The Council shall determine the election and qualifications of its own members. In case of persistent failure to abide by the Rules of Council, the seat of that member may be declared vacant by resolution with a vote of five (5) concurring members of Council. In the case of absences without being excused by the Council for four (4) consecutive meetings, regardless if the meetings are Regular or Committee of the Whole Meetings, the seat of that member of Council will immediately become vacant.
Council shall declare a vacant seat of any member for the following reasons:
A. A member who ceases to be a qualified elector of the City or a resident of the district (ward) represented shall immediately forfeit their seat on Council as required by this Charter or the laws of the State of Ohio;
B. A member holds any salaried public office of the City;
C. A member violates any expressed provision of this Charter; or,
D. A member who violates any other provision of the laws of the State of Ohio as applicable to public officials and for which the penalty includes forfeiture of office.
The remaining members of Council may appoint a qualified elector as defined in Section 3.3 to fill a vacancy on Council within thirty (30) days of the vacancy. If Council fails to fill a vacancy within that thirty (30) days, the power of Council to fill the vacancy lapses. Any appointee under this Section must qualify under the provisions of this Charter and will serve until the remaining unexpired term of the office is filled by special election as described herein.
Whether or not Council fills the vacancy, the Clerk of Council, by authority of this Charter, shall request the Montgomery County Board of Elections to hold a special election to fill the vacancy for the unexpired term. Such special election shall be held at the next scheduled primary election in March or May (or as otherwise scheduled pursuant to the laws of the State of Ohio) or general election in November, whichever is earlier and occurs at least one hundred (100) days after the vacancy. The individual elected in such special election will take office immediately following election certification by the Montgomery County Board of Elections and shall serve the balance of the unexpired term.
If Council has filled the vacancy under this Section and the term of the vacated Council seat is twelve (12) months or less from the date of the expiration of the term, no special election shall be held and the appointee shall serve the balance of the unexpired term.
(Amended 11-04-2003; 11-06-2018)