§ 14-47-140 - Authorization for election concerning mayor.
               	 		
14-47-140.    Authorization for election concerning mayor.
    (a)    (1)  Any  municipality organized and operating under the city manager form of  government may authorize the mayor of the municipality to have the  following duties and powers if approved by the qualified electors of the  municipality at an election called by the board of directors by  referendum or by the qualified electors of the municipality by  initiative:
            (A)    (i)  The power to veto an ordinance, a resolution, or an order adopted by the board of directors.
                  (ii)    (a)  The board of directors may override the veto by a two-thirds vote of the number of members of the board.
                        (b)  The  mayor shall be entitled to vote only in case of a tie vote, and his or  her presence may be counted to establish a quorum for the conduct of  business;
            (B)  The power to  appoint, subject to confirmation by a majority of the members of the  board of directors, persons to fill vacancies on any board, authority,  or commission of the municipality;
            (C)  The power to hire the city manager, subject to the approval of a majority of members of the board of directors;
            (D)  The power to remove the city manager, subject to the approval of a majority of the members of the board of directors;
            (E)  The power to prepare and submit to the board of directors for its approval the annual municipal budget;
            (F)  The power to hire the city attorney, subject to the approval of a majority of members of the board of directors; and
            (G)  The power to remove the city attorney, subject to the approval of a majority of members of the board of directors.
      (2)  If  the petition under subdivision (a)(1) of this section is approved by a  majority of the qualified electors of the municipality, the mayor shall  have the powers and duties authorized under subdivision (a)(1) of this  section.
      (3)    (A)  Subdivisions  (a)(1) and (2) of this section shall not apply to offices and  employments controlled by any civil service or merit plan lawfully in  effect in the municipality.
            (B)  In  municipalities that maintain municipal courts or police courts, the  municipal judge, police judge, and the clerk of both courts shall be  elected and appointed in the manner prescribed by law.
      (4)  A  mayor who has the duties and powers authorized under subdivision (a)(1)  of this section shall be compensated with salary and benefits  comparable to the salary and benefits of an official or employee of the  municipality with similar executive duties and powers.
(b)  If  called by initiative of the qualified electors of the municipality, the  special election under this section shall comply with the following:
      (1)  A petition under subsection (a) of this section shall be filed with the clerk of the city;
      (2)  Each signature on a petition filed shall have been signed within one hundred eighty (180) days prior to filing;
      (3)  The clerk of the city shall note on the petition the date and time filed; and
      (4)  If  a petition contains the signatures of electors equal in number to  fifteen percent (15%) of the number of ballots cast for the mayor in the  last mayoral election, or if the mayor is not directly elected, for the  director position receiving the highest number of votes in the last  general election, then the clerk of the city shall deliver the petitions  to the mayor who shall by proclamation submit the question to the  electors at a special election, provided that:
            (A)  The  clerk of the city shall verify the number of signatures and the  authenticity of the signatures on the petition within ten (10) days of  the date they are filed;
            (B)  If there are insufficient signatures on the petition, the petitioners shall not receive an extension for the petition; and
            (C)  If  there is a sufficient number of signatures on the petition but the  clerk of the city is unable to verify the required number of signatures  and the authenticity of the signatures, then the petitioners shall be  given ten (10) days to provide a sufficient number of verified  signatures.
(c)  The proclamation  submitting the question under subsection (a) of this section to the  qualified electors of the municipality shall be issued within three (3)  working days of the date the clerk of the city verifies the number of  signatures on the petition or within three (3) working days of the date a  referendum ordinance is passed by the board of directors.
(d)  The  special election shall be held not less than thirty (30) days nor more  than one hundred twenty (120) days after the proclamation.
(e)    (1)  If  both a petition is filed by the qualified electors of the municipality  and the number of signatures and the authenticity of the signatures are  verified under subdivision (b)(4) of this section and a referendum  ordinance is passed by the board of directors referring the question  under subsection (a) of this section to the qualified electors of the  municipality, the event that occurs last in time is moot and void.
      (2)  If  two (2) or more groups file petitions seeking a special election under  subsection (a) of this section and the petition filed first is declared  insufficient, then the city clerk shall determine the sufficiency of the  petition that was filed next in time.
      (3)  Upon  a declaration that a petition is sufficient and first in time, then a  petition filed after the first sufficient petition and before the  special election shall be deemed moot and shall be destroyed.
(f)  If  an election held under subsection (a) of this section results in the  adoption of the question under subsection (a) of this section, then the  adopted question shall not be presented again to the electors for a  period of four (4) years from the date of the election.
(g)  If  an election held under subsection (a) of this section results in the  failure to adopt the question under subsection (a) of this section, then  the failed question shall not be presented again to the electors for a  period of two (2) years from the date of the election.
(h)  Notice  of the election shall be given by the clerk of the city by one (1)  publication in a newspaper having general circulation within the city  not less than ten (10) calendar days before the election.
(i)  Within  thirty (30) calendar days after completion of the tabulation of the  votes, the mayor of the city shall proclaim the results of the election  by issuing a proclamation and publishing it one (1) time in a newspaper  having general circulation within the city.
(j)  The  results of the election as stated in the proclamation shall be  conclusive unless a suit contesting the proclamation is filed in the  circuit court in the county where the election took place within thirty  (30) calendar days after the date of publication of the proclamation.
(k)  If  the question under subsection (a) of this section is approved at an  election as provided in this section, that approval shall be final and  shall continue in effect thereafter as long as authorized.
(l)  The mayor shall continue to be selected under    14-61-111.
(m)  At  the time of a transition after an election as provided in this section,  the current mayor shall continue to serve until the end of his or her  elected term.