Article CH-3 ARTICLE III Executive Department


Prior to the adoption of Article III on 10/23/2000, Article CH-3 read as follows.


Section 3.010 Mayor: Qualifications; duties; vice president.

1. The mayor shall be:

(a) A bona fide resident of the city for at least 2 years prior to his election.

(b) A qualified elector within the city.

2. The mayor shall:

(a) Serve as ex officio president of the Board of Supervisors and preside over its meetings.

(b) Serve as the chief executive officer of the city.
 
(c) Be recognized as the head of the city government for all ceremonial purposes.

(d) Perform such emergency duties as may be necessary for the health, welfare and safety of the city.

(e) Perform such other duties, except administrative duties assigned by the Board of Supervisors to the City Manager, as may be prescribed by ordinance or by the provisions of Nevada Revised Statutes which apply to a mayor of a city organized under the provisions of a special charter.

3. The Board of Supervisors shall elect one of its members to be vice president. Such person shall:

(a) Hold such office and title, without additional compensation, during the term for which he was elected.

(b) Perform the duties of mayor during the absence or disability of the mayor.
 
(c) Act as mayor until the next municipal election if the office of mayor becomes vacant.

Sec. 3.020 City Manager: Duties

1. The City Manager shall perform such administrative duties as the Board of Supervisors may designate. His duties and salary shall be fixed by the Board of Supervisors.

2. The City Manager may appoint such clerical and administrative assistants as he may deem necessary, subject to the approval of the Board of Supervisors.

Sec. 3.030 City Clerk: Duties. The City Clerk shall:

1. Keep the corporate seal and all books and papers belonging to the city.

2. Attend all meetings of the Board of Supervisors and keep an accurate journal of its proceedings, including a record of all ordinances, bylaws and resolutions passed or adopted by it. After approval at each meeting of the board of supervisors, the city clerk shall attest the journal after it has been signed by the mayor.

3. Sign all warrants issued.

4. Number and countersign all licenses issued by the city. All licenses shall be in a form devised by the City Clerk and approved by the Board of Supervisors.
 
 5. Enter upon the journal the result of the vote of the Board of Supervisors upon the passage of ordinances, or of any resolution appropriating money, abolishing licenses or increasing or decreasing the rates of licenses.

6. Act as ex officio city treasurer, registry agent and license collector.

7. Perform such other duties as may be required by the Board of Supervisors.

Sec. 3.040 City Clerk's bond. The City Clerk shall be liable and accountable on his official bond for the performance of his duties under the provisions of this charter, and the Board of Supervisors may require from him such additional security as may be necessary from time to time.

Sec. 3.050 City Attorney: Qualifications; duties. The city Attorney shall be:

1. A duly licensed member of the State Bar of Nevada but he need not be a resident of the city.

2. The legal officer of the city.

Sec. 3.060 County assessor to be ex officio city assessor; duties.

1. The county assessor of Elko Count shall be ex officio city assessor of the city. The county assessor shall perform such duties for the city without additional compensation.

2. Upon request of the ex officio city assessor, the Board of Supervisors may appoint and set the salary of a deputy city assessor to perform such duties relative to city assessments as may be deemed necessary.

Sec. 3.070 Chief of Police: Police officers. The Chief of Police may, subject to approval of the Board of Supervisors, appoint and supervise such police officers as may be deemed necessary.

Sec. 3.080 City officers: Duties restricted and altered. The Board of Supervisors may prescribe by ordinance the powers and duties of all city officers and may add to, alter or restrict such powers and duties.

Sec. 3.090 City officers: Absence from office. If any appointive officer removes his office from the city, or absents himself therefrom for more than 30 days without leave of the Board of Supervisors, his office shall be declared vacant by the Board of Supervisors, and the vacancy filled by appointment as provided in this charter.

Sec. 3.100 City officers; Collection and disposition of moneys.

1. All taxes, fines, forfeitures or other moneys collected or recovered by any officer or person pursuant to the provisions of this charter or of any valid ordinance of the city shall be paid by the officer or person collecting or receiving them to the City Clerk, who shall dispose of them in accordance with the ordinances, regulations and procedures established by the Board of Supervisors.

2. The Board of Supervisors may by proper legal action collect all moneys which are due and unpaid to the city or any officer thereof, and the Board of Supervisors may pay from the general fund all fees and expenses necessarily incurred by it in connection with the collection of such moneys.

Sec. 3.110 Removal of officers. If any officer is adjudged guilty of nonfeasance, misfeasance or malfeasance in office, by any court of competent jurisdiction, the board of supervisors may declare the office vacant and fill the vacancy so caused, as provided by law.