Agenda - Charter Commission - 10/26/2022

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Part 1 of Section 4.5 — Option 3 Vacancies filled no later than next legally feasible November election day, except no special election for vacancies after the notice period cut-off for November election in third year. Sec. 4.5. - Vacancy of municipal elected office. 4.5.1 In the event that a vacancy in an elected office of the city occurs, a special election shall be held no later than the first Tuesday after the first Monday in November following the vacancy to elect a successor to serve for the remainder of the unexpired term. However, if holding a special election on the first Tuesday after the first Monday in November immediately following the vacancy would not permit compliance with all required notice provisions in this charter or state law, the special election shall be held no later than the first Tuesday after the first Monday in November of the calendar year following the vacancy. In the event that a vacancy in an elected office of the city occurs in the third year of the term at such time as would not permit compliance with all required notice provisions in this charter or state law, or in the fourth year of the term, no special election shall be held. 4.5,2 A person elected at a special election held pursuant to this section to fill the balance of the unexpired term shall take office immediately after being qualified. 4.5.3 In the event of a vacancy in an elected office of the city, the council shall, by a majority vote, appoint a successor to serve the balance of the unexpired term or until a successor elected at a special election held pursuant to this section is qualified. 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 the tie vote. 4.5.4 The procedure at such election shall conform as nearly as practicable to that prescribed for other municipal elections under this Charter. 12