Victors will be seated |

Victors will be seated

Nevada City’s newly elected officials will be seated Monday, the city attorney said Thursday.

An elections attorney with the state Attorney General’s Office said the City Council should be seated as soon as possible, said Jim Anderson, Nevada City’s city attorney. That means the new council should be seated at its regular meeting Monday, he said.

Kerry Arnett, the city’s current mayor who won his bid for re-election March 5, and Conley Weaver will be sworn in for their council seats.

Niel Locke, a coffee shop owner, will be sworn in as the new treasurer, and longtime City Clerk Cathy Wilcox-Barnes will begin another term.

Questions were raised earlier this week when Anderson concluded that state election laws conflict with city rules.

Many municipalities do not follow state election codes, he said.

Under state law, the City Council should have been seated on a Tuesday, either April 9 or April 23, Anderson said. State legislation is being considered to clarify the law, he said.

Also, in 1995, the council mistakenly passed a resolution that tied the city’s municipal elections to the state’s primary elections, Anderson said. The council should have passed an ordinance, which unlike a resolution is enforceable, Anderson said.

An ordinance to clarify the situation will be proposed within the next couple of months, he said.

Anderson said he checked the state’s election code when incumbent Treasurer Logan “Gene” Downing, who lost his bid for re-election March 5, said his term ends in June because he was elected in June 1998. Anderson concluded that Downing’s term ends Monday.

Weaver, former chairman of the Planning Commission, said he is looking forward to serving on the council, which is expected to name the city’s next mayor and vice mayor Monday.

Locke has scheduled a party at his shop after Monday’s ceremony. He plans to take the oath in a tuxedo, he said.

“This is a fun night,” Locke said of Monday’s meeting. “The work starts after that.”

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