§ 2.04.040. Vacancies.

(a)

Officers. In the event of a vacancy occurring in the office of mayor or vice mayor because of resignation, ouster, disqualification, removal, death or other cause, except expiration of elected term, a notice of vacancy shall be announced at the regular council meeting following the date on which such vacancy occurs. The position shall be filled from among the remaining council members by written ballot of the majority of the governing body at the next regular meeting, at which all the remaining members are present, following notice of vacancy. The written balloting for filling the vacancy of mayor or vice mayor shall be in accordance with the procedures in subsection (b)(5) of this section. If the vacancy of the office of mayor or vice mayor results in a vacancy on the council, then the procedures in subsections (b), (c) and (d) of this section shall control to fill the council vacancy.

(b)

Members. In the event of a vacancy occurring in the membership of the council, other than mayor, because of resignation, death, ouster, disqualification or other reasons except expiration of elected term, a notice of vacancy shall be announced at the first regular meeting following the date on which such vacancy occurs. The vacancy shall be filled pursuant to the following procedure:

(1)

The district advisory board (DAB) within the district having the vacancy shall, following the petition deadline set by the governing body, hold a forum open to the public to screen all candidates who have filed a lawful petition for candidacy.

(2)

At the conclusion of the public forum, said DAB shall, by majority vote of those present, nominate not less than four and not more than five candidates for the governing body to consider.

(3)

If less than four lawful petitions for candidacy are filed and considered by the DAB, the DAB, after the public forum, shall forward all the names of the nominees to the governing body for consideration.

(4)

The DAB shall forward to the governing body in writing the names of the candidates nominated in alphabetical order and not by any ranked order of preference.

(5)

At a regular meeting of the governing body following the receipt of the DAB nomination, at which all the remaining members are present, the remaining members of the governing body shall elect by written ballot from those nominated a new member to fill the unexpired term; provided that, such election shall require a majority vote of the members-elect. In the event the remaining members of the governing body are unable to agree after five ballots, the vacancy election process shall automatically be scheduled for the next two consecutive regular meetings of the governing body. If the remaining members of the governing body are unable to agree by majority vote of the members-elect after five ballots at either of the next two consecutive regular meetings, the tie shall be broken by a coin toss to select the candidate to fill the unexpired term.

(c)

Unexpired Term. The person elected as mayor or council member under subsection (a) or (b) shall fill the unexpired term until the next general city election, at which time the remaining unexpired term shall be filled by election; provided that such vacancy occurs prior to the first day of January in any year of a general city election. If the vacancy occurs after the first day of January in any year of a general city election, the person elected by the remaining council shall hold office for the entire unexpired term.

(d)

Nominees. Candidates to fill the vacant term under subsection (b) shall meet all appropriate qualifications for candidates to such position including that of district residency. Candidates shall be nominated by petition containing not less than one hundred signatures of qualified electors who reside in the district having the vacancy at the time of signing the petition. Such petitions must be filed with the city clerk within three weeks following the notice of vacancy unless a time certain is indicated by the city council at the time of notice of vacancy. The petition shall state the name and place of residence, giving the street and number, of the candidate for the vacant term. The signatures to the petition need not all be appended to one paper, but each signer shall add to his or her signature his or her place of residence, giving the street and number. One of the signers of each such paper shall make oath before an officer competent to administer oaths that the statements thereto are true as he or she believes and that each signature to the paper appended is the genuine signature of the person whose name it purports to be. The city clerk shall determine the sufficiency of the petition, and may rely upon assistance and information from the election commissioner.

(Ord. No. 47-858, § 9, 3-28-08)