Loading...
In the event that the Mayor-elect fails to take office on the date set for the commencement of their term by reason of death, resignation, failure to qualify or for any other reason whatsoever, there shall be deemed a vacancy in said office as of the date set for the commencement of the term for which such officer was elected.
During the existence of any such vacancy in the office of Mayor, pending the time when said vacancy is filled by a special Municipal election as hereinafter provided, the duties of the office of Mayor shall be discharged by the President Pro Tem of the newly elected Council.
(Amended 11-5-68; 5-5-09; 11-2-21)
Any vacancy in the Council shall be filled by a majority vote of the remaining members of Council for the unexpired term by appointing the unsuccessful candidate who received the next highest vote total for Council at the most recent regular municipal election should that candidate still be eligible and is willing to accept the appointment. In the event of a tie vote of such unsuccessful candidates for Council, the Mayor shall determine by lot which of said candidates shall be elected. If the vacancy is not able to be filled by the foregoing procedure, the Council shall have thirty (30) days after it shall have occurred to fill the vacancy according to law, and if the vacancy is not filled within thirty (30) days after it shall have occurred, the Mayor shall fill it by appointment. If the vacancy occurs within ninety (90) days from the expiration of the term of the member of Council, the vacancy shall not be filled.
(Enacted 11-4-08)
A special Municipal election to fill the vacancy of the office of Mayor-elect shall be held on the first Tuesday after sixty days from the date on which said vacancy occurs. The person so elected at said special Municipal election shall assume the office to which he or she is elected immediately upon certification by the Board of Elections of Cuyahoga County that he or she was elected and his or her qualification, and he or she shall serve the unexpired term of the vacant office to which he or she is elected.
The name of any qualified candidate for an office for which a special Municipal election is to be held shall be printed upon the ballot for such election when a petition conforming to the requirements of the general laws of the State of Ohio is filed with the Board of Elections of Cuyahoga County at least forty days prior to the date of the special Municipal election.
Within five days of the occurrence of the vacancy as defined in Section 2 hereof, Council shall convene and officially cause written notice to be immediately delivered to the Board of Elections of Cuyahoga County advising such Board of Elections of the existence of the vacancy and the need for a special Municipal election to be held pursuant to the provisions of this Section 3.
The candidate receiving the largest number of votes for such office voted upon at a special Municipal election shall be declared elected to such office.
In the event of a tie, the election authorities shall determine by lot which of said candidates shall be elected.
(Amended 11-5-68; 5-5-09; 11-2-21)
The Mayor and Council members shall exercise the powers and perform the duties prescribed by this chapter and by ordinance, and in addition thereto all other powers and duties now or hereafter prescribed by general law insofar as not inconsistent therewith. (Amended 11-5-68; 5-5-09; 11-2-21)
Each elective officer of the Municipality shall be a qualified elector of the Municipality and shall have resided in the Municipality for a period of at least two (2) continuous years immediately preceding the date of election and shall continue to reside in the Municipality during said term.
(Enacted 11-4-08)