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<br /> {.', This situation may' ~rise when ~ newly
<br /> doing, any eligible person may be selected for the
<br /> elected officer fa i Is to qu~lify , refuses position; the mayor's choice is not restricted 10
<br /> to qualify, dies, or moves Iway before those, persons whose appointment was considered
<br /> qualifying, It may Ilso oc:cur if no succer by tht council. Such an appointment should be
<br /> -, " sor Is elected or if the election of a succ:es. nwIe in yjting and filed by th~ mayor with the
<br /> . sor has been dej-;Iared void. In these city c:lerk. When the vacancy being filled is that
<br /> situations, the cbuncil should fill the of mayor and the council casts a tie vote, the
<br /> vacancy as soon as the term of the former Kting mayor should make the appointment IS by
<br /> officeholder hIS officially ended. ~w he or she may />frorm all duties of the mayor
<br /> In case of a vacancy.
<br /> The recall of an elective officer to active duty in
<br /> the milit.ary service of the United St.ates does not, ,O>uncll Members Ineligible to FUl
<br /> in the absence of other c:fiumst.ances, ~~te a Cerfuin V-au
<br /> ncancy in a person's office.
<br /> - r~'","",: ~ity council members, Including mayors and
<br /> I ~ elected clerks, may not be appointed 10 ~ vacan-
<br /> cies in other elective offICes in the city. This ,
<br /> Vacancies in statutOry city elective offices rule applies even though a council member resigns
<br /> are filled by ~ppointment of the council for the ~e position on the council before the appointment
<br /> portion ~~ the term remaining until the next city is made. There ~re only two exceptions to this
<br /> election, The council fills vacancies by passing general role. In the first place, council members
<br /> ~ resolution naming the appointee and the office to may be appointed by the governor to the office of
<br /> which he is being appointed, The resolution must municipal judge. In the second place, any member
<br /> be passed by majority of the council voting on the of -&he council may be appointed 10 the office
<br /> question when a quorum is present, A.ny individual of either -mayor or ,Jerk, but in such a case the
<br /> may be appointed to fill a vacancy in an elective perso.n<<in~lfPpointed lTIay IlOt '\IOte on the
<br /> offICe if that 4ndividual would be ~igible for appolOtmenL '
<br /> election to that office. .The council is not obligated
<br /> to appoint any candidate previously defeated in ~n
<br /> election for the office, B, THE MAYOR
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<br /> . The length of the appointee's term depends As the offICial head of the city, the mayor
<br /> on when the vacancy occurs, If the vacancy oc:curs speaks officially for both the government and the
<br /> before the duties of the elected officer are as- community IS I whole. ' The responsib i I i ties
<br /> sumed, the appointee's term rons from January 1 derived from this role and the powers and duties
<br /> until the next city election. Wthe vac.ancy DCalrs imposed upon the mayor by statute are described
<br /> dYfingthe (jm two yeaij'cif l'four-year term, the in the following list. In addition, the mayor in all
<br /> appointee serves until the next city election when a statutory .and most charter cities, is the presiding
<br /> sPecial election fs neld at tha~Jime -to fill the offICer and a regular member of the city council
<br /> remaining two years of the term. If the next city and has all the powers and duties described later
<br /> election is held in November, the newly elected for the offICe of council member.
<br /> councilmember would take office the following
<br /> January, JUSt IS if it were a normal election, If In a home rule charter city, the duties and
<br /> ~e vacancy oc:curs in the lISt two years of a term, responsibilities of the mayor are spelled out in the
<br /> 'the appointee serves for the remainder of the term charter . This chapter deals with mayors of statu-
<br /> of the person replaced. lOry cities for the most pan.
<br /> ~il]g coU'ocil ~ember -is 1H'ohibit.ed .lrIlm Official Head of die City
<br /> _ing the .appointment-of,the fllCCesior -to that
<br /> ~ncy but if the retiring member does1f the This role lives the mayor three very important
<br /> .appointee is It least a de faCIO officer, A responsibilities.
<br /> council member who is elected mayor may, upon
<br /> becoming mayor, panicipate i~re appointment to In th~ first plac:e, the mayor usually serves as
<br /> fill the vacancy on the council. the cIty's representative before the state legislature,
<br /> federal IjII:ncies, and other local IlOvemments,
<br /> If the coul)Cil votes on an appointment, Ind the
<br /> :.' wte results In I tie, the mayor mill' fItIke ~e 4n the second plac:e, the mayor will be expected
<br /> _pointment without COUncil approval. tn 10 to perform ceremonial duties on behalf of the
<br /> -19- , 1985
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