The following procedure shall be used to fill a vacant seat on the city council, with the exception of any such vacancy that will be filled by a regularly scheduled election:
(A) The council must determine that a vacancy exists pursuant to section 7-4-4111, Montana Code Annotated, 1989, entitled "Determination of Vacancy in Municipal Office".
(B) When the council has determined that a vacancy exists, it shall order the publication of a notice in the local news media soliciting applications for a replacement council person.
(C) A written application shall be completed by each applicant and submitted to the council containing the following information:
(1) Full legal name.
(2) Current address.
(3) A statement of the applicant's reason or reasons for seeking appointment to the city council.
(4) A current resume attached to the application.
(5) The applicant shall sign a statement, under penalty of "unsworn falsification to authorities" that he or she possesses the following minimum requirements for appointment as a council person: that he or she is a citizen of the United States; at least eighteen (18) years of age; registered as a voter of the city; and, has been a resident of the subject ward for at least sixty (60) days prior to filing the application for appointment.
(D) If there are more than seven (7) candidates, each council person shall sponsor one (1) candidate for interviews, and only those candidates who have been sponsored by one (1) or more council persons shall be interviewed by the council.
(E) A prospective resignee or retiree council person for whom a replacement is being sought, shall not participate in any way regarding the determination of that council person's successor; however, such council person's presence shall be counted for purposes of establishing a quorum.
(F) All interviews shall be before the council, sitting as a committee of the whole, in public after notice, and all council persons shall be allowed to question the applicants, who will also be allowed to make a statement and submit written material.
(G) At the next regular council meeting, after the interviews, or a special meeting called for that purpose, the council shall elect a new council person.
(H) The newly elected council person takes office upon the execution of the written oath of office and the filing of the executed oath in the office of the county election administrator.
(I) The newly appointed council person's term shall be limited to that of their predecessor's term.
(J) Newly appointed council members are subject to nomination and election at the next municipal general election. (Ord. 768, 10-16-1989; amd. Ord. 815, 2-18-1997; Ord. 908, 9-3-2019; Ord. 916, 5-17-2021)