(A) Whenever a vacancy in the position of Council member has been brought to the attention of the Clerk, the Clerk shall publish a Notice in a newspaper of general circulation within the Municipality, giving Notice that a vacancy exists and that persons interested in filling the vacancy may submit written application to the Clerk. The Notice shall be published once a week for two consecutive weeks. The Notice shall indicate that the remaining members of Council shall be eligible to fill the vacancy at any time which is at least thirty days following the first publication of Notice (the “Council Appointment Date”) and that interested persons must submit their written application at least three business days prior to the Council Appointment Date to be considered eligible for appointment.
(B) At any time thirty days after the Clerk has first published the Notice described in paragraph (A), a vacancy in the Council shall be filled by a majority vote of the remaining members of the Council. The Council may consider any eligible candidate for the position and may consider such qualifications as it deems proper.
(C) Council Vacancies. If the vacancy occurs more than forty days before the next regular municipal election (held in an odd-numbered year), a successor shall be elected at that election for the unexpired term unless the unexpired term ends within one year immediately following the date of that election, in which case an election to fill the unexpired term shall not be held and the person appointed or elected under division (B) of this section shall hold the office for the unexpired term. If an election is held under this division, the person so elected shall take office on the first day of January following that election, and the person temporarily appointed shall hold the office until that time.
(Amended 11-8-16)
(D) If the Council shall fail to elect a person to fill a vacancy in the Council under paragraph (B) of this Section within forty-five (45) days after the Clerk has first published the Notice described in paragraph (A), its power to do so shall lapse and the Mayor shall appoint a person to serve for the time as provided in paragraph (C).