May a councilmember run for the office of mayor in the middle of the councilmanic term?
Yes. The councilmember does not have to resign from his or her position to run. If elected mayor, then the person would have to resign from the council upon assuming the office of mayor. If the person loses, he or she serves out his or her councilmanic term of office. • Are the actions of a council or board valid if one of its members is later found to have been improperly holding office? Yes. The actions of such a councilmember or commissioner would be valid under the “de facto officer doctrine.” A de facto officer is an officer who has the appearance or reputation of being the officer he or she assumes to be but who, in fact, has no right or title to the office. The person does hold office under some color of right or title, but for some reason is actually ineligible or improperly holding the office. The acts of a de facto officer, although that officer and title may be improper, are valid so far as they concern the public or third persons who have an interest in the thing done. So t
