§ 2.05. Vacancies; forfeiture of office; filling of vacancies.

(a)

Vacancies. The office of a council member shall become vacant upon the member's death, resignation, removal from office or forfeiture of office in any manner authorized by law.

(b)

Forfeiture of office. A council member shall forfeit that office if the council member:

(1)

Lacks at any time during the term of office for which elected any qualification for the office prescribed by this charter or by law, with the exception of the residency requirement in the event that a council member moves from the ward in which he or she was elected to another ward within the city limits;

(2)

Violates any express prohibition of this charter;

(3)

Is convicted of a felony or any crime involving moral turpitude; or

(4)

Fails to attend three (3) consecutive regular meetings of the council without being excused by the council.

(c)

Filling of vacancies. In the event that a vacancy in the city council should occur, the council shall by a resolution passed at the next regularly scheduled council meeting, declare such vacancy to exist and shall promptly appoint an eligible person to fill the vacancy until the next regular municipal election, when the office shall be filled for the unexpired term. The appointment of a qualified person shall be affirmed by a majority vote of the remaining members of the council. If the council fails to so appoint an eligible person within thirty (30) days following the occurrence of the vacancy, a special election shall be called to fill the vacancy, to be held not sooner than sixty (60) days and not later than ninety (90) days following the occurrence of the vacancy, and to be otherwise governed by law. Notwithstanding any requirement with respect to a quorum, if at any time the membership of the council is reduced to less than three (3), the remaining members may, by majority action, appoint additional members to raise the membership to five (5).

(Ord. No. 93-13, 9-27-93)