ARTICLE II. THE CITY COUNCIL

2.1 Legislative power

The legislative power of the city, except as otherwise specifically provided by this chapter, shall be exercised by the city council. The council shall have and exercise such other and additional powers and duties as are provided by the charter.

2.2 City council

The city council shall consist of 7 members to be nominated and elected and elected in accordance with the provisions of Title 19 of the Revised Statutes. One member shall be elected from the city at large, one member shall be elected from each of the 4 council manic wards to be established and maintained pursuant to the charter, one member to be elected from the first and forth wards at large, and one member shall be elected from the second and third wards at large.

2.3 Qualification; term

• Each councilman shall be a legal voter of the city and a resident of the ward or wards from which he is elected, in case of a ward councilman, or of any ward in the city in the case of an at-large councilman, for at least 1 year prior to his election.

• Each councilman shall serve for a term of 4 years beginning on January 1 next following his election except that of those first elected the first ward councilman shall be elected for a term of 1 year; second ward, 2 years; third ward, 3 years; forth ward, 4 years; and councilman-at-large, 3 years; councilman-at-large from first and forth wards, 2 years; and councilman-at-large from second and third wards, 1 year.

2.4 Vacancies

A vacancy in the office of councilman occurring during a term shall be filled by election at the next general election to be held not less then 60 days after the occurrence of the vacancy. The council shall forthwith fill the vacancy temporarily by appointment of a qualified person to serve until the qualification of the person so elected. A person appointed to fill a vacancy shall have the qualifications required of the previous incumbent and shall be a member of the same political party as such prior incumbent. In the event the council fails to fill the vacancy within 60 days following its occurrence the mayor shall forthwith appoint a qualified person to serve as above.

2.5 Organization

• Council shall, by ordinance, provide for it’s own organization and rules of procedure, not inconsistent with the charter.

• The council at its organization meeting and every year thereafter shall elect a president of the council from among the members thereof. He shall preside at its meetings and perform such other duties as the council may prescribe. In the absence of the president, the council shall elect a temporary presiding officer.

2.6 Meetings

Council shall convene in regular meetings at least once each month at the city hall at a time to be fixed by ordinance, except in the event of a public catastrophe or emergency with renders such meeting impractical or unduly hazardous. Special meetings upon at least 2 days public notice may be called by the mayor whenever he deems necessary, and shall be called by the city clerk upon written request signed by a majority of the councilman. The call for a special meeting shall specify the purpose of the meetings, and no other business may be conducted at such meetings.

2.7 Procedures

• Generally, Council procedures shall be governed by or pursuant to the charter. In the event of a conflict between any other applicable laws and this act, this act shall prevail.

• Voting; quorum. A majority of the whole number of members of the council shall constitute a quorum. The vote upon every motion, resolution or ordinance shall be taken by roll call and the yeas and nays shall be entered on the minutes. The minutes of each meeting shall be signed by the officer presiding at such meeting and the city clerk.

• Resolutions. All resolutions of permanent import shall be introduced in writing, and the votes thereon shall be taken by yeas and nays, and shall require the affirmative vote of a majority of the whole council. A resolution unless otherwise specifically required by law need not be submitted to the mayor for approval.

• Appointments. Resolution of appointments by the council require the affirmative vote of a majority of the whole council.

• Mayor’s participation. The mayor may attend meetings of the council and may take part in discussions of council but shall have no vote.

2.8 Investigations; removals

• The council may make investigations into the affairs of the city and the conduct of any city department, office, commission or agency and for this purpose, subpoena witnesses, administer oaths, take testimony, and require the full production of evidence. In addition to any other remedy, any person who willfully fails or refuses to obey a lawful order issued in the exercise of these powers by the council shall be adjudged a disorderly person, punishable by a fine of not more them $200.00, or by imprisonment for not more then 30 days or both.

• Council may remove any officer or employee, other then the mayor or a councilman, for cause, upon notice and an opportunity to be heard.

2.9 Ordinances; veto

• Ordinances shall be prepared, introduced, considered, and acted upon as required by law. No ordinance may be enacted without the affirmative vote of a majority of all the councilmen.

• Ordinances adopted by the council shall be submitted to the mayor, and shall within 10 days after receiving any ordinance, either approve the ordinance by affixing his signature thereto or return it to the council by delivering to the city clerk together with a statement setting forth his objections thereto or to any item or part thereof. No ordinance or any item or part thereof shall take effect without the mayor’s approval, unless the mayor fails to return the ordinance to the council within 10 days after it has been presented to him, or unless council upon reconsideration thereof on or after the third day but not later then its next regular meeting following its return by the mayor shall by a vote of 2/3 of the members resolve to override the mayor’s veto.

2.10 Separation of powers; administration

The legislative, executive and administrative powers of the city are divided between the legislative and executive branch. No person or persons belonging to or constituting one branch shall exercise any of the powers of the other unless specifically authorized by the Charter. Neither the council not any councilman shall intervene in administrative matters, except for legislative purposes.

2.11 Compensation

The council may provide by ordinance for an annual salary of councilmen, provided that no ordinance increasing or decreasing such salary shall take effect prior to the next budget year following a general election which occurs not less then 60 days after its adoption. In addition to such salary, councilmen may be paid their actual and necessary expenses incurred in the performance of the duties of their office.

2.12 Judge of qualifications

The council shall be the judge of the election and qualifications of its members, and may determine the grounds for forfeiture of the office due to misconduct or malfeasance. For this purpose, the council shall have the power to subpoena witnesses, administer oaths and require the production of evidence. A member charged with conduct constituting grounds for forfeiture of this office shall be entitled to a public hearing on demand. Notice of such hearing shall be published in one or more newspapers of general circulation n the city at least 1 week in advance of the hearing. Any action by the council under this section shall be subject to judicial review.

2.13 Clerk of the council.

The council shall appoint the city clerk of some other qualified person to serve as clerk of the council. The clerk shall keep a journal of the council proceedings and record the minutes of every meeting. The minutes of each meeting shall be signed by the officer presiding at the meeting and by the clerk of the council.

2.14 Compilation of ordinances and resolutions.

The clerk of the council shall record all ordinances and resolutions adopted by the council and at the close of each year, with the advice and assistance of the corporation council, shall bind, compile or codify all the ordinances and resolutions, or true copies thereof, of the city which then remain in force and effect. He shall also properly index the record books, compilation or codification of ordinances and resolution.

2.14 Enacting clause.

The council shall act in relation to the legislative matters by ordinance. The enacting clause of all ordinances shall be: “Be It Enacted by the Council of the City of Plainfield:”