(A) Each candidate, elected to the office of Mayor or Councillor, shall personally appear before the City Clerk at a time and place specified by the City Clerk, but not earlier than after canvass and after the candidate has received the certificate of election and not later than the administration of the oath of office. When the candidate appears, the candidate shall sign a written statement acknowledging receipt of the certificate of election and acknowledging that the candidate is legally qualified to hold office. The City Clerk shall cause a copy of the certificate of election and the written receipt and qualification statement to be filed in the Journal of the Council.
(B) The City Clerk or any other person allowed by law to administer oaths shall administer the oath of office to each candidate who has provided the written receipt and qualifications statement to the City Clerk. A public ceremony repeating the swearing in shall also be conducted on or about January 1 following each election. Officials who have satisfied the requirements of division (A) or (C) of this section shall be deemed to have taken office on January 1 regardless of the date of the public swearing in ceremony.
(C) If a candidate fails to appear as required in division (A) of this section, then the candidate or the candidate's authorized personal representative shall file an affidavit with the City Clerk, not later than 5:00 p.m. on the fifth day after the time specified by the City Clerk pursuant to division (A) of this section, stating that the candidate was unable to personally appear before the City Clerk as required by division (A) of this section. If such an affidavit is timely filed, the candidate shall appear before the City Clerk not later than 5:00 p.m. on the 15th day following the specified date for the commencement of the term of office to provide the election certificate, file the receipt and qualifications statement and take the oath of office.
(D) If a candidate fails to comply with division (A) of this section prior to the specified date for the commencement of the term of office, then the person holding the office shall remain in office until the candidate takes office or the office is declared vacant.
(E) If a candidate fails to comply with division (A) and division (C) of this section, then that office is deemed vacant.
('74 Code, § 1-25-8) (Ord. 18-1993; Am. Ord. 13-1998; Am. Ord. 2018-034; Am. Ord. 2022-041)