(A) (1) Vacancies in city elected offices shall be filled by the Mayor and City Council for the balance of the unexpired term except as provided in this section. Notice of a vacancy, except a vacancy resulting from the death of the incumbent, shall be in writing and presented to the City Council at a regular or special meeting and shall appear as a part of the minutes of such meeting.
(2) The City Council shall at once give public notice of the vacancy by causing to be published in a newspaper of general circulation within the city or by posting in three public places in the city the office vacated and the length of the unexpired term.
(3) The Mayor shall within four weeks after the regular meeting at which such notice has been presented, or upon the death of the incumbent, call a special meeting of the City Council or place the issue of filling such vacancy on the agenda at the next regular meeting at which time the Mayor shall submit the name of a qualified elector to fill the vacancy for the balance of the unexpired term.
(4) No officer who is removed at a recall election or resigns after the initiation of the recall process shall be appointed to fill the vacancy resulting from his or her removal or the removal of any other member of the City Council during the remainder of his or her term of office.
(5) Upon a majority vote of approval by the City Council the vacancy shall be filled. If a majority vote is not reached the nomination shall be rejected and the Mayor shall at the next regular meeting submit the name of another qualified elector. If the vote on the nominee fails to carry by majority vote, the Mayor shall continue at such meeting to submit the names of qualified electors and the City Council shall continue to vote upon such nominations until the vacancy is filled.
(6) The Mayor shall cast his or her vote only in case of a tie vote of the City Council.
(7) All City Council members shall cast a ballot for or against each nominee.
(8) Any member of the City Council who has been appointed to fill a vacancy on the City Council shall have the same rights, including voting, as if such person was elected.
(9) The Mayor and Council may, in lieu of filling a vacancy in a city office as provided above in this section, call a special municipal election to fill such vacancy.
(10) If there are vacancies in the offices of a majority of the members of the City Council, there shall be a special municipal election conducted by the Secretary of State to fill such vacancies.
(B) (1) Whenever any vacancy shall occur in any appointive or elective office of the city or in the membership of the Council of this city, except Mayor or Chairperson of the Board, by death, resignation, impeachment, absence from the city or from the failure to attend three or more consecutive regular meetings of the City Council, the Mayor shall, with the concurrence of a majority of the number of members required to be elected to the Council, fill such vacancy. Such appointee shall fill the unexpired term of the office.
(2) If any member of the City Council fails to attend three or more consecutive regular meetings of the City Council, the City Council by a majority vote, may declare the office vacant and the Mayor and Council may proceed at the next regular meeting to make an appointment to fill such vacancy. The Council member whose position is declared vacant, shall be notified of the action of the Council in declaring such office vacant by the mailing to him or her by the City Clerk-Treasurer of a copy of the action taken by the City Council.
(1997 Code, § 1-105) (Ord. 1986-2, passed 5-20-1986)
Statutory reference:
Authority or similar provisions, see Neb. RS 32-568, 32-569