§ 2.07. Vacancies, forfeitures, filling of vacancies.

(a)

Vacancies. The office of a council member or office of the mayor shall become vacant upon death, resignation, removal from office by recall, or forfeiture of his/her office.

(b)

Forfeiture.

1.

A council member or the mayor shall forfeit his/her office if he/she:

(1)

Lacks at any time during the term of office any qualification for the office prescribed by this charter or by law,

(2)

Violates any express prohibition of this charter,

(3)

Is convicted of a misdemeanor involving moral turpitude, felony or is assessed a deferred adjudication or probation for a felony,

(4)

Fails to attend two (2) consecutive regular meetings unless excused by city council (said excusal may be obtained before or after the absence occurs) caused by sickness or emergency, or

(5)

Moves his/her permanent residence outside the city limits.

2.

If a council member forfeits his/her office, and does not immediately resign, the council and mayor may conduct a hearing to determine if the office holder has forfeited and should vacate his/her office. The hearing shall be held within 30 days of the council, as a body, learning of the alleged forfeiture. The council may, by an affirmative vote of five (5) members, declare the office of said office holder to be forfeited and vacant. Disposition of the matter under this charter is final. Further relief may be sought in a court of law. The office holder subject to the forfeiture shall not have a vote. The mayor shall vote unless he is the office holder subject to the forfeiture.

(c)

[ Filling of vacancies. ] Any city council member or mayoral vacancy shall be filled as follows:

1.

If the vacancy(s) results in an unexpired term of greater than twelve (12) months and within 120 days of the city's general election then the vacancy(s) shall be filled at the general election consistent with state law. Said term of office to be for the unexpired term of the office vacated.

2.

If the vacancy(s) results in an unexpired term of greater than twelve (12) months and outside of 120 days of the city's general election then the vacancy(s) shall be filled at a special election within one hundred and twenty (120) days after such vacancy(s) occur consistent with state law. Said term of office to be for the unexpired term of the office vacated.

3.

If the vacancy(s) results in an unexpired term of twelve (12) months or less and outside of 350 days of the city's general election then the vacancy(s) shall be filled by appointment of the city council upon a two-thirds vote of all city council members. Said term of office to be for the unexpired term of the office vacated.

4.

If the vacancy(s) results in an unexpired term of twelve (12) months or less and within 68 days of the city's general election then the vacancy(s) shall be filled at the general election consistent with state law. Said term of office to be for the unexpired term of the office vacated.

After a vacancy in office is filled by election, if the unexpired term is one (1) year or less, that council member may seek re-election for two (2) additional consecutive terms. If the unexpired term exceeds one (1) year that council member may succeed himself/herself only once. For the purposes of this section the period from one [(1)] annual general election to the next annual general election shall be considered as one [(1)] year or less regardless of the number of calendar days involved.

(Ord. No. 2014-48, § 2, 11-17-14, approved 11-4-14; Res. No. 2018-45, 11-13-18, approved 11-6-18)