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2) Remaining on Appointed Board The amendment includes a list of eligible individuals who could be appointed to a vacancy from certain city commissions. The language provides that when serving on the council, the individual will retain their commission seat but shall be excused from and not participate in the commission. There should be no conflict for Charter Commission members or Parks, Rec. and Forestry Commission,but the city code criteria provides that Planning Commission members are appointed "from the resident population of the city, other than persons elected to a public body." City Code, section 33.002. Use of the phrase "elected" could be interpreted to exclude an"appointment"to the City Council. My recommendation is to have the City Council provide direction on whether it wants to allow a person to serve on the Planning Commission and on the City Council and then revise the City Code and/or request a revision to the amendment, as necessary. 3) Additional Revisions to Chapter 2 Chapter 2 of the Charter establishes the "Form of Government". The following two points are recommendations for the Charter Commission that could be considered along with revisions to Section 4.05: • Section 2.04 establishes what offices members of the council may not hold while on the council ("any municipal office or employment through the City other than that to which elected") — I recommend clarifying that appointment to an advisory board or commission is not considered an"incompatible office". • Section 2.05 describes when a vacancy occurs — I recommend amending this section to reference Section 4.05 and making appointments. 4) Mayor Duties The amendment language provides: In the case of vacancy of the mayor term the appointed person shall serve as a member of the council and the acting or vice mayor will continue to serve as mayor, for emergency powers, until the successor mayor is elected and qualifies. The Mayor is the ceremonial head of government with limited official duties. However, three official duties include that "[a] local emergency may be declared only by the mayor of a municipality ... or their legal successors"; every ordinance adopted and must be signed by the Mayor; and certain agreements binding the City are signed by the Mayor. The Acting Mayor acts as the Mayor"during the disability or absence of the Mayor or, in the case of vacancy in the office of Mayor, until a successor has been appointed and qualifies." Having a person in the office of the Mayor who is available and able to serve, but having an Acting Mayor performing official duties would, at minimum,be unique and could lead to confusion and conflict. 2