A. Any vacancy in the office of councilmember shall be filled for the remainder of the unexpired term by special election called by the council to elect a successor and to be held as soon as practicable. However, a special election need not be called if (1) the term of the vacant office ends less than six months from the date the vacancy occurred or, when a declaration of vacancy by the council is necessary to establish the vacancy, the effective date of the vacancy so declared, and (2) the election cannot be held earlier than the 42nd day before the next general municipal election for election of council members.
B. Notwithstanding subsection A, during the first 30 days of any vacancy, the council may, in lieu of calling a special election, fill the vacancy by appointment of a person qualified to be a candidate for city councilmember. The appointee shall hold office until the first Tuesday in December following the next general municipal election and until the appointee's successor qualifies. At the next general municipal election following any such appointment, a successor shall be elected to serve for the remainder of any unexpired term.
(Res. No. 75 76-77 §1, Measure B (part), Passed 3-8-77, Filed in Office of Secretary of State 5-2-77; Res. 126 80-81 §§1 and 7 (part), Measures A and G (part), Passed 4-7-81, Filed in Office of Secretary of State 6- 8-81; Res. No. 25 84-85 §1 (part), Passed 11-6-84, Filed in Office of Secretary of State 1-3-85; Res. No. 112 93-94 §1, Measure A (part), Passed 6-7-94, Filed in Office of Secretary of State 10-3-94; Measure J, Passed 11-2-04, Filed in Office of Secretary of State 12-9-04)