Vacancies in Council

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  1. A vacancy shall exist if a council member:
    1. Resigns;
    2. Dies;
    3. Moves the member's residence from the district in which the council member was elected;
    4. Has been continuously disabled for a period of six (6) months so as to prevent the council member from discharging the duties of such office;
    5. Fails to attend sixty percent (60%) of regular council meetings in any period of six (6) consecutive months;
    6. Accepts any state, county or other municipal office or position of employment that is filled by public election or that is remunerative, except as a notary public or member of the national guard; or
    7. Is convicted of malfeasance or misfeasance in office, a felony, a violation of the charter, or a violation of the election laws of the state.
  2. A vacancy shall be filled within thirty (30) days, by an affirmative vote of a majority of the remaining council members, the appointee to serve until the next regular city or county election, whichever is first held. If a tie vote by the council to fill a vacancy is unbroken for thirty (30) days, the mayor shall appoint a qualified person to fill the vacancy. No appointment to fill a vacancy shall be made within sixty (60) days prior to any regular city election.


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