SECTION 3.05. VACANCY.

   (a)   Temporary Absence From Office. In the event that the Mayor is temporarily absent or unable to perform the duties of office, the Clerk of Council shall be notified, and the President of Council shall then assume the duties of the office of Mayor during the temporary absence.

   (b)   Permanent Vacancy. In the event the Mayor, for a period of time in excess of ninety (90) consecutive days, is either absent from office or unable to perform his/her duties because of physical or mental illness or disability, Council may, after providing the Mayor with written notice and an opportunity for a hearing in accordance with Article VIII, Section 8.06(e) (1), upon the affirmative vote of five (5) members, declare the office of Mayor to be vacant.

   (c)   In the event of a permanent vacancy in the office of the Mayor due to his/her resignation, death or permanent disability, the President of Council shall assume the duties of the office of Mayor. Until a successor to the office of President of Council is elected and qualified, the office of President of Council shall become vacant and shall be filled as set forth in Article II, Section 2.06.

   Within ten (10) days after the occurrence of a permanent vacancy in the office of Mayor the President of Council shall issue a proclamation to the Board of Elections declaring the existence of a vacancy in such office and the necessity of holding an election to fill the unexpired term thereof. Such election shall be held at the next primary or general election occurring thereafter; provided that if the unexpired term for such office ends within one year following the occurrence of the vacancy an election shall not be held, and the vacancy shall be filled as provided herein. (Amended 11-2-10; 11-3-20)