City Council Study Session Agenda and Packet 2019 11 12

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Tenure and term of office. The mayor is elected to a two-year term'26 except that the governing body may by ordinance provide for a four-year term.21 To qualify for office, the mayor -elect must execute an oath or affirmation to uphold both the United States and Colorado constitutions and, if the municipal legislative body requires, also must execute a bond for the faithful performance of his or her duties. Failure to fulfill either of these requirements may render the mayor ineligible to hold office, even though elected by the voters.28 Town boards are required by law to choose one of its members to serve as mayor pro tem at its first meeting, to "perform the mayor's duties" at any given meeting where the mayor may be absent or otherwise unable to act.21 Unlike towns, city councils are not required to choose a mayor pro tem at its first meeting, but may temporarily appoint "one of their own number" to serve as acting mayor or mayor pro tern in cases whenever the mayor may be absent temporarily for town or otherwise unable to perform his or her duties." The mayor in council—manager cities. Statutory cities with a council-manager form of government have two options for selecting their mayors — either a councilmember may be selected by the rest of the council or the mayor may be elected through a popular election.31 The option chosen must be set out in the original petition to adopt a council—manager form of government, and the original election ballot also must clearly state the proposed method of mayoral selection. Once established, however, the same petition process later may change the method of selection from "by and from among the members of the city council" to "from the city at large by a plurality of the votes cast for that office at the regular election," or vice versa.12 For council -chosen mayors, at the meeting when the terms of newly elected members commence, the council is directed to choose one of its members, by majority vote, to serve as chair of the council for a two-year term. A vice -chair also is chosen at this meeting in the same manner. These positions also bear the titles of mayor and mayor pro tem, respectively. If either office becomes vacant, the council may choose a successor to serve the remainder of the term." The city council can enact an ordinance to either change the term of office for the mayor from two to four years, or to reinstate two-year terms.34 Any such ordinance must be enacted at least 180 days prior to a regular election. The city council may not, however, enact such an ordinance to extend or reduce the term for which the mayor has been elected. Since almost all administrative duties and responsibilities in council—manager governments are vested in the city manager, the powers of the mayor relatively narrow compared to the mayor —council cities. Nevertheless, she or he remains a full voting member of the city council, as well as its presiding officer. The mayor is also the ceremonial head of government and the legal head of government purposes of for civil process and military law. Additionally, the mayor may have other powers conferred upon him or her by state law or city ordinance.31 Compensation. The salary of a statutory city's mayor must be set by the city council by ordinance at or before the last regular meeting, prior to the holding of the regular election.36 The salary of a statutory city or town mayor may not be increased or decreased during the mayor's term.31 In this way, the governing body is never in the position of changing the salary of a current mayor while he or she is presiding over the meeting of the governing body.38 26 C.R.S. §§ 31-4-105, 301(2). 27 C.R.S. §§ 31-4-107(3), 301(5). 28 C.R.S. §§ 31-4-107(3), 301(5). 29 C.R.S. §§ 31-4-107(3), 301(5). 30 C.R.S. § 31-4-103(2). 31 C.R.S. § 31-4-217. 32 C.R.S. §§ 31-4-202(1), 203. 33 C.R.S. § 31-4-207. 34 C.R.S. § 31-4-207(3). 35 C.R.S. § 31-4-207.5. 36 C.R.S. § 31-4-109. 37 C.R.S. §§ 31-4-109, 405. 38 Many mayors in Colorado serve without pay, while others receive only nominal compensation. Comparisons are not meaningful without considering the amount of time the mayor must devote to municipal affairs. Contact CML for further information on salaries and fringe benefits compensation. Heather Balser / City of Louisville Order #azzov CQr 3NN Xb&� UNICIPAL LEAGUE opyright by C