In case of death, resignation or removal of the Mayor, or in case the Mayor ceases to reside in the Municipality, the duties of the office of Mayor shall be discharged by the Acting Mayor to be selected in the following order of succession: Council President; if the Council President is unable to or declines to serve as Acting Mayor, then the Council members at large in descending order of longevity in service in the office of Council member at large; if all of the Council members at large are unable to or decline to serve as Acting Mayor, then Ward Council members in descending order of longevity in service in the office of Ward Council member; if all of the Ward Council members are unable to or decline to serve as Acting Mayor, then the Director of Finance; if the Director of Finance is unable to or declines to serve as Acting Mayor, then the Director of Law, provided, however, that in order for the Director of Finance or the Director of Law to serve as Acting Mayor, the Director of Finance and/or the Director of Law must be a resident of the City of Avon Lake. In the event that more than one Council member at large has the same longevity in service in the office of Council member at large, the Council member at large, of those who have the same longevity in service in the office of Council member at large, who received the largest number of votes in the most recent general election shall, if the Council President is unable to or declines to serve as Acting Mayor, serve as Acting Mayor. In the event that more than one Ward Council member has the same longevity in service in the office of Ward Council member, the Ward Council member, of those who have the same longevity in service in the office of Ward Council member, who received the largest number of votes in the most recent general election shall, if the Council President and all Council members at large are unable to or decline to serve as Acting Mayor, serve as Acting Mayor.
In the performance of the duties of Acting Mayor, the Council member or department head acting in this capacity shall not thereby cease to retain status as Council member or department head. The individual serving as Acting Mayor shall receive the salary provided for in Section 20 of this Charter, except that in no event shall the salary or benefits of the individual serving as Acting Mayor be reduced while serving in this capacity.
If the office of the Mayor becomes vacant by reason of death, resignation or removal of the Mayor, or in case the Mayor ceases to reside in the Municipality, and such vacancy occurs more than two hundred and seventy (270) days before the next regular Municipal election to be held for the office of Mayor, such vacancy shall be filled by special Municipal election. Such special election shall be held on the first Tuesday after sixty (60) days from the day on which the vacancy first occurs; however, if a previously scheduled May or November election is no less than one hundred (100) days from the day on which the vacancy first occurs, such special election shall be held in conjunction with such election. All of the provisions in this Charter applicable to nominations and elections of candidates for the office of Mayor shall apply. The person elected at such special election shall immediately assume office, shall have the same rights and responsibilities as any duly elected Mayor and shall serve the remainder of the term of the prior Mayor.
(Amended 11-2-99; 5-6-03)