(a) A vacancy occurs when a council member, prior to the expiration of the term for which elected, dies, resigns from office, or becomes disqualified to hold office pursuant to Section 208 of this Charter.
(b) When a vacancy occurs, the remaining council members within forty-five days shall appoint a person to serve for a term pursuant to subsection (f) or (g) of this section, as applicable. The appointee shall be selected by a majority vote of the remaining council members. The appointee shall meet the same qualifications and residence requirements and, when succeeding a council member who was elected as a member of a political party, the appointee, shall be a member of the same political party as the council member vacating office was in the most recent election for council member.
(c) If the vacating council member was last elected as a member of a political party, the appointee shall be selected from a qualified list of three persons submitted to the Council by the central committee of the same party. The central committee must provide the list of three persons within 30 days of the vacancy date. If no list is provided within 30 days, or if the vacating council member was not a member of a political party when last elected, the Council shall appoint a person it deems best qualified to hold office, provided the appointee meets the qualifications and residency requirements provided in subsection (b) of this section.
(d) If the Council fails to fill a vacancy pursuant to the provisions of this section, the Executive shall appoint a person to fill the vacancy within sixty days of the vacancy. If the County central committee submitted a list of names pursuant to subsection (c) of this section, the person appointed shall be selected from the list. If no such list has been submitted, the Executive shall appoint the person the Executive deems best qualified to hold office regardless of the person’s party affiliation, if any, provided the appointee meets the same qualifications and residence requirements as the person who vacated office.
(e) All persons considered by the Council or County Executive for appointment under either subsection (c) or (d) of this section, as applicable, shall be presented to the public, including their names and qualifications. In addition, the nominees shall be interviewed in public by either the Council or County Executive, including the opportunity for public comment, pursuant to either subsection (c) or (d) of this section, as applicable.
(f) If the vacancy occurs no later than 30 days prior to the candidate filing deadline for the presidential primary election, a new member shall be nominated and elected by qualified voters of the councilmanic district in which the vacancy occurs, at the same time as the presidential general election and in the manner provided by law. In the interim, until a new member is elected, the vacancy shall be temporarily filled pursuant to subsection (c) or (d) of this section. A member appointed under these conditions shall serve until the first Monday of December, following the presidential general election, at which time the winner of the presidential general election for the council seat shall assume office and serve for the remainder of the vacating member’s term.
(g) If the vacancy occurs after 30 days prior to the candidate filing deadline for the presidential primary election, the new member shall be appointed pursuant to subsection (c) or (d) of this section, as applicable, and serve the remainder of the vacating member’s term.
(Res. 18-20, 7-17-2018; Res. 20-20, 7-28-2020)