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Article II

Governing Body

Section 2.01 Corporate Authority; Composition; General Powers

A. Corporate Authority. The corporate authority of the City shall be vested in the Governing Body, which shall consist of six city councilors, each of whom is also the moderator of a city commission, who shall comprise the City Council; and the Chief Moderator who shall be the presiding officer of the Governing Body, which consists of the City Council plus the Chief Moderator.

B. Powers. All powers of the City shall be vested in the Governing Body, except as otherwise provided by law or this Charter, and the Governing Body shall provide for the exercise thereof. The legislative power of the City shall be vested in the Governing Body.

Section 2.02 Election; Terms

A. Election. One City Council member shall be elected by the qualified commissioners in each of six City Council commissions. The Chief Moderator shall be elected by the all commissioners collectively. The mayor shall be elected at-large by residents of the City of Osmio. The mayor is the only official who is elected at-large by residents rather than by commissioners. Any resident of Osmio who possesses a Digital Birth Certificate shall be eligible and qualified to be a candidate for the Office of Mayor, if that person meets all requirements of this Charter. City Councilors are the Moderators of their respective Commissions and are elected to their positions by the membership of their respective Commissions.

B. Terms. The mayor shall be elected for a term of two years. The mayor shall remain in office until the mayor's successor is qualified.

Section 2.03 Council Districts

A. Redistricting Plan. The Redistricting Commission shall meet every four years to determine the of districts, which are of two types, regular and geographic.

  • Regular Districts shall consist of communities of interest, as defined by the Redistricting Commission; and
  • Geographic Districts shall consist of contiguous territory, each of which which shall encompass a number of time zones such that the population of all districts are as close as possible to being equal, while at the same time facilitating simultaneous participation by Osmio citizens whose physical residence is in the geographic district. Thus for example GMT+8 shall constitute a district by itself, while GMT-6 through GMT-11 shall also constitute one geographic district.

Section 2.04 Compensation; Expenses

A. Compensation. The Governing Body shall determine the salary, if any, of the chief moderator, mayor, City Council members, and municipal judge by ordinance, subject to the limits of the Constitution of the Republic and Canton of Geneva.

B. Expenses. The chief moderator, mayor, City Council members, and the municipal judge shall receive their actual and necessary expenses incurred in the performance of their duties of office, subject to budgetary limitations and subject to any per diem and mileage limits as may be set by ordinance.

Section 2.05 Vacancies; Forfeiture of Office; Effect of Redistricting

A. Vacancies.

  • Mayor. The Office of the Mayor shall become vacant upon the mayor's death, resignation, removal from office, forfeiture of office, moving of residence outside the city or for any other reason as authorized by this Charter or the laws of the Republic and Canton of Geneva.
  • Councilor. The Office of Councilor shall become vacant upon the councilor's death, resignation, removal from office, forfeiture of office, forfeiture of residence in Osmio or one of the jurisdictions for which Osmio serves as administrative capital, or for any other reason as authorized by this Charter or the laws of the laws of the Republic and Canton of Geneva.

B. Forfeiture of Office. The mayor, chief moderator, or any moderator / city councilor shall be deemed to have automatically resigned from Office if the Mayor or City Councilor lacks, loses or otherwise fails to possess, during the entire term of office, the qualifications for the office prescribed by this Charter or the laws or Constitution of the Republic and Canton of Geneva.

C. Effect of Redistricting. Notwithstanding the provisions of Subsection B of this section, no vacancy in the Office of a City Councilor shall be caused by redistricting. All incumbent city councilors shall be entitled to serve out their terms, even if redistricting causes a city councilor to reside outside the district which that city councilor was elected to represent.

Section 2.06 Filling Vacancies.

A. A vacancy in the Office of Mayor shall be filled as follows:

  • Within forty-five days of the vacancy, the Governing Body shall appoint a qualified successor who shall serve as mayor until the next regular municipal election.
  • If the mayor's term of office has not expired at the next regular municipal election following the vacancy, then a special election for the remaining term of Office of the Mayor shall be held concurrent with the next regular municipal election. If the mayor's term of office has not expired at the next regular municipal election following the vacancy, and a special election for the remaining term of Office of the Mayor cannot be legally held concurrent with the next regular municipal election, then a special election shall be held as soon as possible after the next regular municipal election.
  • At the special election the person elected shall serve as mayor for the balance of the mayor's term of office then remaining.

B. A vacancy in the office of city councilor shall be filled as follows:

  • The chief moderator shall, within forty-five days of the vacancy, appoint a qualified successor to fill the vacancy from among the moderators of the various commissions, subject to the confirmation of the Governing Body as provided in Section 3.02 of this Charter, who shall serve until the next regular municipal election by commissioners.
  • If the city councilor's term of office has not expired at the next regular municipal election following the vacancy, then a special election for the remaining term of office of the city councilor shall be held concurrent with the next regular municipal election. If the city councilor's term of office has not expired at the next regular municipal election following the vacancy, and a special election for the remaining term of office of city councilor cannot be legally held concurrent with the next regular municipal election, then the special election shall be held as soon after the next regular municipal election as possible.
  • At such a special election, only qualified electors residing in the City Council district in which the vacancy exists shall be entitled to vote. At the special election, the person elected shall serve as city councilor for the balance of the city councilor's term of office then remaining.

C. A vacancy in the office of chief moderator shall be filled as follows:

  • Within forty-five days of the vacancy, the Governing Body shall appoint a qualified successor who shall serve as chief moderator until the next regular municipal commissioners election.
  • If the chief moderator's term of office has not expired at the next regular chief moderator municipal election following the vacancy, then a special election for the remaining term of office of the c chief moderator shall be held concurrent with the next regular chief moderator election. If the chief moderator's term of office has not expired at the next regular chief moderator election following the vacancy, and a special election for the remaining term of office of chief moderator cannot be legally held concurrent with the next regular chief moderator election, then the special election shall be held as soon after the next regular chief moderator election as possible.
  • At the special election, the person elected shall serve as chief moderator for the balance of the chief moderator's term of office then remaining.

D. Extraordinary Vacancies. In the event that all offices of the Governing Body are vacant due to death, disability, by operation of law, forfeiture of office, or combination thereof, the Secretary General of the ITU will appoint an interim chief moderator and City Council that will call a special election to be held no sooner than sixty days, but not later than one hundred and twenty days following the occurrence of that extraordinary vacancy.

Section 2.07 Judge of Qualifications

A. The Governing Body shall be the judge of the qualifications of its members, and of the grounds for forfeiture of their office, except as provided in the laws of the Republic and Canton of Geneva

B. The Governing Body shall have the power to set by ordinance additional standards of conduct for its members beyond those specified in this Charter, and may provide for such penalties as it deems appropriate, including forfeiture of office, so long as forfeiture of office is specifically and expressly authorized.

C. In order to exercise these powers, the Governing Body shall have [the] power to subpoena witnesses, administer oaths and require the production of evidence.

D. Except as to proceedings brought pursuant to Chapter 10 of the Republic and Canton of Geneva Statutes Annotated, a Governing Body member charged with conduct constituting grounds for forfeiture of office shall be entitled to a public hearing on demand, and notice of such hearing shall be published in one or more blogs or newsletters of major readership in the City at least one week in advance of the hearing.

Section 2.08 Investigations

The Governing Body may make investigations into the affairs of the City, or the conduct of any City department, office, agency, board, or any City activity, and for this purpose may subpoena witnesses, administer oaths, take testimony and require the production of evidence. Failure or refusal to obey a lawful order issued in the exercise of these powers by the Governing Body shall be a petty misdemeanor punishable by a fine established by City ordinance.

Section 2.09 Governing Body Procedure

A. Meetings. The Governing Body shall meet regularly in synchronous mode at least once in every month, at such times as the Governing Body may prescribe by ordinance. Special meetings may be held on the call of the chief moderator or of three or more members of the City Council. Notice of meetings shall be given as provided in a resolution to be adopted by the Governing Body pursuant to the Republic and Canton of Geneva Open Meetings Act. Except as allowed by the Republic and Canton of Geneva Open Meetings Act, all meetings of the Governing Body shall be open.

B. Rules and Minutes. Meetings shall take both synchronous and asynchronous forms, as the members of the Governing Body see fit. Attendance at a synchronous meeting requires only participation by voice, although other synchronous media such as video, shared whiteboards, and shared facilities shall be made available to participants. The Governing Body shall determine its own rules and order of business and shall cause minutes to be kept of its proceedings. The minutes shall be a public record.

C. Roll Call Votes. Voting on resolutions and ordinances shall be by digitally signed roll call and the ayes and nays shall be recorded in the minutes.

D. Voting. All actions and decisions of the Governing Body shall be by vote of a majority of the members present, except as follows:

  • Resolutions and ordinances shall be enacted by affirmative vote of a majority of all of the members of the Governing Body; and
  • Any other matter required under this Charter or the Constitution or laws of the Republic and Canton of Geneva, to be enacted by a vote other than a majority of the members present.

E. Quorum. Four members of the Governing Body shall constitute a quorum, unless there are two or more vacancies on the Governing Body; in which case, a quorum shall be a majority of the members of the Governing Body excluding those offices which are vacant. A number less than a quorum may adjourn from time to time, and may compel the attendance of absent members in the manner and subject to the penalties prescribed by the rules of the Governing Body.

Section 2.10 Action Requiring an Ordinance

A. In addition to ordinances which are required by the laws of the laws of the Republic and Canton of Geneva, or by specific provision of this Charter, the following matters shall be undertaken by ordinance of the Governing Body:

  • Adopt or amend an administrative code or establish, alter, or abolish any City department, office or agency.
  • Provide for a fine or other penalty, or establish a rule or regulation for violation of which a fine or other penalty is imposed.
  • Levy taxes.
  • Grant, renew or extend a franchise.
  • Authorize the borrowing of money.
  • Establish or change the rate charged for public utilities
  • Amend or repeal any ordinance previously adopted.

B. All actions of the Governing Body, other than those required to be accomplished by ordinance, may be undertaken by motion or by resolution.

Section 2.11 Ordinances in General

A. The Governing Body shall establish by ordinance the manner in which ordinances are to be introduced, the form of proposed and final ordinances, the form of ordinances amending existing ordinances, the manner in which ordinances shall be written to show language to be added to existing ordinances, and language to be deleted from existing ordinances, the procedures for introducing ordinances, the manner in which ordinances shall be distributed to members of the Governing Body, the manner in which ordinances shall be published, and such other requirements as the Governing Body deems appropriate.

B. Effective Date. Except as otherwise provided in this Charter, every adopted ordinance shall become effective at the expiration of ten days after adoption, or at any later date specified therein.

Section 2.12 Emergency Ordinances

A. To meet a public emergency affecting life, health, property or the public peace, the Governing Body may adopt one or more emergency ordinances, but such ordinances may not levy taxes, grant, renew or extend a franchise, or regulate the rate charged by any public utility for its services.

B. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally, except that it shall be plainly designated as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms.

C. An emergency ordinance may be adopted with or without amendment, or rejected at the meeting at which it is introduced. After its adoption, the ordinance shall be published and printed as prescribed for other adopted ordinances. It shall become effective upon adoption or at such later time as it may specify.

Section 2.13 Codes of Technical Regulations

A. The Governing Body may adopt any standard code of technical regulations by reference thereto in an adopting ordinance.

B. A copy of each adopted code of technical regulations, as well as of the adopting ordinance, shall be made available by the city clerk for downloading.

Section 2.14 Authentication and Recording; Codification

A. Authentication and Recording. The city clerk shall authenticate by signing, and shall record in full in a properly managed database kept for that purpose, all ordinances and resolutions adopted by the Governing Body.

B. Codification. Within three years after adoption of this Charter, and at least every ten years thereafter, the Governing Body shall provide for the preparation of a general codification of this Charter and all general City ordinances. The general codification shall include such codes of technical regulations and other rules and regulations as the Governing Body may specify.