(A)   Vacancies. The office of a Council Member or Council Member-Elect shall become vacant upon death, resignation, forfeiture, or removal from office in any manner authorized by this Charter.
   (B)   Forfeiture of Office. Council shall be the judge of the election and qualification of its members. Council may punish or expel any member for gross misconduct, or for malfeasance, misfeasance, or nonfeasance in office, or upon conviction of a felony or other crime involving moral turpitude while in office, or for disorderly conduct, or violation of its rules during the term of office. No expulsion shall take place without the concurrence of six (6) members, nor until the member shall have been notified of the charge and been given a hearing in front of Council, unless the member waives the right to the hearing. Any vacancy created upon the expulsion of a member shall be filled as provided for in this Charter. In addition to these provisions, absence from three (3) consecutive regular meetings of Council shall operate to vacate the seat of a Council Member unless the absence is excused.
   (C)   Filling of Vacancies. Vacancies in the office of a Council Member shall be filled within sixty (60) days following the occurrence of the vacancy by the vote of the majority of the remaining members of Council. If Council fails to fill any vacancy within sixty (60) days following the occurrence of the vacancy, the power of the Council to fill the vacancy shall lapse; and the Clerk of Council, by the authority of the Charter, shall request the Board of Elections of Montgomery County to hold an election to fill the vacancy. Such election shall be held at the next general election or special election already scheduled, and such general or special election shall occur at least seventy-five (75) days after the date of the request to the Board of Elections by the Clerk of Council. The individual elected in such election shall take office immediately following the election certification by the Board of Elections and shall serve the balance of the unexpired term.
   An appointee under this section shall qualify under the provisions of this Charter, and if more than two (2) years remain of the unexpired term at the time of appointment, the appointee shall serve until a successor for the term is certified at the next November municipal election whether in an odd or even year, which occurs at least one hundred (100) days after being appointed so as to allow nominating petitions to be filed by the ninety (90) day deadline before such an election. That election shall be held to determine what person is elected to serve for the balance of the unexpired term. If at the time of appointment less than two (2) years remain of the unexpired term, the appointee shall serve the remaining term without election.
(Amended 11/08/2016; 11/02/2021)