(A) (1) The Council shall fill a vacancy that may occur by either of the following methods:
(a) Appointment for the unexpired term, provided said period is less than the last two years of the term of the vacant seat.
(b) Appointment until the next regularly scheduled council election, if the vacancy occurs more than 30 days before the nomination petition deadline, pursuant to the provisions of division (B) of this section, subject to the following:
1. If, in filling a vacancy until the next regularly scheduled council election, said appointment would result in the elimination of the required stagger of council terms, then the three candidates receiving the most votes shall receive four year terms, and the next highest vote getters shall receive two year terms until all terms have been filled.
(2) Upon the creation of any vacant Council position, the City Clerk shall promptly advise the Council, the public, and all local news media of the fact of the vacancy and shall solicit applications, resumes, and letters of recommendation from the public for the appointment to the vacant position. Applicants must apply in writing and provide:
(a) The applicant's name, address, and telephone number.
(b) A statement of what they consider to be their qualifications for serving on the City Council.
(c) Reasons why they would like to serve on the City Council.
(3) A notarized statement attesting they are a qualified elector and have lived in the city continuously for one year prior to the date of application must be returned with the application.
(4) Applications and supporting materials for appointment to a vacant Council position on the City Council shall be accepted by the Clerk for a period of seven days from the date of the notice provided pursuant to subsection (A)(2) of this section. No application tendered to or received by the Clerk after such date may be considered for appointment by the Council. The City Clerk shall be responsible to ascertain that all applicants are qualified to serve on the Council.
(5) A mayoral vacancy shall be filled by appointment from current Council members, and a vacated Council seat filled by the procedure pursuant to provisions of this section.
(B) (1) Upon the expiration of the date for acceptance of applications established by subsection (A)(4) of this section, the Clerk shall forward to each member of the Council all applications timely received.
(2) The Clerk shall schedule and post an executive session for the Council during which it shall consider all applications received. The meeting shall be held within three days subsequent to the expiration for the date for acceptance of applications in order to establish a short list of applicants, the number of which shall be determined by the Council.
(3) Subsequent to the holding of the executive session provided for in subsection (B)(2) of this section, the Council may meet in further executive sessions as may be called for the purpose of discussing and interviewing the applicants.
(4) The City Council shall adjourn out of executive session and nominate and elect the replacement in an open public session of Council.
(5) The City Clerk will notify the newly appointed member and administer the oath of office within the next working day.
('76 Code, §§ 2-2-8, 2-2-9) (Ord. 332, passed 9-23-76; Am. Ord. 924, passed 8-12-93; Am. Ord. 942, passed 2-24-94; Am. Ord. 969, passed 3-8-95; Am. Ord. 2008-006, passed 3-27-08; Am. Ord. 2009-004, passed 6-25-09; Am. Ord. 2011-013, passed 11-17-11; Ord. 2011-013, passed 11-17-11)