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 Article IV. EXECUTIVE BRANCH
 Chapter 2. THE MAYOR

  § 4-204. Vacancy in Office.  

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  • (1)

    A vacancy in the office of Mayor caused by death, resignation, removal, suspension or disqualification shall be filled as follows:

    (a)

    If the unexpired term is for less than one year, the district councilmembers shall, by majority vote, elect one of the two councilmembers-at-large to be Mayor for the unexpired term, and a vacancy shall thereupon exist in the office of councilmember-at-large.

    (b)

    If the unexpired term is for one year or more, the vacancy shall be filled by special election, to be called by the Council within ten days after the vacancy occurs and to be held at the earliest available date permitted under the election laws of the state, at which time the electors of the City shall elect a citizen with the requisite qualifications to fill the vacancy for the remainder of the term; provided that if any special or general election is to be held in the City after sixty days and within six months after the occurrence of the vacancy, then the election shall be held in conjunction with such other election.

    (c)

    Pending the election of a Mayor when the length of the unexpired term is one year or more, the district councilmembers shall, by majority vote, appoint one of the two councilmembers-at-large to be acting Mayor during the period from the occurrence of the vacancy until a Mayor is elected and assumes office.

    (2)

    In the absence of the Mayor, the office shall be filled by an acting Mayor who shall be appointed by the Mayor from the two councilmembers-at-large. If within ten days the Mayor should fail to so appoint an acting Mayor, the district councilmembers shall, by majority vote, appoint one of the councilmembers-at-large as acting Mayor.

    (3)

    The appointment of a councilmember-at-large as acting Mayor shall not be deemed to create a vacancy in the office of councilmember-at-large, but while serving as acting Mayor the councilmember shall not perform duties as a member of the Council, except in the case of an ordinance requiring a two-thirds vote of the Council or in order to break a tie vote of the Council, in which case the acting Mayor may vote as a councilmember. A councilmember-at-large appointed acting Mayor shall receive compensation only at the level of a councilmember. A councilmember-at-large no longer serving as acting Mayor may vote on a matter addressed when serving as acting Mayor.