Laserfiche WebLink
CHAPTER 4 - <br />NOMI~ATIO~S AN'D ELECTIONS <br /> <br />Section 4.5. Vacancy of Municipal Elected Office. <br /> <br />4.5.1. When a vacancy in an elected office of the city occurs with 365 days or more <br />remaining in the term of the vacated office, there shall be a special election held within <br />ninety days after the vacancy occurs to elect a successor to serve for the remainder of the <br />unexpired term of the office vacated. <br /> <br />4.5.2.' The city clerk shall give at least sixty days published prior notice of such special <br />election, except as set forth under 4.5.5. ofth/s section. <br /> <br />4.5.3. The procedure at such election and assumption of duties of elected officers <br />foilowing such election shall conform as nearly as practicable to that prescribed for other <br />municipal elections under this charter. <br /> <br />4.5.4. In the case of a vacancy where there remains less than 365 days in the unexpired <br />term, the council shall, by a majority vote, appoint a successor to serve for the remainder <br />of said term. In the case of a tie vote of the council, the mayor, or acting mayor if the <br />office of mayor be vacant, shall make the appointment from the candidates involved in <br />the tie vote. <br /> <br />4.5.5. When a vacancy in an elected office of the city occurs within 120 days prior to a <br />regular municipal election date, the special election to fill the vacancy shall coincide with <br />the regular election. If the vacancy occurs within sixty days prior to the regular election <br />date, the notice of such vacancy shall be published as soon as is practicable. If, within the <br />120 day period before a regular municipal election, the vacancy occurs in the office of the <br />mayor or in the office of either or both of the councilmembers whose seats are to be <br />decided in the election, said vacancy shall be considered not to exist for the purposes of <br />the election. However, if such vacancy occurs in the office of either of the other two <br />councilmembers, the seat shall be filled by the candidate for councilmember with the <br />third highest vote total/or in the case of two vacancies, the third and forth highest vote <br />totals at the upcoming election. Where two vacancies exists, the candidate with the third <br />highest total shall fill the vacancy in the office having the longest unexpired term. <br /> <br />4.5.6. If there are insufficient numbers of candidates in a regular or special election to fill <br />expiring or vacated municipal offices, the city council shall fiI1 said offices by <br />appointment until the next regular mumcipal election. In the case of a tie vote of the <br />council, the mayor shall make said appointment from the candidates under consideration. <br /> <br />-Section 4.1 & 4.2 amended effective January 24, 2001 <br />-Section 4.2.1 repealed effective November 14, 1994 <br />-Section 4.4 & 4.5.2 amended effective January 24, 2001 <br /> <br /> <br />