SF0066 - Cities and towns-election of police chief.
|
2001 |
State of Wyoming |
01LSO-0378 |
SENATE FILE NO. SF0066
Cities and towns-election of police chief.
Sponsored by: Senator(s) Goodenough
A BILL
for
1 AN ACT relating to
officers of cities and towns; providing for
2 the
election of the chief of police; specifying circumstances
3
when election is required; conforming provisions; and
4
providing for an effective date.
5
6 Be It Enacted by the Legislature of the State of Wyoming:
7
8 Section 1. W.S. 15-3-214 is created to read:
9
10 15-3-214. Proposition to elect chief of police.
11
12 (a) From and
after the first Monday in January, 2002, a
13 chief of police may be elected by the
electors in the
14 respective city or town if a proposition for
the election of
15 the chief of police is submitted to a vote
of the qualified
16 electors in the city or town and a majority
of those casting
17 their ballots vote in favor of election.
Page 1
1
2 (b) The
proposition for election of a chief of police
3
shall, insofar as is consistent with the general purposes of
4
this section, be conducted in accordance with W.S. 22-23-1001
5
through 22-23-1007.
6
7 (c) If the
proposition to elect the chief of police is
8
approved by the electors, an election shall be held at the
9 next
general municipal election for the office of chief of
10 police. The election shall be conducted in
accordance with
11 W.S. 22-23-101 through 22-23-405.
12
13 (d) Any chief
of police who is elected pursuant to a
14 proposition conducted under subsections (a)
and (b) of this
15 section may be appointed in the city or town
if a proposition
16 for the appointment of the chief of police
is submitted to a
17 vote of the qualified electors of the city
or town and a
18 majority of those casting their ballots vote
in favor of
19 appointment. The proposition to appoint the
chief of police
20 shall be conducted in the same manner
provided in subsections
21 (a) and (b) of this section. Nothing in this subsection shall
22 affect the term of office of any chief of
police who was duly
23 elected.
24
Page 2
1 Section
2. W.S. 15-3-204(a), 15-4-104(a)(intro),
2
15-4-206(a), 15-5-105(c), 15-11-102 through 15-11-104 and
3
15-11-105 by creating a new subsection (c) are amended to
4
read:
5
6 15-3-204. Appointed officers; removal;
conditions for
7 appointive office or
position.
8
9 (a) Unless
otherwise provided by ordinance or W.S.
10 15-3-214,
the clerk, treasurer, engineer, attorney, fire
11 chief, police chief, municipal judges and
department heads as
12 specified by ordinance shall be appointed by
the mayor with
13 the consent of the governing body and may be
removed by the
14 mayor. All other appointments, except the
appointment of
15 members of a board or commission, and
removals shall be made
16 by the mayor without consent of the
governing body unless
17 consent is required by separate statute. The
governing body
18 shall determine the method of appointing
members of a board or
19 commission, unless the method of appointing
such members is
20 specified by separate statute. The mayor has
the power to
21 remove any officer appointed under W.S. 15-1-101
through
22 15-10-117 for incompetency or neglect of
duty.
23
Page 3
1 15-4-104. Officers and assistants;
election and removal;
2 vote required; duties.
3
4 (a) Except as provided in W.S. 15-3-214, the
governing
5
body, at its first meeting, or as soon as practicable
6
thereafter, shall elect by majority vote the following
7
officers or as many thereof as may be necessary:
8
9 15-4-206. Management and control of municipal public
10 utility; powers and duties as to employees; exception.
11
12 (a) The
manager shall control and manage the fire
13 department and the police department and may
appoint a chief
14 of the fire department, a chief of the
police department,
15 unless
elected pursuant to W.S. 15-3-214, and any
other
16 employees necessary in those departments.
17
18 15-5-105. Employment and appointments
generally;
19 appointment of chiefs.
20
21 (c) This
section does not apply to the election,
22 appointment, tenure or office of the chief
of police. However,
23 if any member of the police department is elected or appointed
24 chief of police, he shall remain on the list
of eligible
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1
persons certified and his classification remains the same at
2 the
end of his term as chief of police.
3
4 15-11-102. Officers of incorporated
town; terms; how
5 elected.
6
7 (a) The
elective officers of an incorporated town are
8 one
(1) mayor and four (4) councilmen. The term of office of
9
mayor is two (2) years and the term of office of a councilman
10 is four (4) years, and until his successor
is qualified. They
11 are elected at large.
12
13 (b) The chief of police of an incorporated town may be
14 an
elective officer as provided in W.S. 15-3-214.
The term of
15 office
of an elected chief of police is four (4) years.
16
17 15-11-103. Officers of first class
city; terms; how
18 elected.
19
20 (a) The
elective officers of a first class city, not
21 including a city adopting the commission or
city manager form
22 of government, are a mayor and the number of
councilmen
23 determined by the governing body of the city
when they provide
24 for the number of wards in the city. The
term of office of the
Page 5
1
mayor and a councilman is four (4) years and until his
2 successor
is qualified. The mayor shall be elected at large
3 and
the councilmen shall be elected at large or by wards or by
4 a
combination of at large and ward election districts. The
5
governing body of the city shall determine by ordinance at the
6
time wards are created or reorganized whether individual,
7
multimember or at large election districts shall be provided.
8 The
districting system, as approved by the council to apply
9
uniformly to the entire city, may provide individual member
10 election districts, multimember election
districts which do
11 not exceed three (3) council members per
district, or that a
12 portion of the entire membership of the
council not to exceed
13 one-third (1/3) of the total members shall
be elected from an
14 at large district constituting the entire
city. Once
15 established, the districts, except to modify
boundaries
16 because of population changes and to
encompass annexed
17 territory, shall not be altered or amended
more often than
18 each ten (10) years or when the state
reapportions.
19
20 (b) The chief of police of a first class city may be an
21 elective
officer as provided in W.S. 15-3-214.
The term of
22 office
of an elected chief of police is four (4) years.
23
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1 15-11-104. Officers in city or town
with commission
2 government; term; how
elected.
3
4 (a) The
elective officers of a city or town adopting the
5
commission form of government are a mayor, a commissioner of
6
finance and public property, and a commissioner of streets and
7
public improvements. The term of the mayor and each
8
commissioner is two (2) years and until his successor is
9
qualified. They are elected at large.
10
11 (b) The chief of police of a city or town adopting the
12 commission
form of government may be an elective officer as
13 provided
in W.S. 15-3-214. The term of office of
an elected
14 chief
of police is four (4) years.
15
16 15-11-105. Officers in city or town
with city manager
17 government; terms; legislative authority; method of selection;
18 alternative method.
19
20 (c) The chief of police of a city or town adopting the
21 city
manager form of government may be an elective officer as
22 provided
in W.S. 15-3-214. The term of office of an elected
23 chief
of police is four (4) years.
24
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1 Section 3. This act is effective July 1, 2001.
2
3 (END)
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