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