(A) Vacancies. The office of a Council member shall become vacant upon the Council member’s death, resignation, removal from office in any manner authorized by this Charter, or forfeiture of office.
(B) Forfeiture of Office. If it is so determined by an affirmative vote of at least four Council members, a Council member shall forfeit office if said Council member:
(1) Lacks at any time during a term of office, any qualifications for the office prescribed by this Charter:
(2) Intentionally violates any express prohibition of this Charter;
(3) Is found to have been a party to a crime involving moral turpitude or any felony, or guilty of misfeasance, malfeasance or nonfeasance in the performance of the official duties of a Council member;
(4) Fails to attend three consecutive regular meetings of Council without being excused. Council shall, by rule, determine and list conditions and circumstances which constitute good cause for absence.
(C) Disability. On questions of disability involving the Mayor or other Council member, the decision as to actuality of the time of, and duration of the disability, for purpose of declaring a vacancy, shall be determined by an affirmative vote of at least four members of Council.
(D) Filling of Vacancies. Vacancies in the office of Council member shall be filled within forty-five days by an affirmative vote of at least four of the remaining members of Council. If a vacancy occurs in one or more positions among Council members, Council of the new term shall appoint, by an affirmative vote of at least four members, an eligible citizen of the Municipality of Waynesville. Unsuccessful candidates for Council from the previous election, who are interested in the vacancy, should be given first consideration before any other applicants are considered. If none of these unsuccessful candidates is selected Council shall then make the appointment from the other qualified applicants. If the Council fails to do so within forty-five days following the occurrence of the vacancy, the power of Council to fill the vacancy shall lapse and the Mayor shall fill the vacancy by appointment at the next regularly scheduled Council meeting following the expiration of the said forty-five days. Unsuccessful candidates for Council from the previous election, who are interested in the vacancy, should be given first consideration before any other applicants are considered. If none of these unsuccessful candidates is selected then the Mayor shall make the appointment from the other qualified applicants. The person so appointed shall serve until the next Municipal election occurring not less that ninety days thereafter at which time a successor shall be elected for the remainder of the unexpired term.
(Amendments approved 11-7-2000)