1. A vacancy shall be deemed to occur in the Council upon: the presentation of a written resignation to the Mayor or President of Council, which resignation shall be effective immediately unless a later time is specified therein; the death of a Councilman; the determination by the Council that a member of Council has failed to qualify within the period of time allowed by Section 4.01 of this Charter or has ceased to possess or has violated any of the qualifications of the office of Council member; or the removal of such Councilman as provided in Section 4.02 or Section 4.03 of this Charter.
2. Any vacancy in the Council shall be filled by a majority vote of the remaining members of the Council, and the person chosen to fill a vacancy shall serve until his successor is elected and qualified, or appointed and qualified, as hereinafter provided.
3. The person chosen to fill such vacancy in the manner herein above provided in paragraph 2. of this Section shall serve for the unexpired term of that person whose resignation, death, failure to qualify or to maintain qualifications, or removal created such vacancy and until that person's successor is elected and qualified, upon the condition that such vacancy shall occur on or after the primary election day preceding the first regular Municipal election occurring within such unexpired term.
4. Otherwise, the person chosen to fill such vacancy in the manner herein above provided in paragraph 2. of this Section shall serve for the unexpired term of that person whose resignation, death, failure to qualify or to maintain qualifications, or removal created such vacancy and until that person's successor is elected and qualified, upon the conditions that such vacancy shall occur prior to the primary election day immediately preceding the first regular Municipal election within such unexpired term, and that the person so chosen to fill such vacancy is thereafter elected to complete such unexpired term at said regular Municipal election for which any qualified person may be nominated and elected by the filing of petitions containing the signatures of fifty (50) qualified electors of the Municipality with the appropriate Board of Elections not later than 4:00 P.M. of the ninetieth (90th) day before said regular Municipal election.
(Amended Nov. 8, 2016)