Senate Bill No. 312–Senator Washington

 

March 9, 2001

____________

 

Referred to Committee on Government Affairs

 

SUMMARY—Amends charter of City of Sparks to prospectively change time for election of officers. (BDR S‑146)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: No.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to the City of Sparks; prospectively changing the time for the election of the officers of the City of Sparks; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1    Section 1.  Section 1.040 of the charter of the City of Sparks, being

1-2  chapter 470, Statutes of Nevada 1975, at page 724, is hereby amended to

1-3  read as follows:

1-4    Sec. 1.040 Wards:  Creation; boundaries.

1-5    The city shall be divided into five wards each of which shall be as

1-6  nearly equal in registered voters as can be conveniently provided, and

1-7  the territory comprising each ward shall be contiguous. In December

1-8  of the year preceding a general [municipal] election the Washoe

1-9  County registrar of voters shall establish new boundaries for each

1-10  ward if the number of electors registered at the time of the last

1-11  preceding general election in any ward exceeds the number of electors

1-12  registered in any other ward by more than 5 percent.

1-13    Sec. 2.  Section 1.060 of the charter of the City of Sparks, being

1-14  chapter 470, Statutes of Nevada 1975, as last amended by chapter 129,

1-15  Statutes of Nevada 1993, at page 228, is hereby amended to read as

1-16  follows:

1-17    Sec. 1.060  Elective officers: Qualifications; salaries; terms of

1-18  office.

1-19    1.  The elective officers of the city consist of:

1-20    (a) A mayor.

1-21    (b) Five members of the council.

1-22    (c) A city attorney.

2-1    (d) Municipal judges, the number to be determined pursuant to

2-2  section 4.010.

2-3    2.  All elective officers of the city must be:

2-4    (a) Bona fide residents of the city for at least 30 days immediately

2-5  preceding the last day for filing a declaration of candidacy for such an

2-6  office.

2-7    (b) Residents of the city during their term of office, and, in the case

2-8  of a member of the council, a resident of the ward the member

2-9  represents.

2-10    (c) Registered voters within the city.

2-11    3.  No person may be elected or appointed as a member of the

2-12  council who was not an actual bona fide resident of the ward to be

2-13  represented by him for a period of at least 30 days immediately

2-14  preceding the last day for filing a declaration of candidacy for the

2-15  office, or, in the case of appointment, 30 days immediately preceding

2-16  the day the office became vacant.

2-17    4.  The city attorney must be a licensed member of the State Bar

2-18  of Nevada.

2-19    5.  Each elective officer is entitled to receive a salary in an amount

2-20  fixed by the city council. At any time before January 1 of the year in

2-21  which a general [municipal] election is held, the city council shall

2-22  enact an ordinance fixing the initial salary for each elective office for

2-23  the term beginning on the first Monday following that election. This

2-24  ordinance may not be amended to increase or decrease the salary for

2-25  the office of mayor, city councilman or city attorney during the term.

2-26  If the city council fails to enact such an ordinance before January 1 of

2-27  the election year, the succeeding elective officers are entitled to

2-28  receive the same salaries as their respective predecessors.

2-29    Sec. 3.  Section 1.070 of the charter of the City of Sparks, being

2-30  chapter 470, Statutes of Nevada 1975, as last amended by chapter 515,

2-31  Statutes of Nevada 1997, at page 2452, is hereby amended to read as

2-32  follows:

2-33    Sec. 1.070  Elective offices; vacancies.  Except as otherwise

2-34  provided in NRS 268.325:

2-35    1.  A vacancy in the city council, or in the office of city attorney

2-36  or municipal judge must be filled by appointment of the mayor,

2-37  subject to confirmation by the city council, within 30 days after the

2-38  occurrence of the vacancy. A person may be selected to fill a

2-39  prospective vacancy in the city council before the vacancy occurs. In

2-40  such a case, each member of the council, except any member whose

2-41  term of office expires before the occurrence of the vacancy, may

2-42  participate in any action taken by the council pursuant to this section.

2-43  If the majority of the council is unable or refuses for any reason to

2-44  confirm any appointment made by the mayor within 30 days after the

2-45  vacancy occurs, the city council shall present to the mayor the names

2-46  of two qualified persons to fill the vacancy. The mayor shall, within

2-47  15 days after the presentation, select one of the two qualified persons

2-48  to fill the vacancy. The appointee must have the same qualifications

2-49  required of the elected official.

3-1    2.  A vacancy in the office of the mayor must be filled by the

3-2  mayor pro tempore. The resulting vacancy in the city council must be

3-3  filled as provided in subsection 1.

3-4    3.  The appointee or mayor pro tempore, in case of a vacancy in

3-5  the office of mayor, shall serve until his successor is elected and

3-6  qualified at the next [municipal] election to serve the remainder of the

3-7  unexpired term.

3-8    Sec. 4.  Section 3.010 of the charter of the City of Sparks, being

3-9  chapter 470, Statutes of Nevada 1975, as last amended by chapter 125,

3-10  Statutes of Nevada 1989, at page 281, is hereby amended to read as

3-11  follows:

3-12    Sec. 3.010  Mayor: Duties; mayor pro tempore.

3-13    1.  The mayor shall:

3-14    (a) Preside over the meetings of the city council and he may vote

3-15  only in case of a tie. The mayor may not vote on any proposed

3-16  ordinance.

3-17    (b) Act as the head of the government of the city for all purposes.

3-18    (c) Perform such emergency duties as may be necessary for the

3-19  general health, welfare and safety of the city.

3-20    (d) Perform such other duties as may be prescribed by ordinance or

3-21  by the provisions of Nevada Revised Statutes which apply to a mayor.

3-22    2.  The mayor may veto all matters passed by the city council if he

3-23  gives notice in writing to the city clerk within 10 days of the action

3-24  taken by the city council. A veto may be overturned only by a vote of

3-25  at least four-fifths of the city council. An action requiring the

3-26  expenditure of money is not effective without the approval of the

3-27  mayor, unless he does not disapprove the action within 10 days after it

3-28  is taken by the city council, or the city council by a four-fifths

3-29  majority approves such expenditure at a regular meeting.

3-30    3.  The city council shall elect one of its members to be mayor pro

3-31  tempore. He shall:

3-32    (a) Hold the office and title until the next [municipal] election

3-33  without additional compensation, except as otherwise provided in

3-34  paragraph (c).

3-35    (b) Perform the duties of mayor during the temporary absence or

3-36  disability of the mayor without loss of his rights and powers as a

3-37  member of the council.

3-38    (c) Act as mayor until the next [municipal] election if the office of

3-39  mayor becomes vacant and draw the salary of mayor. His salary and

3-40  position as a member of the council cease.

3-41    Sec. 5.  Section 4.010 of the charter of the City of Sparks, being

3-42  chapter 470, Statutes of Nevada 1975, as last amended by chapter 169,

3-43  Statutes of Nevada 1997, at page 448, is hereby amended to read as

3-44  follows:

3-45    Sec. 4.010  Municipal court.

3-46    1.  There is a municipal court of the city which consists of not less

3-47  than two departments. The city council may, by resolution, expand the

3-48  court to include additional departments. Such a resolution must be

3-49  enacted on or before January 1 of the year in which the additional

4-1  municipal judge is to be elected and must prohibit the commencement

4-2  of the operations of the additional department until the additional

4-3  judge has been elected and takes office.

4-4    2.  Each department must be presided over by a municipal judge

4-5  and has such power and jurisdiction as is prescribed in, and is, in all

4-6  respects which are not inconsistent with this charter, governed by

4-7  chapter 5 of NRS, which relates to municipal courts.

4-8    3.  If the city council creates an additional department pursuant to

4-9  subsection 1, the municipal judge who will preside over that

4-10  department must be elected at the next [municipal] election that meets

4-11  the requirements of subsection 1.

4-12    Sec. 6.  Section 5.010 of the charter of the City of Sparks, being

4-13  chapter 470, Statutes of Nevada 1975, as last amended by chapter 450,

4-14  Statutes of Nevada 1985, at page 1318, is hereby amended to read as

4-15  follows:

4-16    Sec. 5.010  General[municipal]elections.

4-17    1.  [A general municipal election must be held in the city on the

4-18  1st Tuesday after the

4-19  1st Monday in June of each odd-numbered year after 1986.

4-20    2.  Except as provided in subsection 3, the elective officers of the

4-21  city shall serve terms of 4 years and until their successors have been

4-22  elected and qualified.

4-23    3.  The persons who, on June 2, 1987, are elected to serve as:

4-24    (a) The members of the city council from the first, third and fifth

4-25  wards;

4-26    (b) The city attorney; and

4-27    (c) The municipal judge for the first department of the court which

4-28  was established,

4-29  shall serve terms of 2 years and until their successors have been

4-30  elected and qualified.

4-31    4.] On the Tuesday after the first Monday in June 2001, there

4-32  must be elected by the registered voters of the city, at a general

4-33  municipal election, council members to represent the first, third and

4-34  fifth wards, a municipal judge for department 1 and a city attorney,

4-35  all of whom hold office until their successors have been elected and

4-36  qualified, pursuant to subsection 3.

4-37    2.  On the Tuesday after the first Monday in June 2003, there

4-38  must be elected by the registered voters of the city, at a general

4-39  municipal election, council members to represent the second and

4-40  fourth wards, a mayor and a municipal judge for department 2, all

4-41  of whom hold office until their successors have been elected and

4-42  qualified, pursuant to subsection 4.

4-43    3.  On the Tuesday after the first Monday in November 2004,

4-44  and at each successive interval of 4 years, there must be elected by

4-45  the registered voters of the city, at the general election, council

4-46  members to represent the first, third and fifth wards, a municipal

4-47  judge for department 1 and a city attorney, all of whom hold office

4-48  for a term of 4 years and until their successors have been elected

4-49  and qualified.

5-1    4.  On the Tuesday after the first Monday in November 2006,

5-2  and at each successive interval of 4 years, there must be elected by

5-3  the registered voters of the city, at the general election, council

5-4  members to represent the second and fourth wards, a mayor and a

5-5  municipal judge for department 2, all of whom hold office for a term

5-6  of 4 years and until their successors have been elected and qualified.

5-7    5. All candidates at [the general municipal] an election that is

5-8  held pursuant to this section must be voted upon by the [electors]

5-9  registered voters of the city at large.

5-10    Sec. 7. Section 5.020 of the charter of the City of Sparks, being

5-11  chapter 470, Statutes of Nevada 1975, as last amended by chapter 637,

5-12  Statutes of Nevada 1999, at page 3567, is hereby amended to read as

5-13  follows:

5-14    Sec. 5.020  Primary municipal elections . [: Declaration of

5-15  candidacy.

5-16    1.  If for any general municipal election there are three or more

5-17  candidates for the offices of mayor, city attorney or municipal judge

5-18  or three or more candidates from each ward to represent the ward as a

5-19  member of the city council, a primary election for that office must be

5-20  held on the first Tuesday after the first Monday in April preceding the

5-21  general election.

5-22    2.] 1. Candidates for the offices of mayor, city attorney and

5-23  municipal judge must be voted upon by the registered voters of the

5-24  city at large. Candidates to represent a ward as a member of the city

5-25  council must be voted upon by the registered voters of the ward to be

5-26  represented by them.

5-27    [3.] 2. The names of the two candidates for mayor, city attorney

5-28  and municipal judge and the names of the two candidates to represent

5-29  the ward as a member of the city council from each ward who receive

5-30  the highest number of votes at the primary municipal election must be

5-31  placed on the ballot for the general municipal election.

5-32    Sec. 8.  Section 7 of this act is hereby amended to read as follows:

5-33    Sec. 7.  Section 5.020 of the charter of the City of Sparks, being

5-34  chapter 470, Statutes of Nevada 1975, as last amended by chapter

5-35  637, Statutes of Nevada 1999, at page 3567, is hereby amended to

5-36  read as follows:

5-37    Sec. 5.020  Primary [municipal] elections.

5-38    1.  Candidates for the offices of mayor, city attorney and

5-39  municipal judge must be voted upon by the registered voters of the

5-40  city at large. Candidates to represent a ward as a member of the city

5-41  council must be voted upon by the registered voters of the ward to

5-42  be represented by them.

5-43    2.  The names of the two candidates for mayor, city attorney

5-44  and municipal judge and the names of the two candidates to

5-45  represent the ward as a member of the city council from each ward

5-46  who receive the highest number of votes at the primary [municipal]

5-47  election must be placed on the ballot for the general [municipal]

5-48  election.

6-1    Sec. 9.  Section 5.030 of the charter of the City of Sparks, being

6-2  chapter 470, Statutes of Nevada 1975, at page 736, is hereby amended to

6-3  read as follows:

6-4    Sec. 5.030  Applicability of state election laws: Elections under

6-5  city council control.

6-6    1.  All elections held [under] pursuant to this charter [shall] must

6-7  be governed by the provisions of the election laws of this state so far

6-8  as such laws can be made applicable and are not inconsistent

6-9  herewith.

6-10    2.  The conduct of all [municipal elections shall] elections must be

6-11  under the control of the city council. For the conduct of [municipal]

6-12  elections, for the prevention of fraud in [such] elections, and for the

6-13  recount of ballots in cases of doubt or fraud, the city council shall

6-14  adopt by ordinance all regulations which it considers desirable and

6-15  consistent with law and this charter.

6-16    Sec. 10.  Section 5.040 of the charter of the City of Sparks, being

6-17  chapter 470, Statutes of Nevada 1975, at page 736, is hereby amended to

6-18  read as follows:

6-19    Sec. 5.040  Qualifications, registration of voters.

6-20    1.  Every person who resides within the city at the time of any

6-21  [municipal] election, and whose name appears upon the official

6-22  register of voters in and for the city, is entitled to vote at each

6-23  [municipal] election, whether special, primary or general, and for all

6-24  officers to be voted for and on all questions that may be submitted to

6-25  the people at any such primary, general or special [city] elections,

6-26  except as otherwise provided in this article.

6-27    2.  Nothing in this charter shall be so construed as to deny or

6-28  abridge the power of the city council to provide for supplemental

6-29  registration.

6-30    Sec. 11.  Section 5.070 of the charter of the City of Sparks, being

6-31  chapter 470, Statutes of Nevada 1975, at page 737, is hereby amended to

6-32  read as follows:

6-33    Sec. 5.070  Availability of lists of registered voters.  If, for any

6-34  purpose relating to [a municipal] an election or to candidates or issues

6-35  involved in [such] an election, any organization, group or person

6-36  requests a list of registered voters of the city, the department, office or

6-37  agency which has custody of the official register of voters shall

6-38  [provide the same upon payment therefor in an amount determined

6-39  pursuant to the provisions of subsection 2 of NRS 293.440.] :

6-40    1.  Permit the organization, group or person to copy the names

6-41  and addresses of voters from the official register of voters; or

6-42    2.  Furnish such a list upon payment of the cost established by

6-43  state election law.

6-44    Sec. 12.  Section 5.100 of the charter of the City of Sparks, being

6-45  chapter 470, Statutes of Nevada 1975, as amended by chapter 450, Statutes

6-46  of Nevada 1985, at page 1319, is hereby amended to read as follows:

6-47    Sec. 5.100  Election returns: Canvass; certificates of election;

6-48  entry of officers upon duties; tie vote procedure.

7-1    1.  The election returns from any [special, primary or general

7-2  municipal] election must be filed with the city clerk, who shall

7-3  immediately place the returns in a safe or vault. No person may

7-4  handle, inspect or in any manner interfere with the returns until

7-5  canvassed by the city council.

7-6    2.  The city council shall meet within [5] 10 days after any

7-7  election and canvass the returns and declare the result. The election

7-8  returns must then be sealed and kept by the city clerk for [6] 22

7-9  months, and no person may have access to them except on order of a

7-10  court of competent jurisdiction or by order of the city council.

7-11    3.  The city clerk, under his hand and official seal, shall issue a

7-12  certificate of election to each person elected. The officers elected shall

7-13  qualify and enter upon the discharge of their respective duties [on the

7-14  1st Monday] at the first regular city council meeting following their

7-15  election.

7-16    4.  If any election results in a tie, the city council shall summon

7-17  the candidates who received the tie vote and determine the tie by lot.

7-18  The city clerk shall then issue to the winner a certificate of election.

7-19    Sec. 13.  1.  This section and sections 5, 6, 7 and 9 to 12, inclusive, of

7-20  this act become effective upon passage and approval.

7-21    2.  Sections 1 to 4, inclusive, and 8 of this act become effective on
July 1, 2003.

 

7-22  H