(a) Absence. When the Mayor is temporarily absent from the Municipality or is unable for any cause to perform their duties, the Mayor shall appoint from the department heads presently serving an individual to serve as Acting Mayor with the same rights, powers and duties as the Mayor during the term of their temporary absence. In the event that the Mayor is unable for any reason to make such appointment of an Acting Mayor, the President of Council or the individual acting in the capacity of President of City Council shall make such temporary appointment.
(Amended 11-7-00; 11-3-20.)
(b) Vacancy. In the event the office of Mayor shall become vacant for any reason, the President of Council shall become Acting Mayor. In the event the President of Council, for any reason, cannot assume the office of Acting Mayor, the Director of Law shall assume the office. In the event the Director of Law, for any reason, cannot assume the office of Acting Mayor, Council shall select from the remaining Directors one who need not be a resident of the City of Westlake, to serve as Acting Mayor. During their term of service, an Acting Mayor shall be paid the salary established by Council for the position of Mayor and may retain their original elected or appointed position at no additional compensation. If less than twelve (12) months remain in the vacated Mayor’s term, the Acting Mayor shall serve for the remainder of the unexpired term. If twelve (12) or more months remain in the vacated Mayor’s term, the Council shall, within fourteen (14) days after the vacancy occurs, provide for a special election, with no preliminary primary, to be held within one hundred twenty (120) days from the date of the vacancy to fill such vacancy. The candidates for the special election shall be chosen in the following described manner:
(1) Any candidate who files a nominating petition that is signed by not less than two hundred fifty (250) qualified electors shall be a candidate at the special election.
(2) Unless otherwise provided by the Constitution or the general laws of the State of Ohio, all candidates must file their nominating petitions not later than 4:00 p.m. of the 60th day before the day of the special election. The person receiving the largest number of votes in the special election shall become Mayor and take office upon certification by the Board of Elections, and they shall serve for the unexpired term of office. They may be a candidate to succeed themself.
(3) If no one candidate in the special election receives greater than forty percent (40%) of the votes cast, Council shall, within thirty (30) days of the special election in (b)(2) herein, provide for a run-off election between the two candidates receiving the highest number of votes in the special election. The candidate receiving the highest number of votes cast in the run-off election shall be elected Mayor. (Amended 11-2-10; 11-3-20.)