§ 3-04. Vacancies.

A.

The office of mayor shall become vacant upon the death, resignation, removal from office in any manner authorized by law, forfeiture of office by the officeholder or failure to take office for any reason.

B.

The office of mayor shall be forfeited if the officeholder:

(1)

Lacks at any time during the term of office any qualification for the office prescribed by this charter;

(2)

Violates any express prohibition of this charter; or

(3)

Is disqualified by law from holding public office.

C.

1.

If a vacancy in the office of mayor occurs less than one (1) year prior to the expiration of the term of office, the Council member at large receiving the greatest number of votes shall serve as mayor for the remainder of the term. The appointee shall have the right to seek the office at the next regular election held for the purpose of filling the office. In the event both Council Members at-large received equal numbers of votes at the most recent election for the Council at-large seat, then the appointee shall be determined by a majority vote of the authorized membership of the Council.

2.

If a vacancy in the office of mayor occurs more than one (1) year prior to the expiration of the term of office, the Council member at large receiving the greatest number shall serve as mayor until the office is filled by a vote of the qualified electors voting in a special election called by the Council within fifteen (15) days after the vacancy occurs. The election shall be held according to the timetable and procedures established by state law for the filling of vacancies in elected local offices. The appointee shall have the right to seek the office at the next regular election held for the purpose of filling the office. In the event both Council Members at-large received equal numbers of votes at the most recent election for the Council at-large seat, then the appointee shall be determined by a majority vote of the authorized membership of the Council.

3.

The Council member serving as mayor shall not have a vote on the Council or otherwise participate in Council activities as a member thereof while serving as mayor.

4.

The Council member serving as mayor shall be compensated at a rate equal to that of the mayor for the period served.

D.

Should the council member at large receiving the greatest number of votes be unwilling or unable to serve as acting mayor as provided above, the council member at large receiving the next greatest number of votes shall serve. The council shall provide by ordinance for situations in which both at large council members are either unwilling or unable to serve in the capacity of acting mayor as a result of a vacancy in the office.

E.

Any person serving as acting mayor due to a vacancy in the office of mayor as defined in this section shall be paid at a rate equal to that of the mayor for the period served.

(Ord. No. 1270, 7-8-1980; Res. No. R08-65, 1—3(Prop. 3), 11-18-2008)