Wyoming Association of Municipal Clerks and Treasurers

Council Appointments Due to Vacancies / Tie Break

October 2017

Question ~

Recently we had a council member resign, leaving 3 sitting Council Members. What happens if the Mayor and 3 remaining council members cast their vote on appointment and the result is a tie?

Answer ~


WY Statute 15-1-108


15‑1‑108.  Powers and duties of mayor; appointment of mayor pro tem.


(a)  Unless otherwise provided by statute, the mayor shall:


     (i)  Preside at all meetings of the governing body, and in his absence a councilman shall be appointed to act as mayor pro tem;


     (ii)  Have superintending control of all officers and affairs of the city or town;


     (iii)  Take care that the ordinances and laws are complied with;


     (iv)  Administer oaths;


     (v)  Sign commissions and appointments and all bonds, contracts and other obligations required to be signed in the name of the city or town; and


     (vi)  Have one (1) vote on all matters coming before the governing body upon which a vote is taken, except a vote:


           (A)  To override a veto;


          (B)  To confirm an appointment other than a vote to break a tie vote of the governing body; and


          (C)  Pursuant to a hearing for removal or discharge as provided in W.S. 15‑2‑102(b)(iv)(C) or 15‑3‑204(b)(iv)(C).


 (b)  Repealed by Laws 1984, ch. 15, § 2.

Last updated 10/26/2017 7:49:16 AM