City of
WAYNE,
NEBRASKA
Chapter 2 ADMINISTRATION*
__________
*Cross references: The administrative ordinances or
resolutions of the city not in conflict or inconsistent with the provisions of
this Code saved from repeal, § 1-10(13); civil service, ch. 26; elections, ch.
30; law enforcement, ch. 50; library, ch. 54; offenses against governmental
function, § 58-171 et seq.; administration and enforcement of subdivision
regulations, § 74-5; utilities, ch. 82; administrative procedure and enforcement
of zoning regulations, § 90-881 et seq.
State law
references: Cities of the
first class, R.R.S. 1943, § 16-101 et seq.
__________
Article
I. In General
Sec. 2-1. Corporate existence.
Sec. 2-2. Service of process.
Sec. 2-3. Powers.
Sec. 2-4. Codification of ordinances.
Sec. 2-5. Emergency management act.
Sec. 2-6. Eminent domain.
Sec. 2-7. Official corporate seal.
Secs.
2-8--2-40. Reserved.
Article II. Council
Division
1. Generally
Sec. 2-41. Qualifications.
Sec. 2-42. Other offices prohibited.
Sec. 2-43. Vacancies.
Sec. 2-44. Enumerated.
Sec. 2-45. Mayor.
Sec. 2-46. Acting president.
Sec. 2-47. Selection and duties.
Sec. 2-48. Organization.
Sec. 2-49. Bonds of councilmembers.
Sec. 2-50. Restrictions on other employment or elective
office.
Secs.
2-51--2-70. Reserved.
Division
2. Meetings
Sec. 2-71. Public.
Sec. 2-72. Definitions.
Sec. 2-73. Regular meeting.
Sec. 2-74. Quorum.
Sec. 2-75. Witnesses.
Sec. 2-76. Order of business.
Sec. 2-77. Rules of conduct.
Sec. 2-78. Notice; contents; procedure.
Sec. 2-79. Change in office.
Sec. 2-80. Votes.
Sec. 2-81. Emergency meetings.
Sec. 2-82. Public participation.
Sec. 2-83. Closed sessions.
Sec. 2-84. Special meetings.
Secs.
2-85--2-110. Reserved.
Division
3. Ordinances
Sec.
2-111. Grant of power.
Sec.
2-112. Rules and regulations.
Sec.
2-113. Appropriation of money.
Sec.
2-114. Reading.
Sec.
2-115. Publication or posting.
Sec.
2-116. Style.
Sec.
2-117. Title.
Sec.
2-118. Emergency ordinances.
Sec.
2-119. Amendments and revisions.
Sec.
2-120. Introduction.
Sec.
2-121. Resolutions and motions.
Secs.
2-122--2-150. Reserved.
Article
III. Officers and Employees
Division
1. Generally
Sec.
2-151. Property.
Sec.
2-152. Charges against.
Sec.
2-153. Employment of family member;
when; exception.
Sec.
2-154. Bonds required.
Sec.
2-155. Oath.
Secs.
2-156--2-180. Reserved.
Division
2. Appointed Officials
Sec.
2-181. Enumerated.
Sec.
2-182. Term of office.
Sec.
2-183. Creation of office.
Sec.
2-184. Merger of offices.
Sec.
2-185. Duties prescribed.
Sec.
2-186. Reports.
Sec.
2-187. City attorney.
Sec.
2-188. Special counsel.
Sec.
2-189. City treasurer.
Sec.
2-190. City treasurer's duties.
Sec.
2-191. City treasurer's books.
Sec.
2-192. City treasurer's annual report.
Sec.
2-193. City treasurer, city clerk;
safety deposit box.
Sec.
2-194. City clerk.
Sec.
2-195. Publication of claims.
Sec.
2-196. City engineer.
Sec.
2-197. Special engineer.
Sec.
2-198. City physician.
Sec.
2-199. Chief of police.
Sec.
2-200. Public works superintendent.
Sec.
2-201. Building inspector.
Sec.
2-202. Fire chief.
Sec.
2-203. Coordinator of senior citizens
center.
Sec.
2-204. Director of emergency
management.
Sec.
2-205. Director of recreation-leisure services.
Sec.
2-206. City administrator.
Secs.
2-207--2-230. Reserved.
Division
3. Compensation
Sec.
2-231. Adoption of schedule.
Sec.
2-232. Change in salary.
Sec.
2-233. Extra compensation prohibited;
exception.
Secs.
2-234--2-260. Reserved.
Division 4. Conflict of Interest
Sec.
2-261. Definitions.
Sec.
2-262. Prohibited.
Sec.
2-263. Exceptions.
Sec.
2-264. Competitive bidding.
Sec.
2-265. Records.
Sec.
2-266. Open account.
Secs.
2-267--2-290. Reserved.
Division
5. Retirement and Pension
Sec.
2-291. Police department.
Sec.
2-292. Police department retirement committee.
Secs.
2-293--2-320. Reserved.
Article
IV. Boards, Commissions and Committees
Division
1. Generally
Secs. 2-321--2-340. Reserved.
Division
2. Board of Adjustment
Sec.
2-341. Members; terms; vacancy; rules;
meetings; records; appeals.
Secs.
2-342--2-360. Reserved.
Division
3. Airport Authority
Sec.
2-361. Airport authority.
Secs. 2-362--2-380. Reserved.
Division
4. Board of Health
Sec.
2-381. Board of health.
Secs.
2-382--2-400. Reserved.
Division
5. Housing Authority
Sec.
2-401. Housing authority.
Secs.
2-402--2-440. Reserved.
Division
6. Planning Commission
Sec.
2-441. Members.
Sec.
2-442. Organization; meeting; rules;
records.
Sec.
2-443. Purpose and duties.
Secs.
2-444--2-470. Reserved.
Division 7. Recreation-Leisure Services Commission
Sec.
2-471. Recreation-leisure services
commission.
Secs.
2-472--2-510. Reserved.
Article
V. Finance
Sec.
2-511. Intergovernmental risk
management; authority.
Sec. 2-512. Financial statement.
Sec.
2-513. Filing budget statement.
Sec.
2-514. Proposed budget statement;
hearing; adoption; certification of amount to be received from taxation.
Sec.
2-515. Statement for reimbursement of
property taxes; budget statement; final adjusted valuation; levy.
Sec.
2-516. Annual audit; financial
statements.
Sec.
2-517. Advisory audit committee.
Sec.
2-518. Property tax.
Sec.
2-519. Appropriation.
Sec.
2-520. Expenditures; limitations.
Sec.
2-521. Judgment.
Sec.
2-522. Unlawful transfers.
Sec.
2-523. Lawful transfer of funds.
Sec.
2-524. Insufficient funds.
Sec.
2-525. Sinking funds.
Sec.
2-526. Depositories.
Sec.
2-527. Certificates of deposit; time
deposits; security required.
Sec.
2-528. Depository bond.
Sec.
2-529. Depository securities.
Sec.
2-530. Maximum deposits.
Sec.
2-531. Investment of funds.
Sec.
2-532. Claims and accounts payable;
filing; requirements; disallowance; notice; costs.
Sec.
2-533. Claims; audits.
Sec.
2-534. Warrants.
Sec.
2-535. Contracts; appropriation.
Sec.
2-536. Contract vote.
Sec.
2-537. Contracts and purchases; bidding
and other requirements.
Sec.
2-538. Motor vehicle tax.
The city is hereby found
and declared to be a city of more than 5,000 persons. The city shall be
governed by the laws of the state regulating cities of the first class.
(Code 1974, § 1-101)
State law
references: Cities of the
first class defined, R.R.S. 1943, § 16-101.
All process affecting
the city may be served by personal, residence or certified mail service upon
the chief executive official or the city clerk.
(Code 1974, § 1-102)
State law
references: Service of
process, R.R.S. 1943, § 16-115.
The city is a body
corporate and politic. It shall have the power to:
(1) Sue and be sued;
(2) Purchase, lease and lease with option to buy;
(3) Acquire property by gift or devise;
(4) Hold real and personal property within or
without the limits of the city, and real estate sold to satisfy unpaid tax
obligations for the use of the city in such manner and upon such terms and
conditions as may be deemed in the best interests of the city;
(5) Sell, exchange or lease any personal or real
property owned by the city, including park land, in such manner and upon such
terms and conditions as may be deemed in the best interests of the city;
provided that real estate owned by the city may be conveyed without
consideration to the state or to the state armory board for state armory sites,
or if acquired for state armory sites, shall be conveyed in the manner strictly
as provided in R.R.S. 1943, §§ 18-1001--18-1006;
(6) Make all contracts and do all other acts in
relation to the concerns of the city as may be necessary in the exercise of its
corporate powers; and
(7) Exercise such other and further powers as may
be conferred by law.
(Code 1974, § 1-103)
State law references: Similar
provisions, R.R.S. 1943, §16-201.
Sec. 2-4. Codification of Ordinances. (return
to Ch. 2)
The City
shall have the power to revise the ordinances of the city and publish them in
book form. The revision shall be
evidenced by a general codification ordinance which shall repeal all other
ordinances in conflict and embrace as the governing law of the city all
provisions in the revision. All
ordinances in force at the time of the codification shall continue in force for
the purpose of all rights acquired, fines, penalties, forfeitures, and
liabilities incurred.
(Code
1974, § 1-104)
State law references: Similar
provisions, R.R.S. 1943, § 16-247.
Sec. 2-5. Emergency management act. (return
to Ch. 2)
The
Nebraska Emergency Management Act as it now exists or may hereafter be amended
to provide is adopted as part of this Code, as if set out in full in this Code.
(Code
1974, § 1-104)
State law references: Nebraska
Emergency Management Act, R.R.S. 1943, § 81-839.36 et seq.
Sec. 2-6. Eminent domain. (return
to Ch. 2)
The
council may, after negotiations in good faith have failed, bring condemnation
actions for the acquisition of property within the city or without the city as
provided by law. Such procedure shall be
prescribed by state law, and damages shall be paid.
(Code
1974, § 1-106)
State law references: Authority for
eminent domain, R.R.S. 1943, § 19-709.
Sec. 2-7. Official corporate seal. (return
to Ch. 2)
The official corporate seal of the city shall be kept
in the office of the city clerk and shall bear the following inscription: "Seal, City of Wayne, Nebraska, Incorporated
February 2, 1884." The city clerk shall
affix an impression of the official seal to all warrants, licenses, permits,
ordinances, and all other official papers issued by order of the council and
countersigned by the city clerk.
(Code
1974, § 1-801)
State law references: Corporate seal, R.R.S. 1943, § 16-115.
Secs. 2-8--2-40.
Reserved. (return
to Ch. 2)
ARTICLE II. COUNCIL* (return
to Ch. 2)
__________
*Cross references: Elections, ch. 30.
State law references: Council and proceedings, R.R.S. 1943, § 16-401
et seq.
__________
DIVISION
1. GENERALLY (return to Ch. 2)
Sec. 2-41. Qualifications. (return
to Ch. 2)
All elected officers shall be
registered voters of the city.
(Code
1974, § 1-201)
State law references: Similar provisions, R.R.S. 1943, §
16-311.
Sec.
2-42. Other offices prohibited.
(return to Ch. 2)
No elected officer of the city shall hold any county
office nor shall he be appointed to any other office created by the
council. The acceptance of any county
office by any such elective city officer shall be a vacation of the city office
so held prior to such acceptance.
(Code
1974, § 1-202)
State law references: Similar provisions, R.R.S. 1943, § 16-305.
Sec.
2-43. Vacancies (return
to Ch. 2)
(a) Every
elective office shall be vacant upon the happening of any of the events
specified in R.R.S. 1943, § 32-560.
(b) Any
vacancy in the office of mayor shall be filled as otherwise provided by state
statute. Any vacancy on the council
resulting from causes other than expiration of the term shall be filled by
appointment by the mayor with the consent of the council to hold office for the
remainder of the term.
(c) Except
as otherwise provided in subsection (b), (e), or (f) of this section, vacancies
in city elected offices shall be filled by the council for the balance of the
unexpired term. Notice of a vacancy,
except a vacancy resulting from the death of the incumbent, shall be in writing
and presented to the council at a regular or special meeting and shall appear
as a part of the minutes of such meeting.
The council shall at once give public notice of the vacancy by causing
to be published in a newspaper of general circulation within the city or by
posting in three public places in the city the office vacated and the length of
the unexpired term.
(d) The
mayor shall, within four weeks after the meeting at which such notice of
vacancy has been presented or upon the death of the incumbent, call a special
meeting of the council or place the issue of filling such vacancy on the agenda
at the next regular meeting at which time the mayor shall submit the name of a
qualified registered voter to fill the vacancy for the balance of the unexpired
term. The council shall vote upon such
nominee, and if a majority votes in favor of such nominee, the vacancy shall be
declared filled. If a nominee fails to
receive a majority of the votes, the nomination shall be rejected and the mayor
shall, at the next regular or special meeting, submit the name of another
qualified registered voter to fill the vacancy. If the subsequent nominee fails to receive a majority of the
votes, the mayor shall continue at such meeting to submit the names of qualified
registered voters in nomination and the council shall continue to vote upon
such nominations until the vacancy is filled.
The mayor shall cast his vote for or against the nominee in case of a
tie vote of the council. All
councilmembers present shall cast a ballot for or against the nominee. Any member of the council who has been
appointed to fill a vacancy on the council shall have the same rights,
including voting, as if such person were elected.
(e) The
council may, in lieu of filling a vacancy in a city elected office as provided
in subsections (b) through (d) of this section, call a special city election to
fill such vacancy.
(f) If
vacancies exist in the offices of a majority of the members of the council, the
secretary of state shall conduct a special city election to fill such
vacancies.
(g) No
official who is removed at a recall election or resigns after the initiation of
the recall process shall be appointed to fill the vacancy resulting from his
removal or the removal of any other member of the council during the remainder
of his term of office.
(Code 1974, § 1-203)
State law
references: Similar provisions,
R.R.S. 1943, §§ 16-217, 32-560--32-572, 32-1308.
Sec.
2-44. Enumerated. (return
to Ch. 2)
The elections of the city shall
elect the mayor and the councilmembers under and according to the laws of the
state.
(Code
1974, § 1-204)
State law references: Election of officers, qualifications,
R.R.S. 1943, § 16-302.01.
Sec.
2-45. Mayor. (return
to Ch. 2)
The mayor shall be elected to serve a four-year term
of office. The mayor shall preside at
all meetings of the council and shall have the right to vote on any matter when
his vote will provide the additional vote required to create a number of votes
equal to a majority of the number of members elected to the council. He shall have the superintending control of
all the officers and affairs of the city and shall take care that the state and
city law are complied with. He may administer
oaths and shall sign the commissions and appointments of all the officers
appointed in the city. The mayor shall
have the power to approve or veto any ordinance passed by the council and to
approve or veto any order, bylaw, resolution, award of or vote to enter into
any contract, or the allowance of any claim; provided that any ordinance,
order, bylaw, resolution, award or vote to enter into any contract, or the
allowance of any claim vetoed by the mayor may be passed over his veto by a
vote of two-thirds of all the members elected to the council. If the mayor neglects or refuses to sign any
ordinance, order, bylaw, resolution, award, or vote to enter into any contract,
or the allowance of any claim, and returns it with his objection in writing at
the next regular meeting of the council, it shall become law without his
signature. The mayor may veto any item
of any of any appropriation bill and approve the remainder. The item so vetoed may be passed by the
council over his veto as in other cases.
The mayor shall communicate to the council such information and
recommend such measures as in his opinion may tend to improve the city, and may
have such jurisdiction as may be vested in him by ordinance over all places
within two miles of the corporate limits of the city for the enforcement of
health or quarantine laws and their regulation. The mayor shall have the power after the conviction of any person
to remit fines and forfeitures, and to grant reprieves and pardons for all
offenses arising under the laws of the city.
If there is a vacancy in the office of mayor, or if the mayor is absent
or unable to fulfill the duties and obligations of his office, the president of
the council shall exercise the powers and duties of the office until the
vacancy shall be filled, such disability is removed, or in the case of
temporary absence until the mayor returns.
(Code
1974, § 1-205)
State law references: Similar provisions, R.R.S. 1943, §§
16-312--16-316.
Sec.
2-46. Acting president. (return
to Ch. 2)
The council shall elect one of its
own body each year who shall be styled the president of the council, and who
shall preside at all meetings of the council in the absence of the mayor. In the absence of both the mayor and the president
of the council, the council shall elect one of its own body to occupy his place
temporarily, who shall be styled acting president of the council. Both the president of the council and the
acting president of the council, when occupying the position of the mayor,
shall have the same privileges as the other members of the council; and all
acts of the president of the council, or acting president of the council, while
so acting, shall be as binding upon the council, and upon the city as if done
by the elected mayor.
(Code
1974, § 1-206)
State law references: Similar provisions, R.R.S. 1943, §16-402.
Sec.
2-47. Selection and duties. (return
to Ch. 2)
Each member of the council shall be elected and serve
a four-year term. One councilmember
from each ward shall be elected at each election, so that terms are
staggered. The council shall be the
legislative division of the city government and shall perform such duties and
have such powers as may be authorized by law.
The council shall maintain the peace, regulate business, protect the
public health and safety, asses such taxes and fees as are necessary, and
appropriate funds in the exercise of these functions.
(Code
1974, § 1-207)
State law references: Election of officers, R.R.S. 1943, § 16-302.01.
Councilmembers shall
take office and commence their duties on the first regular meeting of the
council in December following their election. The newly elected councilmembers
who have qualified as prescribed by law, together with the members of the
council holding over, shall assemble in a regular meeting at the hour and place
of the first regular council meeting in December following the election and perfect
the reorganization of the council as provided in this article; and all
appointive offices in which the terms of incumbents are expired shall be filled
by appointment. After the meeting has been called to order, the city clerk
shall report to the council the names of all councilmembers-elect who have
qualified for their respective offices; and this report shall be spread upon
the minutes of the meeting preceding any roll call.
(Code 1974, § 1-208)
State law
references: Similar
provisions, R.R.S. 1943, § 16-302.01.
Each councilmember,
before entering upon the duties of office, shall be required to give bond to
the city with a responsible surety company in the sum of $1,000.00. This bond
shall be conditioned on the faithful discharge of the duties of the
councilmember. The bond will be further conditioned that if the councilmember
shall vote for any expenditure or appropriation of money or create any
liability in excess of the amount allowed by law, the councilmember and the
sureties signing the bond shall be liable on the bond. The bond shall be filed
with the city clerk and approved by the mayor, and upon the approval the city
may pay the premium for such bond. Any liability sought to be incurred, or debt
created in excess of the amount limited or authorized by law, shall be taken
and held by any court of the state as the joint and several liability of the
councilmember voting for and the mayor approving the liability or debt. Any
such liability or debt shall not be an obligation upon the city. Voting for or
approving of such liability or debt shall be conclusive evidence of malfeasance
in office, for which such councilmember or mayor may be removed from office.
(Code 1974, § 1-701)
State law
references: Bonds of
councilmembers, R.R.S. 1943, § 16-304.
(a) The mayor and members of the council
shall hold no other elective or appointive office or employment with the city.
(b) For purposes of this section, the term
"elective office" means any office which has candidates nominated or
elected at the time of a statewide primary election, any office which has
candidates nominated at the time of a statewide primary election and elected at
the time of a statewide general election, any office which has candidates
elected at the time of a statewide general election, any office which has
candidates nominated or elected at a city or village election, and any office
created by an act of the legislature which has candidates elected at an
election and includes an office which is filled at an election held in
conjunction with the annual meeting of a public body created by an act of the
legislature; and the term "high elective office" means a member of
the legislature, an elective office described in article IV, section 1 or 20,
or article VII, section 3 or 10, of the state constitution, or a county, city,
or school district elective office.
(c) No candidate for member of the
legislature or an elective office described in article IV, section 1 or 20, or
article VII, section 3 or 10, of the state constitution shall be eligible to
file as a candidate, to petition on the ballot as a candidate, to accept a
nomination by a political party or by party convention, caucus, or committee to
fill a vacancy, or to be a declared write-in candidate for more than one
elective office to be filled at the same election except for the position of
delegate to a county, state, or national political party convention. No
candidate for any other high elective office shall be eligible to file as a
candidate, to petition on the ballot as a candidate, to accept a nomination by
a political party or by party convention, caucus, or committee to fill a
vacancy, or to be declared a write-in candidate for more than one high elective
office to be filled at the same election.
(d) Except as provided in subsection (e) or
(g) of this section, no person shall be precluded from being elected or
appointed to or holding an elective office for the reason that he has been
elected or appointed to or holds another elective office.
(e) No person serving as a member of the
legislature or in an elective office described in article IV, section 1 or 20,
or article VII, section 3 or 10, of the state constitution shall simultaneously
serve in any other elective office, except that such a person may
simultaneously serve in another elective office which is filled at an election
held in conjunction with the annual meeting of a public body.
(f) Whenever an incumbent serving as a
member of the legislature or in an elective office described in article IV,
section 1 or 20, or article VII, section 3 or 10, of the state constitution
assumes another elective office, except an elective office filled at an
election held in conjunction with the annual meeting of a public body, the
office first held by the incumbent shall be deemed vacant.
(g) No person serving in a high elective
office shall simultaneously serve in any other high elective office.
(h) Notwithstanding subsections (e)
through (g) of this section, any person holding more than one high elective
office upon September 13, 1997, shall be entitled to serve the remainder of all
terms for which he was elected or appointed.
State law
references: Similar
provisions, R.R.S. 1943, §§ 16-305, 32-109, 32-603, 32-604.
Secs. 2-51--2-70.
Reserved. (return
to Ch. 2)
__________
*State law
references: Public
meetings, R.R.S. 1943, § 84-1408 et seq.
__________
All public meetings as
defined by law shall be held in a city public building which shall be open to
attendance by the public. All meetings shall be held in the public building in
which the council usually holds such meetings unless the publicized notice
shall designate some other public building or other specified place. The
advance publicized notice of all public convened meetings shall be
simultaneously transmitted to all members of the council and to the public by a
method designated by the council or by the mayor if the council has not
designated a method. Such notice shall contain the time and specific place for
each meeting and either an enumeration of the agenda subjects known at the time
of the notice or a statement that such an agenda kept continually current shall
be readily available for public inspection at the office of the city clerk.
Except for items of an emergency nature, the agenda shall not be altered later
than 24 hours before the scheduled commencement of the meeting or 48 hours
before the scheduled commencement of the meeting of the council scheduled
outside the corporate limits of the city. The council shall have the right to
modify the agenda to include items of an emergency nature only, at such public
meetings. The minutes of the city clerk shall include the record of the manner
and advance time by which the advance publicized notice was given, a statement
of how the availability of an agenda of the then known subjects was
communicated, the time and specific place of the meetings, and the names of
each member of the council present or absent at each convened meeting. The minutes
of the council shall be a public record open to inspection by the public upon
request at any reasonable time at the office of the city clerk. Any official
action on any question or motion duly moved and seconded shall be taken only by
roll call vote of the council in open session. The record of the city clerk
shall show how each member voted, or that the member was absent and did not
vote.
(Code 1974, § 1-501)
State law
references: Similar
provisions, R.R.S. 1943, § 84-1411.
(a) The following words, terms and phrases,
when used in this article, shall have the meanings ascribed to them in this
section, except where the context clearly indicates a different meaning:
Meetings means all regular, special or called
meetings, formal or informal, of a public body for the purposes of briefing,
discussion of public business, formation of tentative policy, or the taking of
any action.
Public body means:
(1) The council;
(2) All independent boards, commissions, bureaus,
committees, councils, subunits, certificate of need appeal panels, or any other
bodies, now or hereafter created by constitution, statute, or otherwise
pursuant to law; and
(3) Advisory committees of these bodies.
(b) This article shall not apply to
subcommittees of such bodies unless such subcommittees are holding hearings,
making policy or taking formal action on behalf of their parent body.
(Code 1974, §§
1-501.01, 1-501.02)
Cross references:
Definitions generally,
§ 1-2.
State law
references: Similar
definitions, R.R.S. 1943, § 84-1409.
The meetings of the
Council shall be held in the Council Chambers located in City Hall at 306 Pearl
Street, Wayne, Nebraska. Regular
meetings shall be held on the first and third Tuesdays of each month at the
hour as designated in the advanced publicized notice of such meeting; however,
if the regular Tuesday meeting is a holiday, or other conflicting date, the
regular meeting shall be held on the preceding Monday or subsequent Wednesday
or Thursday. At all meetings of the
Council, a majority of the Councilmembers shall constitute a quorum to do
business.
(Code 1974, § 1-502;
Ord. No. 2007-4, §, 6-12-2007)
State law references:
Similar provisions,
R.R.S. 1943, § 16-401.
A majority of all
members elected to the council shall constitute a quorum for the transaction of
business, but a less number may adjourn and compel the attendance of the absent
members. An affirmative vote of not less than half of the elected members shall
be required for the transaction of any business. At the hour appointed for the
meeting, the city clerk shall proceed to call the roll of members and announce
whether a quorum is present. If a quorum is present, the council shall be
called to order by the mayor, if present, or if absent, by the president of the
council. In the absence of both the mayor and the president of the council, the
councilmembers shall elect a president pro tempore.
(Code 1974, §
1-502.01)
State law
references: Similar
provisions, R.R.S. 1943, § 16-401.
The council or any
committee of its members shall have power to compel the attendance of witnesses
for the investigation of matters that may come before them. The presiding
officer of the council, or chairman of such committee for the time being, may
administer such requisite oaths. The council or committee shall have the same
authority to compel the giving of testimony as is conferred on courts of
justice.
(Code 1974, § 1-503)
State law
references: Similar
provisions, R.R.S. 1943, § 16-406.
All meetings of the
council shall be called to order by the presiding officer at the time set for
the meeting, whereupon the clerk shall call the roll of councilmembers; and if
there is a quorum present, the council shall proceed to business generally in
the order prescribed by the official agenda in the office of the city clerk.
(Code 1974, § 1-504)
The business and
proceedings of the meeting of the council shall be conducted in accordance with
the following rules:
(1) The presiding officer may refer back to any
order of business after passing it if there is no objection from any
councilmember.
(2) The presiding officer shall preserve order at
all meetings; and when any councilmember is called to order, he shall be seated
until the point is decided. All questions of order shall be decided by the
presiding officer, subject to appeal to the council. In such appeal, a
councilmember shall state briefly what, in his opinion, the ruling should have
been and upon this appeal's being seconded, the question of the appeal shall be
put by the presiding officer.
(3) When a question is being put by the presiding
officer, no councilmember shall leave the council chambers.
(4) Every councilmember shall rise from his seat
prior to speaking and address the presiding officer, who shall designate the
councilmember to speak if more than one shall rise at the same time.
(5) Upon request of any councilmember, any motion
or resolution shall be reduced to writing before being acted upon.
(6) Every councilmember shall vote on each question
put by the presiding officer unless excused from doing so by a majority of the
council present.
(7) No motion shall be put or discussed until it
has been seconded.
(8) The minutes of the meeting shall show the
councilmember who offered or introduced a motion, resolution or ordinance and
the seconding councilmember.
(9) The yeas and nays upon any question shall be
taken and entered on the minutes on request of any councilmember.
(10) The council may reprimand or censure any of its
members for improper behavior as a councilmember.
(11) Any resolution, ordinance or motion may be
withdrawn by its introducer or mover with consent of the seconding councilmember
before it is voted upon.
(12) Motions to reconsider may only be made by a
councilmember who voted with the majority.
(13) The presiding officer may reasonably limit the
time during which any person not a member of the council may address a council
meeting.
(14) The presiding officer may express his opinion
on any subject being discussed or debated by the council.
(15) The rules may be suspended on the affirmative
vote of five members of the council.
(Code 1974, § 1-505)
Sec. 2-78.
Notice; contents; procedure. (return to Ch. 2)
Reasonable advanced
publicized notice of the time and place of each meeting of the council shall be
given as follows:
(1) Such notice shall be given to any newspaper
published within the city in sufficient time so that the notice may be printed
in the last issue of the newspaper immediately preceding the meeting.
(2) Such notice shall contain a statement that the
agenda for the meeting, which shall be kept continually current, shall be
available for public inspection at the principal office of the city during
normal business hours.
(3) An agenda for subjects known shall be posted on
the front door of the City Hall, 306 Pearl Street, Wayne, Nebraska, at least
three days prior to each meeting.
(4) An agenda of subjects known shall be
transmitted to all members of the council at least three days prior to each
meeting.
(5) Except for items of an emergency nature, the
agenda shall not be amended or modified later than 24 hours before the
scheduled commencement of the meeting. The council shall have the right to
modify the agenda to include items of an emergency nature at such public
meeting.
(6) The city clerk shall maintain a list of the
news media requesting notification of meetings and shall make reasonable efforts
to provide advance notification to them of the time and place of each meeting
and the subjects to be discussed at that meeting.
(7) The minutes of every meeting shall reflect that
the notice has been given.
(8) When it is necessary to hold an emergency
meeting without reasonable advance notice, the city shall comply with the
provisions of section 2-83.
(9) This section shall apply to all boards and
agencies of the city.
(Code 1974, § 1-507)
The council shall meet
at the first regular council meeting in December in each year following the
city election, and the outgoing officers and the outgoing members of the
council shall present their reports. The outgoing members of the council shall
surrender their offices after their successors have qualified. Each outgoing
appointee shall surrender to his successor in office all property, records,
papers and moneys belonging to the office. The outgoing council shall adjourn
sine die. The newly elected council shall then convene and proceed to organize
itself for the ensuing year. The mayor shall call the meeting to order. The new
council shall then proceed to examine the credentials of their members and
other elective officers of the city to see that each has been duly and properly
elected and to see that such oaths and bonds have been given as required. The
council shall then elect one of its own body to be president of the council.
The mayor shall then nominate his candidates for appointive offices, board
members, and other city employee positions. Such officials and employees, when
approved by the council, shall hold office until their successors are duly
appointed and qualified. The mayor shall then proceed with the regular order of
business. It shall be the duty of all members of the council and other elective
officials to qualify prior to the first regular council meeting in December
following their election. All appointive officers shall qualify within two
weeks following their appointment.
(Code 1974, § 1-508)
(a) Any action taken on any question or
motion duly moved and seconded shall be by roll call vote of the public body in
open session, and the record shall state how each member voted or if the member
was absent or not voting. The requirements of a roll call or viva voce vote
shall be satisfied by the city's utilizing an electronic voting device which
allows the yeas and nays of each member of the council to be readily seen by
the public.
(b) The vote to elect leadership within a
public body may be taken by secret ballot, but the total number of votes for
each candidate shall be recorded in the minutes.
(Code 1974, § 1-510)
When it is necessary to
hold an emergency meeting without reasonable advance public notice, the nature
of the emergency shall be stated in the minutes; and any formal action taken in
such meeting shall pertain only to the emergency. Such emergency meetings may
be held by means of electronic or telecommunication equipment. The provisions
of section 2-78 shall be complied with in conducting emergency meetings.
Complete minutes of such emergency meetings specifying the nature of the
emergency and any formal action taken at the meeting shall be made available to
the public by no later than the end of the next regular business day.
(Code 1974, § 1-511)
State law
references: Similar
provisions, R.R.S. 1943, § 84-1411.
(a) Subject to the provisions of this
article, the public shall have the right to attend and the right to speak at
meetings of public bodies. All or any part of a meeting of a public body,
except for closed meetings called pursuant to section 2-83, may be videotaped,
televised, photographed, broadcast or recorded by any person in attendance by
means of a tape recorder, camera, video equipment, or any other means of
pictorial or sonic reproduction or in writing.
(b) It shall not be a violation of this
article for the public body to make and enforce reasonable rules and
regulations regarding the conduct of persons attending, speaking at,
videotaping, televising, photographing, broadcasting or recording its meetings.
(c) The council may not be required to allow
citizens to speak at each meeting. The council shall require any member of the
public desiring to address the body to identify himself, including place of
residence.
(d) No public body for the purpose of
circumventing this article shall hold a meeting in a place known by the council
to be too small to accommodate the anticipated audience. No public body shall
be in violation of this section if it holds its meetings in its traditional
meeting place.
(e) An agency which contracts with
municipalities outside the state may hold meetings of any committee outside the
state if such meetings are held only in such contracting municipalities.
(f) Final action on any agenda item shall
only be taken by the agency of the meeting in the state, which meeting shall
comply with R.R.S. 1943, §§ 84-1408--84-1414.
(g) The public body shall, upon written
request, make a reasonable effort to accommodate the public's right to hear the
discussion and testimony presented at the meeting.
(h) Anyone desiring to speak at a meeting of
the public body must have the same item included in the agenda for compliance
with the state open meeting law.
(i) The public body shall make available at
the meeting, for examination and copying by the public, at least one copy of
all reproducible written material to be discussed at an open meeting.
(Code 1974, § 1-512)
State law
references: Similar
provisions, R.R.S. 1943, § 84-1412.
(a) Any public body may hold a closed
session by the affirmative vote of a majority of its voting members if a closed
session is clearly necessary for the protection of the public interest or for
the prevention of needless injury to the reputation of an individual and if
such individual has not requested a public meeting. Closed sessions may be held
for but shall not be limited to such reasons as:
(1) Strategy sessions with respect to collective
bargaining, real estate purchases or litigation;
(2) Discussion regarding deployment of security
personnel or devices;
(3) Investigative proceedings regarding allegations
of criminal misconduct; or
(4) Evaluation of the job performance of a person
when necessary to prevent needless injury to the reputation of a person and if
such person has not requested a public meeting.
(b) Nothing in this section shall permit
a closed meeting for discussion of the appointment or election of a new member
to any public body.
(c) The vote to hold a closed session shall
be taken in open session. The vote of each member on the question of holding a
closed session, the reason for the closed session, and the time when the closed
session commenced and concluded shall be recorded in the minutes. The public
body holding such a closed session shall restrict its consideration to matters
during the closed portions to only those purposes set forth in the minutes as
the reason for the closed session. The meeting shall be reconvened in open
session before any formal action may be taken. For purposes of this section,
the term "formal action" shall mean a collective decision or a
collective commitment or promise to make a decision on any question, motion,
proposal, resolution, order, or ordinance or formation of a position or policy
but shall not include negotiating guidance given by members of the public body
to legal counsel or other negotiators in closed sessions authorized under
subsection (a)(1) of this section.
(d) Any member of any public body shall have
the right to challenge the continuation of a closed session if the member
determines that the session has exceeded the reason stated in the original
motion to hold a closed session or if the member contends that the closed
session is neither clearly necessary for the protection of the public interest
or the prevention of needless injury to the reputation of an individual. Such
challenge shall be overruled only by a majority vote of the members of the
public body. Such challenge and its disposition shall be recorded in the
minutes. Not
