Sec. 3.02. Vacancy in commission membership.
   (a)   If any vacancy shall occur in the office of mayor, except a vacancy caused by resignation after a recall petition has been filed, and one hundred eighty (180) days or less of the term of the former mayor shall remain at the time the vacancy occurs, it shall be filled within ten (10) days after the first regular commission meeting following the occurrence of such vacancy, by a majority vote of the remaining commissioners, by an eligible person to serve the remainder of the unexpired term of such mayor until the next municipal election. If any vacancy shall occur in the office of city commissioner, except a vacancy caused by resignation after a recall petition has been filed, and one hundred eighty (180) days or less of the term of the former city commissioner shall remain at the time the vacancy occurs, it shall be filled within ten (10) days after the first regular commission meeting following the occurrence of such vacancy, by a majority vote of the remaining commissioners, by an eligible person to serve the remainder of the unexpired term of such commissioner until the next municipal election.
   (b)   If the commissioners fail to fill such vacancy in the office of mayor or city commissioner within the ten (10) days after the first regular commission meeting following the occurrence of such vacancy, a special election shall be called within not less than ninety (90) days or more than one hundred twenty (120) days to fill such vacancy, or at the next general or municipal election if one is to be held within that period.
   (c)   If any vacancy shall occur in the office of mayor, except a vacancy caused by resignation after a recall petition has been filed, and more than one hundred eighty (180) days of the term of the former mayor shall remain at the time the vacancy occurs, a special election shall be called within not less than ninety (90) or more than one hundred twenty (120) days to fill such vacancy, or at the next general or municipal election if one is to be held within that period. If any vacancy shall occur in the office of city commissioner, except a vacancy caused by resignation after a recall petition has been filed, and more than one hundred eighty (180) days of the term of the former city commissioner shall remain at the time the vacancy occurs, a special election shall be called within not less than ninety (90) or more than one hundred twenty (120) days to fill such vacancy, or at the next general or municipal election if one is to be held within that period.
(Ord. O-84-14, passed 2-3-84; Am. Ord. O-99-34, passed 10-20-99; Am. Ord. O-2018-04, passed 11-6-18)