A. Appointment: Pursuant to Government Code section 36512(b), the Town Council may fill a vacancy on the Town Council by appointment within the time frame established by State law. An appointment under this subsection shall be for the remainder of the term of the former incumbent.
B. Special Election: Pursuant to Government Code section 36512(b), the Town Council may fill a vacancy on the Town Council by calling a special election within the time frame and process called for under State law. The term of office under this subsection following the special election shall be for the remainder of the term of the former incumbent.
C. Interim Appointment And Special Election: Pursuant to Government Code section 36512(c)(3), the Town Council also has the option of filling a vacancy on the Town Council by making an interim appointment and immediately calling a special election. Such interim appointment and calling of a special election shall be done within the time frame called for under State law. The special election may be held on the date of the next regularly established election or regularly scheduled Municipal election to be held throughout the Town not less than one hundred fourteen (114) days from the call of the special election. An appointment under this option shall be only for that period of time until the results of the special election for the vacant Council seat are certified and accepted by the Town Council. Thereafter, the person elected to fill the vacant Council seat shall serve the remainder of the term of the former incumbent.
D. No Majority Appointed Council: Notwithstanding any other provision of this section, an appointment shall not be made to fill a vacancy on the Town Council if the appointment would result in a majority of the members serving on the Town Council having been appointed. In that instance, the vacancy shall be filled in the following manner:
1. The Town Council may call an election to fill the vacancy, to be held on the next regularly established election date not less than one hundred fourteen (114) days after the call.
2. If the Town Council does not call an election pursuant to subsection D1 of this section, the vacancy shall be filled at the next regularly established election date.
E. Election Form: If authorized by State law, if the Town Council determines to call a special election, the Council may determine that that election will be conducted as an all mailed ballot election or a special election as set forth herein.
F. Vacancy In Seat Of Rotational Mayor Or Mayor Pro Tempore: If the Town Council vacancy to be filled pursuant to the procedures of this section consists of the seat of Mayor or Mayor Pro Tempore, then the Council members remaining after such vacancy shall, before making any appointment or calling a special election pursuant to this section, appoint the title of Mayor or Mayor Pro Tempore, as appropriate, to a currently seated Council member. Such appointment of Mayor or Mayor Pro Tempore shall be made by majority vote of the Council body present. If the seated Council members are unable to decide upon an appointment to Mayor or Mayor Pro Tempore, then the appointment shall pass according to Council member seniority. Such seniority shall be based upon the length of time each Council member has been seated; as between Council members who have held their seats for the same length of time, seniority between them shall be based on the number of votes received for their seat.
G. Not For Elected Mayor: This provision only applies in the event that the Town designates the Mayoral seat as an elected position. An elected Mayor may not be filled by an interim appointment. If a vacancy is in the Office of an elected Mayor, then the Town Council has sixty (60) days to make an appointment, and if it fails to make an appointment, then must call a special election as required by Government Code section 34902(a). (Ord. 227, 6-21-2011)