Article III — CITY COUNCIL

The legislative powers of the City of Eureka shall be vested in a Council of five (5) members.

No person shall be eligible for the office of Council Member unless such person is at the time of assuming such office an elector of the City and was a registered voter and a resident of the City and of the ward from which such person is seeking election at the time nomination papers are issued to such person as provided for in Section 10227 of the Elections Code of the State of California as the same now exists or may hereafter be amended or superseded.

(Amended by election November 2, 2010)

If for any reason there occurs a vacancy in the office of Council Member, the Mayor and Council shall, within thirty (30) days from the commencement of the vacancy either fill the vacancy by appointment by the Mayor with the approval of a majority of the Council Members or the Council shall call a special municipal election to fill the vacancy; provided, that no such special municipal election shall be called if a general municipal election is to be held within ninety (90) days from the commencement of the vacancy. Such a special municipal election shall be held not less than eighty-eight (88) days from the call of the special municipal election. The person so appointed or elected shall possess the qualifications hereinbefore prescribed for Council Members, and shall hold office for the unexpired term of the former incumbent. (Amended by election on November 8, 1994)

All meetings of the Council shall be public and shall be held in the City Hall of the City or at such other place or places as may be designated by the Council by resolution. Regular meetings of the Council shall be held at such times as may be established by the Council by resolution. Special meetings of the Council may be called by the Mayor or three members of the Council, and the only business that may be transacted at special meetings is that which is enumerated or set forth in the call for the special meeting.

Three (3) members of the Council shall constitute a quorum, and the affirmative vote of three members shall be necessary for the passage of an ordinance or the final transaction of any business.

Less than a quorum may adjourn from time to time, and compel the attendance of absent members in the manner and under the penalties prescribed by ordinance.

The Council may act by ordinance, resolution or motion.

The Council shall elect one of its members as Mayor Pro Tem who shall preside at all meetings of the Council during the absence of the Mayor, and shall, in case of sickness or inability of the Mayor, or his absence from the City, act as Mayor of the City.

The Council shall establish rules for its proceedings. It shall have power to censure its members for disorderly conduct, committed in its presence, and may expel any member upon conviction of a felony by an affirmative vote of three (3) of its members. It shall have the power to issue subpoenas to compel the attendance of witnesses, and production of all papers relating to any business before the Council, and disobedience of such subpoena or the refusal to testify before the Council shall constitute a misdemeanor and shall be punishable in the same manner as violations of this Charter are punishable. (Amended by election on November, 1991)

All Council members shall have the power to administer oaths and affirmations relative to any business brought before or under consideration of the Council.

Minutes of all Council Meetings shall be kept by the City Clerk or a Deputy City Clerk under the direction of the City Council, and the ayes and noes on each action taken by the Council shall be entered in the minutes.

The monthly salary of each Council Member shall be $500.00 per month and each Council Member may be reimbursed for actual and necessary expenses incurred by such member in the performance of official duties. (Ratified June 7, 1988)

The Council may create advisory or appellate boards, commissions and committees, prescribe their duties and fix their compensation, if any. The members thereof shall be appointed by the Mayor with the approval of the Council, subject to the following requirements:

(a) On or before December 31 of each year, the City Council shall cause to have prepared an appointments list of all regular and ongoing boards, commissions and committees the members of which are appointed as herein provided. The appointees' list shall contain the following information:

(1) A list of all appointive terms which will expire during the next calendar year, with the name of the incumbent appointee, the date of appointment, the date the term expires, and the necessary qualifications for the position.

(2) A list of all boards, commissions and committees whose members serve at the pleasure of the Mayor and City Council, and the necessary qualifications for each position.

(b) The appointments list shall be made available to members of the public for a reasonable fee which shall not exceed actual cost.

(c) Whenever an unscheduled vacancy occurs in any board, commission or committee for which the Mayor and City Council have the appointing power, whether due to resignation, death, termination or other causes, a special vacancy notice shall be posted in the office of the City Clerk, and in other places as directed by the Mayor and City Council, within twenty (20) days after the vacancy occurs. Final appointment to the board, commission or committee shall not be made for at least ten (10) working days after the posting of the notice in the City Clerk's office. Notwithstanding the provisions of this subsection (c), the Mayor and City Council may, if they find that an emergency exists, fill the unscheduled vacancy immediately. Persons appointed to fill such a vacancy shall only serve on an acting basis until the final appointment is made pursuant to this subsection (c).

The chairman of each board, commission and committee shall have the power to administer oaths and affirmations relative to any business brought before or under consideration by the respective board, commission or committee of which he is the chairman.