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Article 2-1
COUNCILSections:
2-1-1 Elected Officers
2-1-2 Eligibility
2-1-3 Office of Mayor
2-1-4 Office of Vice-Mayor
2-1-5 Mayor Pro Tempore
2-1-6 Vacancy
2-1-7 Compensation
2-1-8 Financial Disclosure
2-1-1 Elected Officers
A. Pursuant to ARS Section 9-231, the elected officers or common council of the Town shall consist of seven Council Members including the directly elected Mayor as provided for in Section 2-1-3.
B. The Mayor and Council Members shall constitute the Oro Valley Town Council and shall continue in office until their successors are duly elected and sworn-in. All Council Members shall serve four year overlapping terms.
C. Public Officers. The Mayor and Council are Public Officers as defined in ARS 38-502.
D. Corporate Powers. The corporate powers of the Town shall be vested in the Council and shall be exercised only as directed or authorized by law. All powers of the Council shall be exercised by ordinance, resolution, order, or motion.
E. Oath of Office. Immediately prior to assumption of the duties of office, each Council Member shall, in public, take and subscribe to the Oath of Office.
F. Assumption of Duties. Council Members shall assume the duties of office at the regularly scheduled Council meeting next following the date of the General Election at which, or effective as of the date which, the Council Members were elected.
G. Bond. Every Council Member shall have executed an official bond on their behalf paid by the Town, which shall be conditioned on the due and faithful performance of the Council Member’s official duties, and payable for the benefit of the Town or any person who may be injured or aggrieved by the wrongful act or default of such officer in their official capacity. A person so injured or aggrieved may bring suit on such bond under provisions identical to those contained in ARS 38-260.
((O)03-28, Amended, 09/17/2003; 01-22, Amended, 09/19/2001)
2-1-2 Eligibility
Pursuant to ARS 9-232 and 38-201, no person shall be eligible to any of the offices provided in this Article except a person of the age of not less than eighteen (18) years, who shall have been a qualified elector residing within the Town at the time of the election, and has resided in the Town for one (1) year next preceding the election.
(01-22, Amended, 09/19/2001)
2-1-3 Office of Mayor
A. Election. Beginning with the election to be held at the primary election in 1998, the Mayor of the Town of Oro Valley shall be directly elected by the qualified electors of the Town. The term of office of the Mayor shall be four (4) years or until a successor is elected and sworn-in.
B. Qualification and Tenure. Pursuant to ARS 38-296, the "resign-to-run" provision, except during the final year of the term being served, no incumbent Council Member may offer their nomination for the office of Mayor. Once an incumbent formally resigns from their duty elected office, the office is declared vacant. Any person desiring to become a candidate for office shall file nomination papers pursuant to ARS 16-311(a) in order to declare candidacy for that office.
C. Powers and Duties. The powers and duties of the Mayor shall include the following:
1. The Mayor shall be the Chief Executive Officer of the Town.
2. The Mayor shall be the Chairperson of the Council and preside over its meetings. The Mayor may make and second motions and shall have a voice and vote in all its proceedings.
3. The Mayor shall enforce the provisions of this Code.
4. The Mayor shall execute and authenticate by his/her signature such instruments as the Council or any statutes, ordinances, or this Code shall require.
5. The Mayor shall make such recommendations and suggestions to the Council as is considered proper.
6. The Mayor may, by proclamation, declare a local emergency to exist due to fire, conflagration, flood, earthquake, explosion, war, bombing, or any other natural or man-made calamity or disaster or in the event of threat or occurrence of riot, rout, or affray or other acts of civil disobedience which endanger life or property within the Town. After such declaration of such emergency, the Mayor shall govern by proclamation and impose all necessary regulations to preserve the peace and order of the Town, including but not limited to:
a. Imposition of a curfew in all or any portion of the Town.
b. Ordering the closing of any business.
c. Closing to public access any public building, street, or other public place.
d. Calling upon regular or auxiliary law enforcement agencies and organizations within or without the political subdivision for assistance.
7. The Mayor shall perform such other duties required by state statute and this Code as well as those duties required as Chief Executive Officer of the Town.
D. Leave of Office. The Mayor shall not leave the office of Mayor, ceasing to discharge the duties of Mayor, for a greater period than fifteen (15) days without the consent of the Council.
E. Failure to Sign Documents. If the Mayor refuses or fails to sign any ordinance, resolution, contract, warrant, demand, or other document or instrument requiring his signature for five days consecutively, then three (3) members of the Council may, at any regular or special meeting, authorize the Vice-Mayor or, in his absence a Mayor Pro Tempore, to sign such ordinance, resolution, contract, warrant, demand, or other document or instrument which when so signed shall have the same force and effect as if signed by the Mayor.
(01-22, Amended, 09/19/2001)
2-1-4 Office of Vice-Mayor
A. Election. At the first regular meeting in January of each calendar year, the Town Council shall elect one of its members as Vice-Mayor by a majority vote. Those Council Members eligible each January are only those whose terms will not expire in June of that calendar year.
B. Term. The Vice-Mayor shall serve at the pleasure of the Council for a term of one (1) years or until a successor is elected.
C. Duties. The Vice-Mayor shall be appointed to perform the duties of the Mayor during his absence, pursuant to ARS 9-236. The Vice-Mayor’s compensation in this instance shall be increased to match that of the compensation of the Mayor. In the event of a vacancy in the office of Mayor, the Vice-Mayor shall succeed to the office of Mayor until the end of the term to which the Vice-Mayor was elected or the end of the term to which the Mayor was elected, whichever comes first, and then a new Vice-Mayor shall be elected.
(03-06, Amended, 02/19/2003; 01-22A, Amended, 09/19/2001; 01-22, Amended, 09/19/2001)
2-1-5 Mayor Pro Tempore
In the absence of both the Mayor and the Vice-Mayor, the Council may designate another of its members to serve as Mayor Pro Tempore who shall have all the powers, duties, and responsibilities of the Mayor during such absence.
(01-22, Amended, 09/19/2001; (O)99-53, Amended, 07/01/2000)
2-1-6 Vacancy
A. Vacancy Defined. An office shall be deemed or considered vacant as provided for in ARS 38-291. For the purposes of the Article governing the Mayor, Vice-Mayor, and Council Members, the words, terms, and phrases defined in this Article hereunder, but not limited to, shall have the meanings respectively assigned to them, unless a different meaning is plainly required by the context.
B. Office of Mayor. In the event of a vacancy in the office of the Mayor, the Vice-Mayor shall succeed to the office of Mayor. Any successor to the office shall become Mayor-in-Fact and entitled to all of the emoluments, powers, and duties of Mayor upon taking the oath of office.
A special election shall not be held to elect a new Mayor, but the Vice-Mayor shall act in the Mayor’s stead until the end of the term for which the Mayor was elected or the end of the term to which the Vice-Mayor was elected, whichever comes first. If a vacancy is created in the office of Mayor due to the expiration of the Vice-Mayor’s term, the Council shall elect a Vice-Mayor for the remainder of the original Mayor’s term from among the Council.
C. Office of Vice-Mayor. In the event a vacancy is created in the office of Vice-Mayor, the Council shall elect one of its remaining members to fill the vacancy in accordance with this Article.
D. Office of Council Member. In the event of a vacancy created in the office of Council Member, the Council shall fill such vacancy, by appointment, for the unexpired term of that vacancy. The individual appointed by the Council to fill a vacancy among the membership of the Council pursuant to ARS 9-235, must also meet the qualifications of ARS 9-232(A).
(01-22, Amended, 09/19/2001)
2-1-7 Compensation
The compensation of elective officers of the Town shall be fixed from time to time by resolution of the Council.
(01-22, Amended, 09/19/2001)
2-1-8 Financial Disclosure
The Mayor and each Council Member shall file by January 31 of each year, on a form prescribed by the Clerk, a financial disclosure statement setting forth such information as determined by resolution of the Council.
(01-22, Amended, 09/19/2001)
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