ARTICLE 2 Town Council

The Town Council shall be the governing body of the Town, and shall have such powers as are possessed by the Town and not conferred by this Charter on others. All such powers shall be exercised in the manner prescribed in this Charter or, if not provided for herein, in such manner as shall be provided by ordinances, codes and other applicable laws.

The Town Council shall consist of six (6) Councilmembers nominated and elected from the Town at large, and a Mayor, who shall be nominated and elected from the Town at large. When the population of the Town reaches or exceeds twenty thousand (20,000) based on a decennial census conducted by the U.S. Census Bureau, the Town Council shall provide by ordinance, to be effective at the next general municipal election, for the election of six (6) Councilmembers to be nominated and elected from three districts, with two (2) Councilmembers serving from each district, and a Mayor, who shall be nominated and elected from the Town at large.

The Mayor shall be a member of the Town Council and shall have the same voting powers as any Councilmember.

The Mayor shall preside over meetings of the Town Council and shall be recognized as the head of the Town government for ceremonial and political purposes.

Subject to and consistent with this Charter, the Mayor's powers and duties may be prescribed by ordinance.

By the affirmative vote of a majority of the entire Council, a Councilmember shall be appointed as Mayor Pro Tem for the term as prescribed by ordinance to perform the responsibilities and duties of the Mayor when the Mayor is absent or is otherwise unable to perform the responsibilities and duties of the Mayor.

Each Councilmember and the Mayor shall be a citizen of the United States.

Each Councilmember shall be a registered elector of the Town who has resided in the Town or his/her respective ward or district, as the case may be with reference to Section 2.1B of this Charter, for a period of at least twelve (12) consecutive months immediately preceding the election. However, in case the boundaries of the ward or district are changed or as a result of annexation the residence period is less than the prescribed time period of twelve (12) months within territory added to the ward or district, such shorter residency time period shall be deemed to meet the residency requirements for the ward or district to which the territory was added.

The Mayor shall be a registered elector of the Town who has resided within the limits of the Town for a period of at least twelve (12) consecutive months immediately preceding the election. However, in the case of annexation, residence within the annexed territory for the prescribed time period shall be deemed to meet the residency requirements of this Paragraph C.

No person prohibited by the Colorado Constitution from serving in public office or who has been convicted of a willful violation of this Charter shall be qualified to serve as Mayor or Councilmember.

Town Council may, by ordinance, enact requirements and procedures to govern the Council-related activities of Councilmembers and the Mayor while in office, which ordinance may prescribe disciplinary procedures and consequences for violations of such requirements and procedures.

Except as provided in this Paragraph F, no person who is an employee of the Town, or a Town board or commission member, may serve as Mayor or Councilmember. Any Town employee who becomes a candidate for Mayor or Councilmember shall be deemed to have resigned from the position of Town employee on the date of announcing his/her candidacy for such office. Nothing in this Paragraph F shall prohibit the Council from appointing the Mayor or a Councilmember, after taking office, to a Town board or commission if the person is eligible to be so appointed pursuant to the ordinance establishing the board or commission.

No person may be a candidate for both Mayor and Councilmember at the same election or hold both positions simultaneously. The Mayor or any Councilmember shall not hold any other elected public office.

Each Councilmember shall be elected for a four (4) year term. Councilmembers' terms shall be staggered, as provided by ordinance. The Mayor shall be elected for a four (4) year term.

The Mayor and each Councilmember shall take office at the first regular or special meeting of the Council following certification of their election and shall continue in office until their successors have been elected and take office or a vacancy occurs.

Before taking office, the Mayor and each Councilmember shall take and file with the Town Clerk an oath or affirmation to support the United States Constitution, the Colorado Constitution, the Charter, ordinances and codes of the Town and to faithfully perform the duties of the office.

Appointment by Council if the vacancy occurs more than ninety (90) days before the next general municipal election. The appointee shall be selected by a majority vote of the remaining members of the Council and such appointment shall be made within thirty (30) days after such vacancy occurs. All such appointments shall continue until a successor is elected and qualified at the next general municipal election. In the event that a vacancy occurs in the office of Mayor, the Mayor Pro Tem shall assume the office of Mayor and the appointment shall be for the office of the Councilmember, who was the Mayor Pro Tem, only; or

By election at the next general municipal election if the vacancy occurs within ninety (90) days immediately preceding said election; or

By election at a special municipal election if three or more vacancies exist at any one time and there will not be a regular municipal election within the ninety (90) days immediately after the date that the third vacancy occurred. In the event of such multiple vacancies, Council shall call a special municipal election to be held within sixty (60) days from the occurrence of the third vacancy to elect a Councilmember to fill each vacated office.