§ 31-4-207 — Mayor - selection

(1) Except as otherwise provided in subsection
(3) of this section, if the mayor is to be elected by and from among the members of
the city council, then at the meeting of the city council at which their terms
commence, as provided in section 31-4-105, the city council shall choose, by a
majority vote, for a term of two years, one of its members as chairperson, who shall
have the title of mayor, and shall also choose, by a majority vote, for a term of two
years, one of its members as vice-chairperson, who shall act as mayor pro tem. In
case of a vacancy in the office of the mayor, the city council shall choose a
successor for the unexpired term.

(2) If the mayor is to be elected from the city at large, the mayor must be
elected by the registered electors of the city at the regular election in the city. The
mayor must be a registered elector who has resided within the limits of the city for
a period of at least twelve consecutive months immediately preceding the date of
the election; except that, in the case of annexation, any person who has resided
within the annexed territory for the time prescribed in this subsection (2) shall be
deemed to have met the residence requirements for the city to which the territory
was annexed. The mayor shall assume office at the next regularly scheduled
meeting of the city council following the mayor's election or upon such earlier date
as the council may specify. Except as otherwise provided in subsection (3) of this
section, the mayor holds office for a term of two years. At the same meeting of the
city council, the city council shall choose, by a majority vote, one of its members to
act as mayor pro tem in the temporary absence of the mayor. The city council may
appoint one of its members acting mayor if both the mayor and the mayor pro tem
are temporarily absent from the city or unable to perform the duties of the mayor. In
case of a vacancy in the office of the mayor, the city council shall choose the
mayor's successor for the unexpired term in the manner provided in section 31-4-205 for filling a vacancy in the office of council member.

(3) The city council may provide, by ordinance, four-year terms for the office
of the mayor. The city council may reinstate two-year terms provided in this section
by ordinance. Any ordinance passed pursuant to this subsection (3) shall be
enacted at least one hundred eighty days before the next regular election and shall
be subject, notwithstanding any emergency declaration, to referendum brought
pursuant to section 31-11-105 or pursuant to an applicable ordinance enacted in
accordance with section 1 of article V of the state constitution. No ordinance
enacted pursuant to this subsection (3) shall extend or reduce the term for which
any person was elected. If a vacancy occurs in the office of the mayor for which a
four-year term is in effect pursuant to this subsection (3), the vacancy shall be filled
as provided in subsections (1) and (2) of this section.

Legislative History

Source: L. 75: Entire title R&RE, p. 1030, � 1, effective July 1. L. 83: Entire section amended, p. 1256, � 8, effective July 1. L. 89: Entire section amended, p. 1289, � 6, effective April 6. L. 91: (2) amended, p. 745, � 12, effective April 4. L. 94: (1) amended, p. 1192, � 92, effective July 1. L. 98: Entire section amended, p. 308, � 1, effective August 5. L. 2021: (2) amended, (HB 21-1071), ch. 367, p. 2423, � 18, effective July 1, 2022. L. 2023: (2) amended, (HB 23-1185), ch. 87, p. 308, � 4, effective August 7.