Skip to main content
Loading…
This section is included in your selections.

(1) An elective office shall become vacant when one of the following occurs:

(a) death;

(b) total permanent incapacity as determined by a panel of three physicians;

(c) resignation;

(d) recall of the officer;

(e) a Councilmember's absence from three consecutive regular meetings of the Council, without being excused by the Council;

(f) absence from the County for 30 days without being excused by the Council; or

(g) failure to maintain residence within the district from which elected.

(2) The Council shall fill a vacancy in a partisan office by appointment from a list of three people submitted by the County central committee of the major party represented by the official in office immediately prior to the declaration of vacancy. In the event this official was elected from a non-major party, or stated no party preference, the vacancy shall be filled in the same manner as a nonpartisan office. The Council shall fill a vacancy in a nonpartisan office by appointment from applicants responding to a public request for applications for the vacant nonpartisan office.

(3) Vacancies in an elective position shall be filled at the next November general election, unless the vacancy occurs after the last day for filing declarations of candidacy, in which case the vacancy shall be filled at the next succeeding November general election. The person elected shall take office upon certification of the results of the election, and shall serve the unexpired term of the vacated office. Until a successor has been elected and certified, a majority of the Council shall fill the vacancy by appointment. All persons appointed to fill vacancies shall meet the qualifications set in Section 4.30.

(4) An elective official shall be suspended with pay upon an information or indictment for a felony being filed against the official, such suspension continued until conviction, acquittal or dismissal of such charges, and shall be removed from office upon being convicted thereof. (Amendment No. 50 proposed by Ordinance No. 2018-50, Approved November 6, 2018; Amendment No. 46 proposed by Ordinance No. 2017-35, Approved November 7, 2017; Originally Adopted November 4, 1980)

AMENDMENT NO. 46, Approved November 7, 2017:

(2)    The Council shall fill a vacancy in a partisan office by appointment from a list of three people submitted by the County central committee of the party represented by the official in office immediately prior to the declaration of vacancy. The Council shall fill a vacancy in a nonpartisan office by appointment from applicants responding to a public request for applications for the vacant nonpartisan office.

ORIGINAL TEXT Adopted November 4, 1980:

(2)    The Council shall fill a vacancy from a list of three people submitted by the County central committee of the party represented by the official in office immediately prior to the declaration of vacancy. In the event that this official was elected as an independent, the vacancy shall be filled by the Council with an individual who certifies to be of the same affiliation.