Updated November 2002 - Laserfiche WebLink

Home

by publishing a notice thereof'at least once in.the official newspaper of the city stating the time and the places of holding such election. Section 4.5 Vacancy of Municipal Elected Office. 4.5.1 When a vacancy in an elected office of the city occurs with 365 days or more remaining in the term of the vacated office, there shall be a special election held within ninety days after the vacancy occurs to elect a successor to serve for the remainder of the unexpired term of the office vacated. 4.5.2 The city clerk shall give at least sixty days published prior notice of such special election, except as set forth under 4.5.5 of this Section. 4.5.3 The procedure at such election and assumption of duties of elected officers following such election shall conform as nearly as practicable to that prescribed for other municipal elections under this charter. 4.5.4 In the case of a vacancy where there remains less than 365 days in the unexpired term, the council shall, by a majority vote, appoint a successor to serve for the remainder of said term. In the case of a tie vote of the council, the mayor, or-acting mayor if the office of mayor be vacant, shall make the appointment from the candidates involved in tl~e tie vote. 4.5.5 When a vacancy in an elected office of the city occurs Within 120 days prior to a regular municipal election date, the special election to fill the vacancy shall coincide with the 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 either or both of the councilmembers whose seats are 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 councihnember with the third highest vote total, or in the case of two vacancies, the third and forth highest vote totals at the upcoming election. Where two vacancies exists, the candidate with the third highest total shall fill the vacancy in the office having the longest Unexpired term. 4.5.6 If there are insufficient numbers of candidates in a regular or special election to fill expiring or vacated municipal offices, the city council shall fill said offices by appointment until the next regular municipal election, in the.case of a tie vote of the council, the mayor shall make said appointment from tl~e candidates under consideration. - Sectio~ 4.I & 4.2 amended by Ordinance - effective January 24, 2001 - Sectio~ 4.1.1 added by General Election, No-Oember 6~ 2001 - effective December 6, 2001 - Sectio~ 4.2 amended by General Election, November 6, 2001 - effective December 6, 2001 - Sectio~ 4.2.1 Repealed effective November 14, 1994 - Section 4.4 & 4.5.2 amended by Ordinance - effective January 24, 2001 9