In the event that Council determines that a member of Council is unable to perform his or her duties because of prolonged illness, physical or mental disability or absence from the municipality, Council may, after written notice and a public hearing has been provided the member of Council so affected and/or his representative, and upon the affirmative vote of five members, declare the office of such member of Council vacant. In the event that the office of a member of Council shall become vacant by reason of death, resignation, disqualification from office, by declaration of Council pursuant to and for the reasons stated in this section, such vacancy in Council shall be filled by a majority vote of all the remaining members of Council. If the vacancy shall not be so filled within 45 days from the date of such vacancy, the Mayor shall fill it by appointment. Any such appointee shall qualify under Article VIII, Section 2 and shall hold office and serve for the unexpired term or until a successor is elected and qualified. A successor shall be elected (for the balance of the unexpired term) at the next regular municipal election for municipal officers, provided that:
(a) Such election occurs at least two years prior to the expiration of the unexpired term; and
(b) The vacancy occurs more than 90 days prior to such election.
Within five days after the occurrence of the vacancy, Council shall convene and officially cause written notice to be immediately delivered to the Board of Elections of Cuyahoga County advising such Board of Elections of the existence of the vacancy and the need for a municipal election to be held pursuant to the provisions of this section and other provisions of this Charter. The candidate receiving the largest number of votes to fill the vacancy at the regular municipal election for municipal officers shall be declared elected to such office and shall assume the office of Councilperson for the unexpired term then remaining immediately upon certification.
(Approved by voters 11-8-1988; 11-7-1995; 11-7-00; 11-8-2005)