The first vacancy in the City Commission which occurs following any regular municipal election shall be filled by the candidate for City Commissioner at that election who had the highest number of votes but was not elected, provided he or she is then still qualified to serve and is willing to serve. When such a vacancy occurs, the Clerk of the City Commission within 7 days shall notify such candidate of the vacancy and he or she shall have 30 days from the time the vacancy occurs to assume office. Notice by first class mail addressed to the candidate at the address shown on his or her nominating petition shall be sufficient compliance by the Clerk.
When a vacancy in the City Commission occurs and is not filled by the method specified in the preceding paragraph, the vacancy shall be filled by the remaining members by a majority vote. In the event that the vacancy is not filled in 60 days from the time it occurs, then it shall be filled by the Civil Service Commission, and its Clerk shall cause his certificate of its action to be entered on the journal of the City Commission.
If, by reason of resignations, deaths, failure to elect, or other circumstance, so many vacancies exist or occur at the same time in said City Commission that the number of City Commissioners is less than a majority of the full membership, then the Civil Service Commission shall make such number of appointments as may be necessary to constitute a City Commission of qualified members constituting a majority of the full membership, which majority shall then proceed to fill the remaining vacancies as hereinbefore provided. The Clerk of the Civil Service Commission shall cause his certificate of its action to be entered on the journal of the City Commission.
In any case where the Civil Service Commission neglects or fails to make an appointment for 10 days, the appointment shall be made by the senior judge of the Common Pleas Court of Erie County, Ohio.
In any case where a vacancy occurs, if the term of the office filled or to be filled does not expire for 2 or more years after the next municipal election following such vacancy, and such vacancy occurs not less than 105 days prior to the next municipal election, an additional City Commissioner shall then be elected; and, of those City Commissioners elected at such election, the one having the lowest vote shall then succeed to and serve the unexpired term. In the event of more than one vacancy to be so filled by election the same provision shall apply.
(Amend. passed by the voters 11-8-77)