§ 3.09. Vacancies; forfeiture of office; filling of vacancies.

(a)

Vacancies. The office of a council member shall become vacant upon his death, resignation, removal from office in any manner authorized by law or forfeiture of his office, such forfeiture to be declared by the remaining members of the council.

(b)

Forfeiture of office. A council member shall forfeit his office if he lacks at any time during his term of office: (1) Any qualification for the office prescribed by this Charter or by law; (2) a proven violation of any expressed prohibition of this Charter; (3) a proven violation of city and/or state code of ethics; or (4) ceases to reside in the district from which the council member was elected.

(c)

Filling of vacancies. A vacancy of the council shall be filled in one of the following ways:   

(1)

If there are fewer than six (6) months remaining in the unexpired term or if there are fewer than six (6) months before the next regular city election, the council by a majority vote, shall choose an interim successor from the district in which the vacancy occurred. The successor will serve to fill the unexpired term.

(2)

If there are more than six (6) months remaining in the unexpired term or more than six (6) months remain before the next regularly scheduled election, the city council will schedule a special election to be held no earlier than thirty (30) days and not later than ninety (90) days following the date the vacancy occurred. Should a primary election become necessary, it shall be scheduled not fewer than fifteen (15) nor more than forty (40) days before the special election. Should at any time the council membership be reduced to less than a quorum, the remaining council members will appoint additional members to serve, subject to filling the vacancies as described above.

(d)

Extraordinary vacancies. In the event that all members of the council are removed by death, disability, law, or forfeiture of office, the governor shall appoint an interim council that shall call a special election as provided in (c) above and such election shall be held in the same manner as the first (1st) election under this Charter.

(Adopted by electorate, 11-2-76; Amendment adopted by electorate, 9-4-84; Amendment adopted by electorate, 11-2-04)