1) A vacancy shall be deemed to occur in the Council upon the occurrence of any of the following; the presentation by a member of council of a written resignation to the Mayor-President of Council, which resignation shall be effective immediately unless a later time is specified herein; the death of a Councilman; the determination by the Council that a member of the Council has failed to qualify within the period of time allowed by Section 3.01
of the Charter, or has ceased to possess or has violated any of the qualifications of the office of Councilman as set forth in Section 3.02
of the Charter; the removal of such Councilman is accomplished pursuant to Section 3.03
or Section 11.04
of this Charter; or a member of Council is recalled pursuant to Section 8.07
of this Charter.
2) A vacancy shall be deemed to occur in the office of the Mayor-President of Council upon the occurrence of any of the following: the presentation by the Mayor-President of Council of a written resignation to the Clerk of the Council, or the President Pro Tempore of the Council, which resignation shall be effective immediately unless a later time is specified therein; the death of the Mayor-President of Council; the determination by the Council that the Mayor-President of Council has failed to qualify within the period of time allowed by Section 3.04
of this Charter, or has ceased to possess or has violated any of the qualifications of the office of Mayor-President of Council; as set forth in Sections 3.02
and 3.04
of this Charter; the removal of the Mayor-President of Council shall have been accomplished pursuant to Section 3.03
or Section 11.04
of this Charter; or the Mayor-President of Council is recalled pursuant to Section 8.07
of this Charter.
3) Any vacancy in the Council shall be filled within thirty (30) days after the vacancy occurs by a majority vote of the remaining members of the Council; and the person chosen to fill a vacancy shall serve until his successor is elected and qualified as hereinafter provided. In the event that the office of Mayor-President of Council shall become vacant, the President Pro Tempore of Council shall become acting Mayor-President of Council and shall serve in such office until his successor is elected and qualified as hereinafter provided. In the event that there should occur a simultaneous vacancy in the office of the Mayor-President of Council and President Pro Tempore as prescribed by Charter, then in this event, the Clerk of Council shall call an emergency meeting of Council for the sole purpose of electing a President Pro Tempore within twenty-four (24) hours after both vacancies occur.
4) If a vacancy in the Council or the office of Mayor-President of Council shall occur less than ninety (90) days prior to the next regular municipal general election, then the person who fills such vacancy, selected in the manner hereinabove provided in paragraph 3) of this Section shall serve for the remainder of the unexpired term of the person whose resignation, death, failure to qualify, or to maintain qualifications, removal or recall created a vacancy; and until his successor is elected and qualified.
5) If a vacancy in the Council or in the office of Mayor-President of Council shall occur at least ninety (90) days prior to the next regular municipal general election, the successor to the person whose resignation, death, failure to qualify or to maintain qualifications, removal or recall created the vacancy shall be nominated as hereinafter provided and elected at such next regular Municipal election.
a. If such a vacancy occurs after the deadline fixed for filing as a candidate for the office which is vacant, but prior to seventy-six (76) days before the next primary election, then any qualified person may seek the nomination to the office by filing declarations of candidacy and nomination to the office by filing declarations of candidacy and nominating petitions, which shall contain the signatures of not less than fifty (50) and not more than one hundred (100) qualified electors of the Municipality as required by Section 8.03 of this Charter, with the Mahoning County Board of Elections not later than 4:00 p.m. of the 76th day before the day of the next primary election; and such persons as are nominated at such primary election in accordance with the provisions of Section 8.04 of this Charter shall stand for election at the next regular municipal general election. The person elected at the next regular municipal general election shall serve for the remainder of the unexpired term of the person whose resignation, death, failure to qualify or to maintain qualifications, removal or recall created the vacancy, and until his successor is elected and qualified.
b. If such a vacancy occurs on or after the 76th day prior to the next primary election but at least ninety (90) days prior to the next regular municipal general election, then any qualified person may be nominated for the office which is vacant by filing petitions containing the signatures of not less than fifty (50) nor more than one hundred (100) qualified electors of the Municipality with the Mahoning County Board of Elections not later than 4:00 p.m. of the 76th day before such next regular municipal general election. The person elected at the next regular municipal general election shall serve for the remainder of the unexpired term of the person whose resignation, death, failure to qualify or to maintain qualifications, removal or recall created the vacancy, and until his successor is elected and qualified.
(Amended 11-8-94.)