City Council Study Session Agenda and Packet 2019 11 12

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Duties and responsibilities. The mayor's responsibilities stem from both law and custom. Duties as chief ceremonial officer of the municipality vary from community to community. The mayor presides over all meetings of the governing body. Unless otherwise provided for by an ordinance enacted during the 60 days preceding the election of the mayor, the mayor also is a voting member of the governing body.39 In statutory cities, the mayor is expressly directed by statute to act as the chief executive officer and conservator of the peace, cause the ordinances and the regulations of the city to be faithfully and constantly obeyed, supervise the conduct of all officers of the city, and exercise within the city limits the powers conferred upon county sheriffs to suppress disorder and keep the peace.40 Voting. Unless otherwise provided by ordinance, the mayor is a full voting member of the municipal governing body without any special veto powers. However, an ordinance that provides for certain veto powers while removing general voting privileges from the position of mayor may be adopted or repealed within the 60 days before a mayoral election.41 Any ordinance to remove the mayor's voting privileges as a member of the governing body must nevertheless provide for the mayor to vote in the case of a tie vote on matters before the governing body. Such an ordinance also must provide that the mayor has the power to disapprove ordinances by a veto procedure.42 Under these circumstances, all ordinances, resolutions authorizing the expenditure of money, and binding contracts must be presented to the mayor within 48 hours for approval and signature. If the mayor disapproves, the objections must be presented, in writing, at the next regular meeting of the governing body. After rejection by the mayor, legislation may take effect only if approved by a two-thirds majority of the governing body. Otherwise, the legislation takes effect when the mayor signs it. If the mayor neither signs nor formally objects to the legislation, then it becomes effective after the next regular meeting of the governing body.43 Other duties and responsibilities. In statutory cities not utilizing the council—manager structure, all officers of the city are subject to the control and direction of the mayor.44 The mayor is specifically charged with the responsibility to supervise the conduct of all officers of the city; to investigate all reasonable complaints made against them; and to cause all cases of violation or neglect of duty to be corrected promptly or reported to the proper forum for punishment or correction.41 Thus, even though the councilmembers, and sometimes the clerk and treasurer, are elected directly by the voters, the mayor is responsible for ensuring that cases of misconduct by these elected officials are handled properly. It should be noted that the terms "employee" and "officer" are not necessarily interchangeable and are subject to interpretation by the courts; legal counsel should be consulted when in doubt on this issue. CITY COUNCILMEMBERS AND TOWN BOARD TRUSTEES Overview. The positions of councilmember and trustee have been compared to those of the members of the Colorado General Assembly and the United States Congress. Councilmembers and trustees are elected to represent their constituents, make governmental policy decisions through legislative acts, provide revenues and financing for the maintenance and operation of local government services, conduct public hearings and act on various applications for governmental approvals, and generally supervise the administration of local governmental affairs in accordance with their ordinances and other policy decisions. The laws that govern city councilmembers and town trustees are generally similar. One difference is in the composition of the governing bodies. In statutory towns, the boards of trustees are composed of six members, unless the board, by majority vote or the electorate at a general election, determines that a board of four members would be advantageous to the town.46 In statutory cities, the number of councilmembers is determined by an ordinance that provides for ward boundaries, with two members elected from each ward, plus the mayor.41 39 C.R.S. §§ 31-4-102(3), 302. 40 C.R.S. § 31-4-102(2). 41 C.R.S. §§ 31-4-102(3), 302. 42 C.R.S. §§ 31-4-102(3), 302. 43 C.R.S. § 31-16-104. 44 C.R.S. § 31-4-107(2)(b). 45 C.R.S. § 31-4-102. 46 See C.R.S. §§ 31-4-301, 301.5. 47 C.R.S. §§ 31-4-104, 105. Heather Balser / City of Louisville Order # 42201 / rder Date: 10/31/2019 Copyright by Cl COLORADO MUNCIPAL GOVERNMENT.' AN INTRODUCTION