(a) A vacancy in the Office of the Executive shall exist upon the death or resignation of the Executive, or upon forfeiture of office as provided in Section 407 of this Charter. A majority of the council members shall appoint, within forty-five days, a person to fill the vacancy and to serve a term pursuant to subsection (f) or (g) of this section, as applicable.
(b) If the vacating County Executive 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 County Executive 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 (d) of this section.
(c) If the Council has not made an appointment within the forty-five-day period provided in subsection (a) of this section, the Council shall appoint within fifteen days thereafter, the Chief Administrator Officer.
(d) Any person appointed to fill a vacancy pursuant to this section, except the Chief Administrative Officer, shall meet the qualifications provided in Section 405 of this Charter.
(e) All persons considered by the Council for appointment under either subsection (b) or (c) 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 the Council, including the opportunity for public comment.
(f) If the vacancy occurs no later than 30 days prior to the candidate filing deadline for the presidential primary election, a new County Executive shall be nominated and elected by qualified voters at the same time as the presidential general election and in the manner provided by law. In the interim, until an Executive is elected, the vacancy shall be temporarily filled pursuant to subsection (b) or (c) of this section, as applicable. An Executive 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 Executive position shall assume office and serve for the remainder of the vacating Executive's term.
(g) If the vacancy occurs after 30 days prior to the candidate filing deadline for the presidential primary election, the new Executive shall be appointed pursuant to subsection (b) or (c) of this section, as applicable, and serve the remainder of the vacating Executive's term.
(Res. 20-21, 7-28-2020)