1) Temporary Absence from Office of Mayor
When the Mayor is temporarily absent from the office of Mayor due to any of the following reasons:
a) Permitted and scheduled vacation time.
b) Temporary illness- defined as illnesses, including but not limited to illness caused by accidents whose recovery duration shall not result in vacancy from office for a period of time exceeding one month from onset of disabling illness or accident until recovery.
c) Other permitted absence as determined and specifically authorized by the Council.
Then in such event the President of Council shall become the Acting Mayor.
During such period of the Mayor's temporary disability as defined above the President of the Council as Acting Mayor shall have the same powers and authority as the Mayor has EXCEPT the power to disapprove legislation of the Council.
During any period of time which the President of Council shall be the Acting Mayor, the President of Council shall retain the office of President of Council and the rights and duties as are attendant thereto. Further the President of Council in the dual capacity of President of Council and Acting Mayor shall remain a Member of Council with all the powers and duties of a Council Member.
2) Permanent Absence from Office of Mayor
For purposes of this Section and all related Sections the following conditions shall define the Mayor's permanent absence from the office of Mayor:
a) The death of the Mayor
b) The Mayor's resignation from the Office of Mayor
c) The Mayor's removal from Office for any reason
d) The occurrence of event(s) disqualifying the Mayor from serving as Mayor
In any case of the Mayor's death, resignation, removal or disqualification as recited above, the President of Council shall remain the Acting Mayor until the Acting Mayor shall determine to accept the position of Mayor or shall elect to decline to accept the position of Mayor as next provided.
Upon the occurrence of an event qualifying as a Mayor's permanent absence from office, a period of time from the permanent absence event until the next regularly scheduled Council Meeting shall commence. In no event shall such period of time be less than twenty days from the occurrence of the permanent absence event until the next regularly scheduled Council meeting. For definition herein the twentieth day may include the date of the next regularly scheduled Council Meeting. If such period of time is less than twenty days then such period of time shall continue until the next regularly scheduled Council meeting which meeting date is scheduled more than twenty days after the occurrence of the permanent absence event. During such period of time the Acting Mayor shall provide the services of Mayor as provided for and as defined above.
If the Acting Mayor accepts the position of Mayor or shall not decline to serve as Mayor prior to the end of the defined term as recited above, then upon the occurrence of such event, whichever occurs first, the Acting Mayor shall become Mayor and thereafter serve the remaining term of the Mayor who has died, resigned, been removed from Office or has been disqualified to serve as Mayor.
Upon the Acting Mayor becoming Mayor, the new Mayor shall forfeit the position of President of Council and shall cease to be a Member of Council. Said vacant Council Member seat shall thereafter be filled as provided in Section 4.12 which succeeds.
In the event that the Acting Mayor/President of Council timely declines to serve as Mayor then in that event, said Acting Mayor/President of Council shall forfeit the seats of Acting Mayor and President of Council but shall retain the seat of Council Member and serve the remaining term for which said Member of Council was elected.
Upon the occurrence of such declination to serve as Mayor by the Acting Mayor, the President Pro-Tem of the Council shall immediately succeed to the office of President of the Council. In such event the President of Council shall serve as Acting Mayor as provided for above and the time frames for acceptance of the Office of Mayor shall commence and run as provided for above.
At the next regularly scheduled Council meeting, the Council shall elect a successor President Pro-Tem of the Council who shall commence service for the unexpired term for which the predecessor President Pro-Tem was elected.
In the event that the office of Mayor has not been filled within six months after the permanent absence of the prior Mayor and if the remaining term of the prior Mayor is less than two years the Council by majority vote may extend the term of the acting Mayor to continue to serve as acting Mayor until the next regularly scheduled election.
In the event that the office of Mayor has not been filled within six months after the permanent absence of the prior Mayor and if the remaining unexpired term of the prior Mayor is in excess of two years, the Council by majority vote may elect to have a special election to fill the remaining unexpired term of the prior Mayor. (Amended November 8, 2022.)