Once determined to exist, a vacancy shall be filled as follows.
(A) A vacancy may be filled by the governing body by appointment of a temporary successor to serve until a permanent successor is appointed for the remainder of the unexpired term.
(B) Upon the declaration by the governing body that a vacancy exists or will exist, the governing body shall then publicly solicit applications from qualified electors to fill the vacancy, except a vacancy in the office of Mayor, which must be filled by an existing member of the Town Council.
(C) The term QUALIFIED ELECTOR includes every citizen in the United States who is a bona fide resident of the municipality, who has registered to vote and who is at least 18 years of age. No person is a qualified elector who is a mentally incompetent person or who has been convicted of a felony and whose civil rights have not been reassured or who is otherwise barred from holding office by reason of state or federal law.
(D) The application shall be submitted on a form approved by the governing body which form shall require that the applicant submit information establishing applicant’s legal qualifications to hold office.
(E) The governing body shall specify a time period for submitting applications and shall then review applications received and may conduct any further review of candidates deemed necessary and, by a majority vote of all members of the governing body, shall appoint a temporary successor.
(F) Should selection of a Council member or Mayor occur prior to the effective date of the vacancy and the member vacating the seat has resigned, that Mayor or Council member will be allowed a vote in the selection process for Mayor and/or Council member successor.
(G) In the event that there is a tie in the vote for Mayor and/or Council member, the decided vote will be determined by the toss of a coin. To decide as to who is heads and who is tails, the Town Attorney shall put the names in a hat and have one drawn. The one drawn shall be heads with the other one being tails. The attorney shall toss the coin and determine the one to fill the vacancy.
(Prior Code, § 2.08.040) (Ord. 2006-01, passed 5-11-2006)