Chapter 7: Vacancies in Office

            Section 33.  What Creates Vacancy.  An office shall be deemed vacant upon the incumbent's death, incompetence, conviction of a felony, resignation or absence from the City for 30 days without the consent of the Council in case of the Mayor or Councilor; upon the incumbent's ceasing to possess the qualifications necessary for the office; or upon the failure of the person elected or appointed to an office to qualify therefor within three days after the time for the term of office to commence; and in case of the Mayor or a Councilor, upon absence from meetings of the Council for 60 days without the consent of the Council.

[As amended by general election November 7, 2006 (section renumbered).]

            Section 34.  Filling of Vacancies.  
             a) The City Council must fill vacant positions on the City Council by appointment.  The City Council must establish the process for City Council to fill vacant positions by ordinance.  In addition to any other provision the Council adopts, any ordinance establishing a process to fill vacant City Council positions must comply with the following provisions:
                 1.   The City Council must fill any vacant position no later than 60 days after the vacancy is declared.
                 2.   The City Council must invite nominations from the ward with the vacant position.
                 3.   The City Council must interview nominees and hold a public hearing regarding the nominees, prior to the Council voting to make any appointment.
           b) If there is a vacancy in the office of Mayor which occurs 120 or more days prior to the first day of the new term, the vacancy must be filled by a City-wide special election.  The special election must be held within 60 days after a vacancy is declared when possible, or at the next scheduled State election date thereafter.  Should a vacancy occur leaving fewer than 120 days remaining in the term, the candidate who receives the most votes for that office in the regular election will assume office immediately upon validation of the vote.

[As amended by special election held November 2, 2021; special election May 21, 1954; special election November 2, 1976; special election May 19, 1981; and special election November 7, 1995; and general election November 7, 2006 (section renumbered).]