of the municipality and of
whatever agencies any agency that may be created for the administration of its the board's
affairs.
Section 8. That § 9-9-10 be amended to read:
9-9-10. The board of commissioners shall have the power has the authority to summon and
compel the attendance of witnesses and the production of books and papers whenever if it may
be is necessary for the effective discharge of its the board's duties. All Any process necessary
to enforce the powers conferred by this section and § 9-9-9 shall be signed by the mayor and
attested by the auditor finance officer, and shall be served by its policeman a municipal law
enforcement officer or by the sheriff of the county.
Section 9. That § 9-9-11 be amended to read:
9-9-11. The board shall meet at least once every each week, or as otherwise determined by
ordinance, in regular meeting at such a time and place as shall be fixed by the board, at the city
hall or other designated place, to consider, take under advisement, and act upon such on the
business as may come before it the board.
Section 10. That § 9-9-12 be amended to read:
9-9-12. Special meetings A special meeting may be called by the mayor or by any two
commissioners at any time, to consider only such matters as shall be only consider the matter
mentioned in the call for such the meeting by written notice thereof given to each member of
the board then in the first or second class municipality. A notice of a special meeting shall be
given pursuant to § 1-25-1.1 and shall be provided to each commissioner.
Section 11. That § 9-9-13 be amended to read:
9-9-13. All sessions of the board shall be open to the public.
Section 12. That § 9-9-14 be amended to read:
9-9-14. A majority of the board shall constitute constitutes a quorum for the transaction of
all business, but a less number may adjourn from time to time and to do business. If a seat on
the board is vacant due to removal, resignation, death, or by operation of law, the quorum
consists of the majority of the remaining commissioners who are qualified to serve by election
or appointment pursuant to chapter 9-13. The board may compel the attendance of absentees any
absentee under such penalties as may be prescribed by ordinance.
Section 13. That chapter 9-9 be amended by adding a NEW SECTION to read:
Section 14. That § 9-9-15 be repealed.
Section 15. That § 9-9-16 be amended to read:
9-9-16. The yeas and nays shall be taken upon the passage of all ordinances and upon any
proposals to create a liability against the first or second class municipality or for the expenditure
or appropriation of its money, each ordinance and for any proposal to expend or appropriate
money and in all any other cases case at the request of any member, and commissioner. Each
vote shall be entered on the journal of its the board's proceedings. A two-thirds vote of the board
is required to sell any municipal real property.
Section 16. That § 9-9-17 be repealed.
Section 17. That § 9-9-18 be amended to read:
9-9-18. In a municipality governed by a board of five commissioners, the commissioners
shall designate by a majority vote one member who shall be known as commissioner to be the
" commissioner of public safety commissioner,", one who shall be known as commissioner to
be the "commissioner of public works," one who shall be known as commissioner to be the "
commissioner of utilities commissioner,", and one who shall be known as commissioner to be
the "commissioner of finance and revenue."
Section 18. That § 9-9-19 be amended to read:
9-9-19. In municipalities In any municipality governed by a board consisting of five
members commissioners, the mayor and the commissioners shall have the powers and duties
described in §§ 9-9-20 to 9-9-24, inclusive. In addition, each commissioner shall supervise any
other department assigned or apportioned by resolution of the governing board, adopted by a
majority vote at the first meeting of the board in the month following the election year. Each
commissioner is in charge of the apparatus, personnel, and personal property used by
departments under that commissioner's supervision.
Section 19. That § 9-9-20 be amended to read:
9-9-20. In a If any municipality is governed by a board consisting of five members
commissioners, the mayor shall have and may exercise all the powers and perform all the duties
provided by the laws of this state or the ordinances of the municipality not in conflict therewith.
He shall be with the laws of the state. The mayor is the chief executive officer of the
municipality, shall preside presides at all meetings of the board, and shall have has general
supervision over all departments and officers. In the absence or inability of a commissioner he,
the mayor shall temporarily take charge of the department of such that commissioner. He The
mayor shall see that enforce all the laws of the municipality are enforced and require that the
conditions of the grant of any franchise or privilege are faithfully complied with and performed.
He The mayor shall grant all licenses or permits, except as such are required by ordinance to be
granted by the board or by some other department or officer. He The mayor shall have under his
special charge the supervision of all supervise each public buildings building of the municipality
and of all each city parks park except in municipalities having any municipality that has a park
board, and the lighting of the streets, alleys, and public buildings of the municipality. He The
mayor shall annually and from time to time give the board information relative to the affairs of
the municipality and shall recommend for its the board's consideration such measures as he may
deem any measure the mayor deems expedient.
Section 20. That § 9-9-21 be amended to read:
9-9-21. In a If any municipality is governed by a board consisting of five members
commissioners, the commissioner of public safety commissioner shall supervise the
enforcement of all police regulations of the municipality and general supervision of the police
and fire departments and their the departments' officers and employees. The public safety
commissioner shall supervise employees and all other departments assigned or apportioned by
resolution of the governing board, adopted by a majority thereof at the first meeting of the board
in the month following the election each year. The public safety commissioner shall have charge
of all apparatus and personal property used by these departments. The commissioner of public
safety commissioner shall also have is also in charge of the municipal pound and supervision
of the public weigher and measurer animal control within the municipality, including animal
impoundments and shelter.
Section 21. That § 9-9-22 be amended to read:
Section 22. That § 9-9-23 be amended to read:
9-9-23. In If a municipality is governed by a board consisting of five members
commissioners, the commissioner of utilities commissioner shall supervise the construction,
maintenance, and operation of the waterworks, sewerage, and any other utility departments of
the municipality. The utilities commissioner shall supervise all other departments assigned or
apportioned by resolution of the governing board, adopted by a majority thereof at the first
meeting of the board in the month following the election each year. The commissioner of
utilities commissioner shall enforce all regulations with respect to that department and its
revenue.
Section 23. That § 9-9-24 be amended to read:
9-9-24. In If a municipality is governed by a board consisting of five members
commissioners, the commissioner of finance and revenue shall enforce all laws for the
assessment and collection of taxes of every kind and collection of all revenues belonging to the
municipality from whatever source derived. The finance and revenue commissioner shall
examine into and keep the board informed on the finances of the municipality and its assets and
property. The finance and revenue commissioner shall also supervise all other departments
assigned or apportioned by resolution of the governing board, adopted by a majority thereof at
the first meeting of the board in the month following the election each year.
Section 24. That § 9-9-25 be amended to read:
9-9-25. In municipalities If a municipality is governed by a board consisting of three
members commissioners, the mayor and commissioners shall have the powers and duties
described in §§ 9-9-26 and 9-9-27.
Section 25. That § 9-9-26 be amended to read:
9-9-26. In If a municipality is governed by a board consisting of three members
commissioners, the mayor shall have the same powers and duties as the mayor in a municipality
governed by a board consisting of five members except as to the city parks and the lighting of
the streets, alleys, and public buildings of the municipality. In addition he shall have under his
special charge the supervision of the police and fire departments, the public health department,
and all matters relating to the public welfare of the municipality exercise all the powers and
perform all the duties provided by the laws of this state or the ordinances of the municipality not
in conflict with state law. The mayor shall be the chief executive officer of the municipality,
shall preside at all meetings of the board, and has general supervision over all departments and
officers. In the absence or inability of a commissioner, the mayor shall temporarily take charge
of the department of the commissioner. The mayor shall see that all the laws of the municipality
are enforced and that the conditions of the grant of any franchise or privilege are faithfully
complied with and performed. The mayor shall grant all licenses or permits, except as required
by ordinance to be granted by the board or by some other department or officer.
Section 26. That § 9-9-27 be amended to read:
9-9-27. In If a municipality is governed by a board consisting of three members
commissioners, all matters relating to public parks, except in municipalities having a park
board, streets, alleys, and public grounds, the sanitary condition thereof, property in connection
therewith, and the lighting thereof; the construction, maintenance, and operation of sewers; the
finances and revenues and the collection thereof; the assessment and collection of all taxes; the
appropriation of all moneys; the general finances and accounting systems of the municipality;
and all other matters relating to the management of the affairs of the municipality not
specifically assigned as duties of the mayor under § 9-9-26 not designated to the mayor shall be
assigned or apportioned as equally as may be between the members commissioners by resolution
of the board adopted by a majority thereof vote at the first meeting of the board in the month
following the election each year.