Chapter 7: Vacancies in Office

Section 33. What Creates Vacancy. The mayor or a council office becomes vacant:

(a) Upon the incumbent’s:

   (1) Death;

   (2) Adjudicated incompetence; or

   (3) Recall from the office.

(b) Upon declaration by the Council after the incumbent’s:

   (1) Failure to qualify for the office within 10 days of the time the term of office is to begin;

   (2) Absence from the city for 30 consecutive days without Council consent;

   (3) Absence from all meetings of the full Council within a 60-day period without Council consent;

   (4) Absence from greater than one-quarter of all meetings of the full Council within a calendar year, calculated based only on those meetings during which the incumbent was in office;

   (5) Ceasing to reside in the city; 

   (6) Ceasing to be a qualified elector under state law;

   (7) Ceasing to possess the qualifications necessary for the office;

   (8) Conviction of a misdemeanor or felony crime; or

   (9) Resignation from the office.

For purposes of this section, “meetings of the full Council” means regular Council meetings and Council work sessions.

[As amended by special election May 19, 2026; and general election November 7, 2006 (section renumbered).]

Section 34. Filling of Vacancies. A mayor or councilor vacancy shall be filled by appointment by a majority of the remaining Council members. Notwithstanding the quorum requirement set forth in Section 16, if at any time Council membership is reduced to less than five, the remaining members may, by majority action, appoint additional members to raise the membership to five. As little as a single Council member may constitute a majority for purposes of filling vacant Council seat(s), if all other Council seats are vacant, and the Mayor may vote and constitute a majority for purposes of filling vacant Council seats, if all Council seats are vacant. The appointee’s term of office runs from appointment until expiration of the term of office of the last person elected to that office.  If a disability prevents a Council member from attending Council meetings or a member is absent from the city, a majority of the Council may appoint a councilor pro tem.

[As amended by special election May 19, 2026; 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).]