Government

The powers of municipal government in a municipality operating under the six-member council form of government are vested in a council consisting of six members, one of which is a Mayor.

The Mayor in a municipality operating under a six-member council form of municipal government is, except in limited circumstances, a nonvoting member of the council. The Mayor votes as a voting member of the council on each matter for which there is a tie vote of the other council members present at a council meeting; or when the council is voting on whether to appoint or dismiss a municipal manager; or on an ordinance that enlarges or restricts the Mayor's powers, duties, or functions. The Mayor is the chair of the council and presides at all council meetings.

The Mayor exercises ceremonial functions for the municipality, such as ribbon cuttings and municipal appearances. The Mayor may not veto an ordinance, tax levy, or appropriation passed by the council. The Mayor is the chief executive officer. This means that all employees of the municipality report to him or her. The Mayor, among other things, is required to keep the peace; enforce the laws of the municipality, and ensure that all applicable statutes and municipal ordinances, and resolutions are faithfully executed and observed.

The Mayor, with the council's advice and consent, can assign or appoint a member of the council to administer one or more departments of the municipality; and appoint a person to fill a municipal office. The powers and duties of the Mayor in a six-member council form of government can be taken from the Mayor and given to either the council or hired administrators, such as a city manager or a city administrator, by the adoption of an ordinance by the council. The vote on this ordinance must either be by the unanimous vote of the council, or the ordinance must have the vote of a majority of the council and the Mayor. In the six-member council form of government, the council is the legislative body of the city or town and exercises the legislative powers and performs the legislative duties and functions of the municipality.

This is done by either ordinance or resolution as may be appropriate. The council in a municipality operating under a six-member council form of government: can exercise executive or administrative power that has not been given to the Mayor under state law or has been given to the Mayor under state law, but has been delegated to the council by the Mayor. In addition, the council can remove from the Mayor, by an appropriately passed ordinance, the Mayor’s executive and administrative power and give it to itself or to an appointed manager or administrator. The council may not remove any of the Mayor's legislative or judicial powers or ceremonial functions, the Mayor's position as chair of the council, or any ex officio position that the Mayor holds. An ordinance removing from or reinstating to the Mayor a power, duty, or function requires the affirmative vote of the Mayor and a majority of all other council members; or all council members except the Mayor.