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Section 2.04. Incompatible Offices. No member of the Council shall hold any municipal office or employment through the City other than that to which elected. Further, until one (1) year after the expiration of member's term, no Mayor or Councilmember shall be appointed or employed by the City in a compensated position which was created, or the compensation for which was increased, during member's term as Mayor or Councilmember. Section 2.05. Vacancies. A vacancy in the Council, whether it be in the office of Mayor or Councilmember, shall be deemed to exist in case of the failure of any person elected thereto to qualify, or by reason of the death, resignation in writing filed with the Clerk -Administrator, removal from office, non -residence in the City, conviction of a felony of any such person after their election, or by reason of the failure of any Councilmember without good cause to attend Council meetings for a period of three (3) consecutive months. In each such case the Council shall by resolution declare the vacancy to exist. Section 2.06. The Mayor's Power and Duties. Subdivision 1. The Mayor shall preside at meetings of the Council and shall have a vote as a member. The Mayor shall be recognized as head of the City Government for all ceremonial purposes, by the courts for the purpose of serving civil process, and by the Governor for purposes of martial law. Other than for the purposes specifically stated in this paragraph, as an individual, the Mayor shall have no administrative authority. (Amended, Ord. 742, 9-27-04) Subdivision 2. Consistent with the responsibility to accept considerable leadership over the general conduct of City affairs, the Mayor may study the operations of the City Government and recommend desirable changes and improvements to the Council. The Mayor shall also deliver messages to the Council and the public, including a comprehensive message on the state of the City as soon as practicable after the beginning of each year of the Mayor's term of office. Subdivision 3. At its first meeting each year the Council shall choose an acting Mayor from the Councilmembers. The acting Mayor shall perform the duties of Mayor during the disability or absence of the Mayor, or, in case of vacancy in the office of Mayor, until a successor has been appointed and qualifies. Section 2.07. Salaries. The Mayor and Councilmembers shall receive such compensation as is fixed by the Council in accordance with state law. Any increases in such compensation shall not become effective until after the next municipal election. Other officers and employees of the City shall receive such salaries or wages as may be fixed by the Council. Section 2.08. Investigation of City Affairs. The Council may make investigations into the affairs of the City and the conduct of any City department, office or agency and for this purpose may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. The Council shall provide for an audit of the City's accounts at least once a year by the state department in charge of such work or by a certified public accountant. At any time the Council may provide for an examination or audit of the City accounts of any City officer or agency, and it may provide for any survey or research study of any subject of municipal concern. City of Mounds View — Home Rule Charter - Page 2 of 21 Revision Date 1/11/07