(A) Except as otherwise provided in division (B) below, when the office of a member of the legislative authority becomes vacant, the vacancy shall be filled by election by the legislative authority for the unexpired term. If the legislative authority fails within 30 days to fill the vacancy, the Mayor shall fill it by appointment, except that subject to division (B) below, when the vacancy occurs because of the operation of R.C. § 733.25, or a substantially similar municipal ordinance, the successor shall hold office only for the period the President Pro Tem of the legislative authority holds the office of Mayor.
(B) (1) When a vacancy occurs in the office of a member of the legislative authority of a village with a population of less than 2,000 because of the operation of R.C. § 733.25, or a substantially similar municipal ordinance, at the time the President Pro Tem becomes Mayor, the President Pro Tem shall decide whether he or she wishes to serve the remainder of his or her unexpired term as a member of the legislative authority when the Mayor’s successor is elected and qualified in accordance with R.C. § 733.25, or a substantially similar municipal ordinance.
(2) If the President Pro Tem decides to serve the remainder of his or her unexpired term as a member of the legislative authority, the vacancy on the legislative authority shall not be filled and the President Pro Tem shall resume serving his or her unexpired term on the legislative authority as soon as the Mayor’s successor is elected and qualified. If the President Pro Tem decides not to resume serving the remainder of his or her unexpired term as a member of the legislative authority as soon as the Mayor’s successor is elected and qualified, then the vacancy in the office of the member of the legislative authority shall be filled in accordance with this section.
(R.C. § 731.43(A)) (2000 Code, § 32.06)