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

(a)

Vacancies. The office of a member of the council shall become vacant upon his death, resignation, removal from office in any manner authorized by law, or forfeiture of his office under the provisions of this Charter.

(b)

Forfeiture of office. A member of the council shall forfeit his office:

(1)

If he lacks at any time during his term of office any qualification for the office prescribed by this charter or by law;

(2)

If he is absent from three (3) consecutive regular council meetings, unless first granted a leave of absence by the city council or otherwise excused by the city council and the reason for such leave of absence or excuse is recorded in the minutes of the meeting at which the action is taken; or

(3)

If he is convicted of a felony.

Forfeiture of the office of a member of the council shall be declared by the remaining members and shall be effective as of the date such declaration is made. A member charged with conduct constituting grounds for forfeiture of his office shall be entitled to a public hearing on demand, and notice of such hearing shall be published in one (1) or more newspapers of general circulation in the city at least one (1) week in advance of the hearing. Such hearings shall be conducted in accordance with such rules as may be adopted by the city council by ordinance.

(c)

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

(1)

By special election when:

a.

The vacancy occurs more than six (6) months prior to the date of the next regular city election; or,

b.

The vacancy occurs in a council that is not regularly scheduled to be on the ballot at the next regular city election and occurs at a time that is determined by vote of a majority of the remaining members of the council to be so close to the date of the election that it would be impractical to include it on the ballot due to the time required for qualifying of candidates or for enlarging the ballot, or for other reasons.

(2)

At the next regular city election, except when the vacancy is to be filled by special election in accordance with the provisions of this section.

Notwithstanding any quorum requirements established herein, if at any time the membership of the council is reduced to less than a quorum, the remaining members may by majority vote act to fill the vacancies in accordance with the provisions of this section.

(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 in accordance with the provisions of this section and such election shall be held in the same manner as the first election under this charter.

(e)

Special elections. Special elections to fill vacancies on the council shall be held as soon as practical to allow time for the qualifying of candidates. Procedures for the conduct of regular city elections, to the extent applicable, shall govern the conduct of such special elections.

(Ord. No. 12-19, § 2, 11-13-12)