M E M O R A N D U M 04-144

TO: MAYOR AND HOMER CITY COUNCIL

FROM: MARY L. CALHOUN, CITY CLERK

DATE: NOVEMBER 8, 2004

SUBJ: SELECTION OF MAYOR PRO TEMPORE, SOME FACTS.

Homer City Code Section 1.24.080 Mayor's absence. At the first meeting of the Council following certification of the municipal election each year, there shall be appointed a Mayor Pro Tempore, by majority vote of Council, to act as Mayor during the Mayor's temporary absence or disability. (Ord. 90-22, 1990).

Council's Operating Manual: Mayor Pro Tem. A Mayor Pro Tem shall be elected by the majority of the Homer City Council. The term of the Mayor Pro Tem shall be until the call for election by the Homer City Council of a New Mayor Pro Tem. The Mayor Pro Tem shall, in the absence of the Mayor, act as Mayor of the City of Homer as though they themselves had taken the Oath of Office of Mayor with all duties, responsibilities and powers of the Office of the Mayor of the City of Homer.

By tradition the Council has elected a New Mayor Pro Tem at the same annual meeting when newly elected officials are sworn in. The Mayor Pro Tem, when acting in that capacity, does not lose the privilege or duty to vote as a Councilmember.

Black's Law Dictionary:

Pro Tem is abbreviation for Pro Tempore which means, literally, for the time being. Hence, one who acts as a substitute on a temporary basis is said to serve pro tem.

Pro Tempore. For the time being; temporarily, provisionally.

Mayor powers and duties Alaska Statute Section 29.20.250(b) The Mayor may take part in the discussion of a matter before the governing body. The Mayor may not vote, except that the Mayor of a first class city or the Mayor of a borough with a manager form of government may vote in the case of a tie. The Mayor of a second class city, as a Councilmember, may vote on all matters.

The Mayor does not have to break a time, the Mayor may break a time.

Page Two

Mayor Pro Tem

Clerk Memo

Robert's Rules of Order regarding Election.

The Chair may vote in the affirmative to break a tie or abstain. Page 51

Tie vote - secret ballot - repeat balloting as many times as necessary to obtain a majority vote for a single candidate. Pages 417, lines 4 and 5; and 426 lines 26 - 34.

Other - Suggestion

Council may move to appoint/select __________ as Mayor Pro Tempore.