(A) (1) If a vacancy occurs in an elective municipal office with a four-year term and there remains an unexpired portion of the term of at least 28 months and the vacancy occurs at least 130 days before the general municipal election next scheduled under the General Election Law, then the vacancy shall be filled for the remainder of the term at that general municipal election.
(2) Whenever an election is held for this purpose, the City Clerk shall certify the office to be filled and the candidates for the office to the proper election authorities as provided in the General Election Law.
(B) If a vacancy occurs with less than 28 months remaining in the unexpired portion of the term or less than 130 days before the general municipal election, then the following shall occur.
(1) Mayor. If the vacancy is in the office of Mayor, the vacancy must be filled by the corporate authorities, electing one of their members as Acting Mayor. Except as set forth in § 30.02(A), the Acting Mayor shall perform the duties and possess all the rights and powers of the Mayor until a Mayor is elected at the next general municipal election and has qualified.
(2) Alderperson. If the vacancy is in the Office of Alderperson, the vacancy must be filled by the Mayor or Acting Mayor, as the case may be, in accordance with § 30.24.
(3) Other elective office. If the vacancy is in any elective municipal office other than Mayor or Alderperson, the Mayor or Acting Mayor, as the case may be, must appoint a qualified person to hold the office until the office is filled by election, subject to the advice and consent of the City Council, as the case may be.
(Prior Code, § 1-2-43)