(a) Except as provided in subsection (c), in all cities and towns at the general election to be held on the fourth Tuesday in August, 1984, and quadrennially thereafter, there shall be elected a mayor, who, in cities having a population of 12,000 or more according to the last or any subsequent federal census, shall not sit with the council nor have a vote in its proceedings, and he or she shall have the power and duties conferred in this chapter.
(b) In all cities and towns having a population of less than 12,000 inhabitants according to the last or any subsequent federal census, the legislative functions shall be exercised by the mayor and five aldermen. The mayor shall preside over all deliberations of the council. At his or her discretion he or she may vote as a member of the council on any question coming to a vote, except in case of a tie, in which event he or she must vote.
(c)(1) Notwithstanding subsection (a), cities and towns having a population of less than 12,000 inhabitants according to the immediate past federal decennial census that have a population of 12,000 or more but less than 25,000 inhabitants after the most recent federal decennial census shall continue to operate under subsection (b) for 30 days after the release of the federal decennial census.
(2) During the 30-day period, by ordinance adopted by a majority vote of the council and the mayor together, the city may elect to continue to operate pursuant to subsection (b) as it relates to the exercise of the legislative functions of the mayor until the release of the next federal decennial census.
(3) Thereafter, if the city continues to have 12,000 or more but less than 25,000 inhabitants after the most recent federal decennial census, by the same procedure, the city may elect to continue to operate under subsection (b) as it relates to the exercise of the legislative functions of the mayor until the 30 days after the release of the next federal decennial census.
(d) The aldermen in the cities or towns shall be elected by the city or town at large at the first general election held on the fourth Tuesday in August, 1984, and quadrennially thereafter, or from wards as the councils may determine, not less than six months before an election, and shall receive such salary as the council may prescribe, which must be fixed by the council not less than six months prior to each general municipal election.
(e) Provided, however, the six-month requirement in this section may be waived when necessary to comply with a mandate by the U.S. Justice Department pursuant to the Voting Rights Act of 1965, as amended, or with an order issued by a state or federal court.
Last modified: May 3, 2021