(a) Absence. When the Mayor is temporarily absent from the Municipality or temporarily unable for any cause to perform the Mayor’s duties, the President of Council shall act as the Mayor with the same powers and duties as the Mayor, except as set forth below. When the Mayor and the President of Council are both temporarily absent from the municipality or temporarily unable for any cause to perform the Mayor’s duties, then the Council President Pro Tem shall act as the Mayor with the same powers and duties as the Mayor, except as set forth below.
(b) Vacancy. In the event of the Mayor’s death, resignation, removal, disqualification, or in the event that the office of Mayor shall otherwise become vacant, the unexpired term shall be filled as follows:
(1) The President of Council shall immediately become the acting Mayor, with the same powers and duties of the Mayor, except as set forth below, to serve as follows:
(A) If twenty-four (24) months or more remain in the Mayor’s term, then the Council President shall serve as acting Mayor until a new Mayor is elected to serve the remainder of the Mayor’s term at a special or general election to be held on a date set by City Council within ninety (90) days after the vacancy occurs. During this time period after the vacancy occurs and before a new Mayor is elected at a special or general election, the President of Council shall also continue in office as a member of Council and as President of Council.
(B) If less than twenty-four (24) months remain in the Mayor’s term, then the President of Council shall become Mayor to serve the remainder of the term if the President of Council accepts the office by filing a written acceptance with the Clerk of Council within fifteen (15) days after the vacancy occurs. If the President of Council accepts the office of Mayor in this circumstance, then (i) the President of Council’s office as a Council member and as President of Council shall be vacant and filled in accordance with the provisions of this Charter, and (ii) the President of Council shall become Mayor with all the powers and duties of the Mayor. If the President of Council does not accept the position of Mayor within the time period set forth herein, then the President of Council Pro Tem shall become Mayor to serve the remainder of the term if he or she accepts the office within twenty (20) days after the vacancy occurs in the same manner. If the President of Council Pro Tem accepts the office of Mayor in this circumstance, then (i) the President of Council Pro Tem’s office as a Council member and as President of Council Pro Tem shall be vacant and filled in accordance with the provisions of this Charter, and (ii) the President of Council Pro Tem shall become the Mayor with all the powers and duties of the Mayor. If neither the President of Council nor the President of Council Pro Tem accepts the office of Mayor within the time periods set forth herein, the City Council shall meet and elect one of its members to be Mayor for the remainder of the term. Such election shall occur within twenty-five (25) days of the vacancy. No Council member shall be so elected without the Council member’s consent. The Council position of the Council member so elected Mayor shall be deemed vacant and shall be filled in accordance with the provisions of this Charter.
(c) Part-Time Position. When the President of Council or the Council President Pro Tem is serving as the Acting Mayor pursuant to Sections (a) or (b)(1)(A) of this Section 7, neither shall be required to devote their entire time during business hours to the business of the municipality.
(Amended 11-2-04.)
(Amended 11-2-04.)