Agenda - Council - 07/22/2008 - Laserfiche WebLink

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EXISTING CHARTER PROVISIONS Section 2.5 Vacancies. A vacancy in the council, whether it be in the office of mayor or councilmember, shall be deemed to exist in the case of the failure of any person elected thereto to qualify, or by reason of the death, resignation in writing filed with the city clerk, removal from office, non-residence in the city, conviction of a felony of any such person after his/her .election, or by reason of the failure of any councilmember without good cause to attend council meetings for a period of three consecutive months. In each such case, the council shall, by resolution,. declare the vacancy to exist and such vacancy shall be filled according to the provisions of Section 4.5. 4.5.5 When a vacancy in an elected office of the 1 the vacanc 1 shall coinc de withtthe regular municipal election date, the special election to fil Y regular election. If the vacancy occurs within sixty days prior to the regular election date, the notice of such vacancy shall be published as soon as is practicable. If, within the 120 day period before a regular municipal election, the vacancy occurs in the office of the mayor or in the office of any councilmember whose seats is to be decided in the election, said vacancy shall be considered not to exist for the purposes of the election. However, if such vacancy occurs in the office of either of the other two councilmembers, the seat shall be .filled by the candidate .for councilmember with the third highest vote total, or in the case of two vacancies, the third and fourth highest vote totals at the upcoming election. Where two vacancies exist, the candidate with the third highest total shall fill the vacancy in the office having the longest unexpired term: REDLINED DRAFT OF CHARTER SECTION 2.5 Section 2.5 Vacancies. A vacancy in the council, whether it be in the office of mayor or councilmember, shall be deemed to exist in the case of the failure of any person elected thereto to qualify, or by reason of the death, resignation in writing filed with the city clerk, removal from office, non-residence in the city, conviction of a felony of any such person after his/her election, or by reason of the failure of any councilmember without good cause to attend council meetings for a period of three consecutive months. In each such case, the council shall publicly declare by resolution; the vacancy to exist within fifteen (15) days of its occurrence and such vacancy shall be filled according to the provisions of Section 4.5. At the same time as the resolution declaring~the vacancy is adopted the council shall appoint a current councilmember to act as a liaison for those residents whose councilmember's seat is vacant. The liaison so a ointed shall serve until the vacanc has been filled. The councilmember a ointed as liaison shall continue to have onl one vote as a councilmember. (Underlined is the proposed amendments) REDLINED DRAFT OF CHARTER SECTION 4.5.5 4 5 5 Office Vacancy when less than eight weeks prior to primary election. -93-