SECTION 3.04 VACANCY IN OFFICE
A. Temporary Vacancy
   When the Mayor is temporarily unable for any reason to perform the duties of that office, the President of Council shall act as Mayor, with all of the duties, rights and powers of the Mayor during the Mayor’s inability to perform the duties of that office.
   If the Mayor and President of Council are both unable to perform their duties, the Vice President of Council shall act as Mayor.
   Neither the President nor the Vice President of Council while serving as Acting Mayor, in accordance with the provisions of this section, shall cease to be a member of Council.
B. Permanent Vacancy
   In the event of the death, resignation, recall or removal of the Mayor, the President of Council shall thereupon become Mayor and shall serve until a successor is elected and qualified.
   The President of Council may decline the office of Mayor within seven (7) days of the vacancy by submitting written notice to Council. In that event, the vacancy shall be filled in the manner provided by general law with respect to a vacancy in the office of Mayor of a city. If the person vacating the seat was not a member of a political party that elected precinct committee members, the replacement shall be chosen by the committee listed on the nominating petitions by the candidate, within thirty (30) days. If the person vacating did not designate a committee, Council shall fill the vacancy within fourteen (14) days.
   In the event the President of Council shall become Mayor in accordance with provisions of this section, his or her office shall be declared vacant and shall be filled in accordance with the applicable Section 4.03, 4.04 or 4.05 of this Charter.
   There shall be an election for the office of Mayor at the next succeeding municipal election following the vacancy in said office that will occur more than ninety (90) days subsequent to the vacancy in said office. Nominations shall be made as provided by general law except that, if there is no primary election, the appropriate committee to fill a party nomination shall consist of the party precinct committee members residing in the City. The Mayor newly elected pursuant to this provision shall assume office immediately following the official certification of the election.
(Amended 11-8-11; 11-2-21)