Chapter V
VACANCIES IN OFFICE

5.01 Vacancy; Forfeiture of Office; Creation of.

The office of an elected official shall, subject to the outcome of a hearing under Section 5.02 of this Article, if any, be deemed forfeited and vacant upon the failure of a person elected or appointed as an elected official to qualify for that office within 10 days after the time for their term of office is to commence; upon the incumbent’s death; adjudicated incompetence; conviction of a felony, misdemeanor involving moral turpitude, or other offense pertaining to their office; unlawful destruction of public records; resignation; recall from office; ceasing to possess the continuing qualifications of office; or for other grounds for forfeiture of office, and upon a declaration by the Council of the vacancy.

5.02 Judge of Qualifications.

The Council shall be the judge of whether the initial and continuing qualifications of elected officials are met, whether grounds for forfeiture of office exist, and whether an office is vacant. An elected official charged with failing to meet initial or continuing qualifications or with conduct constituting grounds for forfeiture of office is entitled to a public hearing on demand, and notice of such hearing shall be published in one or more newspapers of general circulation in the City at least one week in advance of the hearing. Decisions made by the Council under this section are subject to judicial review.

5.03 Filling of Vacancies.

Vacancies in the Council shall be filled by a majority vote of the remaining Councilors. The appointee’s term shall begin immediately upon their appointment and shall continue until the beginning of the year following the next general biennial election and until a successor is qualified. A successor for the unexpired term shall be chosen at the next general biennial election after the appointment which is not less than 60 days from the date the office became vacant. During the temporary disability of any Councilor or during their absence temporarily from the City for any cause, their office may be filled Pro-Tem in the manner provided for filling vacancies in office permanently.