§ 3.03. Vacancies.  


Latest version.
  • (a)

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

    (b)

    Forfeiture of office. A Commissioner shall forfeit his office if the Commissioner:

    (1)

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

    (2)

    Violates any standard of conduct or code of ethics established by law for public officials, such violations to be determined by a majority of the remaining members of the Commission, or

    (3)

    Is absent from four (4) consecutive regular meetings of the City Commission unless such absence is excused officially by the City Commission or unless such absence is due to illness, or

    (4)

    Fails to qualify for office after having been elected under the provisions of this Charter.

    (c)

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

    (1)

    If there is less than six (6) months remaining in the unexpired term or if there are less than six (6) months before the regular City election, the Commission by a majority vote of the remaining members may choose a successor to serve until a newly elected Commissioner is qualified. If two (2) years remain in the term of the vacant seat at the time of the next regular election, that seat shall be filled by election for the remaining two (2) years.

    (2)

    If there is more than six (6) months remaining in the unexpired term and no regular city election is scheduled within six (6) months, the Commission may fill the vacancy on an interim basis and a majority of the remaining Commissioners shall then schedule a special election to be held not sooner than ninety (90) days following the occurrences of the vacancy.

    (d)

    Extraordinary vacancies. In the event that a majority of the Commission offices are vacated under the terms of this section then the Governor shall be requested to appoint sufficient Commissioners to fill all such vacancies and the Commission shall then call a special election as it is provided in paragraph (c) above and such election shall be accomplished in the same manner as the first election required under this Charter.

(Ord. No. 78-114, § 1, 6-6-78; Ord. No. 2014-109, § 2, 5-7-14, election of 11-4-14)