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* Cross References: Officers and employees, ch. XVIII; filling vacancies on civil service commission, ch. XXII, § 2.
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During the absence or disability of the mayor, the vice-chairman of the council shall act as mayor pro tempore. In case of a vacancy in the office of mayor, the vice-chairman of the council shall actas mayor until such vacancy is filled as provided in this Charter. During such absence, disability or vacancy, the powers and duties of the office of mayor shall devolve upon said vice-chairman.
While acting as mayor pro tempore during the absence or disability of the mayor, or as acting mayor during a vacancy, the vice-chairman shall be entitled to vote as mayor only, and not both as councilman and mayor.
Annotation--Under similar provision of 1883 Charter, it was held that when vice-chairman was acting in absence of mayor he could sign ordinances and such ordinances would be valid. City of Tucson v. Arizona Mortuary, 34 Ariz. 495, 272 Pac. 923.
(a) As used in this section, the term "governing body" shall mean, in the case of a vacancy in the office of councilmember, the mayor and council, and in the case of a vacancy in the office of mayor, the council.
(b) In filling any vacancy in the office of mayor or councilmember, the procedure shall be as follows:
1. The governing body shall meet within a reasonable time to select an elector of the City, and, in the case of a councilmember, of the ward from which the councilmember whose office has been vacated was elected or appointed, to fill such vacancy.
2. Such selection may occur at any regular or special session of the governing body called for that purpose, and the selection of such mayor or councilmember shall be duly noted in the minutes.
3. Upon qualification, such selected mayor or councilmember shall continue in office as mayor or councilmember until the expiration of the term for which the mayor or councilmember whose office has been vacated had been elected or appointed.
4. The governing body may provide by ordinance for additional procedures to be used in selecting a mayor or councilmember pursuant to this subsection (b).
(c) Should the governing body select a council member to fill a vacancy in the office of mayor, the office of the councilmember so selected shall thereupon become vacant, and shall be filled by the governing body in the manner set forth in subsection (b).
(Ord. No. 8951, § 1, 9-2-97)
Editors Note: Added as a result of a Charter Amendment Special Election held November 4, 1997. This amendment became effective on December 9, 1997.
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