Chapter VII VACANCIES IN OFFICE

Section 34 What creates vacancy.

Section 35 Filling of vacancies.


Section 34 What creates vacancy.

An office shall be deemed vacant upon the incumbent’s death; adjudicated incompetence; conviction of a felony, conviction of a misdemeanor involving theft, dishonesty, fraud or crimes of violence, other offense pertaining to his or her office or unlawful destruction of public records; resignation; recall from office; or ceasing to possess the qualifications for the office; upon the failure of the person elected or appointed to the office to qualify therefore within ten days after the time for his or her term of office to commence; or in the case of a mayor or council person, upon ceasing to maintain the City as such officer’s primary place of abode and domicile for 30 days without the consent of the council or mayor, or upon his or her absence from two consecutive regular meetings of the council for sixty (60) days without like consent, and upon a declaration by the council of a vacancy.

Section 35 Filling of vacancies.

Vacancies in elective offices in the city shall be filled by a majority of the incumbent members of the council. The appointee’s term of office shall begin immediately upon his or her appointment and shall continue throughout the unexpired term of his or her predecessor. During the temporary disability of any officer or during his or her absence temporarily from the city for any cause, his or her office may be filled pro tem in the manner provided for filling vacancies in office permanently.