A vacancy shall be deemed to occur in the office of the Mayor upon and as of the time of the presentation of his resignation to the President of Council, his death, his removal as provided in Sec. 20.08 of this Charter, or his recall as provided in Sec. 19.04 of this Charter.
If a vacancy shall occur in the office of the Mayor more than sixty days prior to the next regular municipal election following the Mayor's taking office, an election shall be held to fill the unexpired term of the Mayor at such next regular municipal election. Candidates for such unexpired term shall be nominated by petitions containing signatures of not less in number than two percent of the electors voting for the candidates for Mayor at the preceding regular municipal election, and such nominating petitions shall be filed with the Board of Elections of the County within which the City is located or within which the major portion of the population thereof, as ascertained by the next preceding Federal census, is located, if the City is situated in more than one county, not later than 4:00 p.m. of the thirtieth day before the day of such election at which the successor to the Mayor is to be elected. The person receiving the greatest number of votes cast at such election shall be elected to fill the unexpired term of office of the Mayor and he shall take office on the first Monday in January of the year following his election to the unexpired term unless such first Monday shall fall upon the first day in January, in which event he shall take office on the second day in January of the year following his election to the unexpired term. Until the unexpired term of office shall have been filled by election as hereinabove provided, the Safety-Service Director shall act as the Mayor and shall exercise all powers and duties conferred upon the Mayor by this Charter.
If a vacancy shall occur in the office of the Mayor less than sixty days prior to the next regular municipal election following the Mayor's taking office, or after such election, the Safety-Service Director shall succeed to the office of Mayor. In such event the Safety Service Director shall serve for the unexpired term and shall exercise all powers and duties conferred upon the Mayor by this Charter.
When the Safety-Service Director succeeds to the office of Mayor he shall vacate his position as Safety-Service Director and such vacancy shall be filled under the provisions of Sec. 5.04(1) of this Charter.
During the temporary absence or disability of the Mayor the Safety-Service Director shall become Acting Mayor and shall exercise all the powers, duties and functions of the Mayor. During the time the Safety-Service Director is Acting Mayor he may concurrently exercise the powers, duties and functions of the office of Safety-Service Director.
If the Safety-Service Director shall fail, for any reason, to become the Acting Mayor or to succeed to the office of Mayor in any of the events described hereinabove; or should the Safety-Service Director be absent or disabled during the temporary absence or disability of the Mayor, the following officers shall act as Mayor or succeed to the office of Mayor, as the case may be, in the order in which they are listed herein: Administrative Legal Counsel, Finance Director, President of Council. While such officers are acting as Mayor they shall exercise all the powers, duties and functions of the Mayor. When such officers succeed to the office of Mayor they shall vacate their other positions and any such vacancy shall be filled in the manner provided by this Charter. While such officers are acting as Mayor during the Mayor's temporary absence or disability, they may concurrently exercise the powers, duties and functions of their respective offices.
(Amended 5-8-01)