(a) A vacancy occurring in the office of member of the County Council prior to the expiration of the term shall be filled as provided in this section.
(b) If a vacancy occurs during the first 12 months of a term, a new member shall be nominated and elected by the qualified voters of the councilmanic district in which the vacancy occurs, at the same time as members of the House of Representatives of the Congress of the United States are nominated and elected and in the manner provided by law. In the interim until a new member is elected, the vacancy shall be temporarily filled by a majority vote of the remaining members of the County Council, within 30 days after the vacancy occurs. If the County Council fails to appoint a temporary member within 30 days, the State Central Committee of Anne Arundel County representing the political party to which the previous member belonged at the time of the member's most recent election shall, within ten days, select and present to the County Executive an appointee from the remaining applicants receiving at least one vote at the last ballot roll call of the County Council. The County Executive shall immediately appoint the person selected by the Central Committee. If the previous member belonged to a political party without a Central Committee, the County Council shall provide a list of the remaining applicants receiving at least one vote at the last ballot roll call of the County Council, one of whom shall be appointed by the County Executive within five days.
(c) If a vacancy occurs after the first 12 months of a term, the vacancy shall be permanently filled within 30 days of the vacancy by a majority vote of the remaining members of the County Council. If the County Council fails to appoint a new member within 30 days, the State Central Committee of Anne Arundel County representing the political party to which the previous member belonged at the time of the member's most recent election shall, within ten days, select and present to the County Executive an appointee from the remaining applicants receiving at least one vote at the last ballot roll call of the County Council. The County Executive shall immediately appoint the person selected by the Central Committee. If the previous member belonged to a political party without a Central Committee, the County Council shall provide a list of the remaining applicants receiving at least one vote at the last ballot roll call of the County Council, one of whom shall be appointed by the County Executive within five days.
(d) A new member appointed by the County Council or the County Executive, either temporarily or permanently, or elected by the voters shall be a resident of the councilmanic district in which the vacancy occurs.
(e) If the former member whose position is being filled was a member of a political party, a new member appointed by the County Council or the County Executive, either temporarily or permanently, shall be registered in the same political party as the former member for the 12-month period immediately prior to the appointment by the County Council or the County Executive.
(f) The County Council shall hold public interviews of candidates to fill the vacancy, whether temporary or permanent, and the Council shall appoint the new member from among those persons interviewed.
(g) A new member appointed permanently by the County Council or the County Executive, or elected by the voters shall serve the unexpired term of the former member and until a successor is duly elected and qualified.
(h) For a member of the County Council who is a member of a reserve component of the United States Armed Forces a vacancy shall be deemed to occur, for purposes of this section, on the date that begins active federal or State service based on an order calling the member of the County Council to active service for a period of time exceeding 180 consecutive days.
(Bill No. 69-72; Res. No. 67-86; Res. No. 28-10; Res. No. 45-12)
Editor's notes –
The 2010 amendment provided that any member of the County Council ordered to active federal or State service in a reserve component of the United States Armed Forces for a period of time longer than 180 days shall vacate office.
The 2012 added the provisions governing the appointment of a new or temporary member of the County Council if a vacancy in office is not filled by a majority vote of the remaining members of the County Council within 30 days after the vacancy occurs.