The elective offices of the City and of the various wards thereof
shall be elected at the general elections.
Every citizen of the age of 18 years, who shall be qualified
in all respects as required by the constitution and laws of this state
to vote in the election district in which he resides, shall be entitled
to vote in such district, and not elsewhere, for any or all of the
City officers who are to be chosen at any election, and for any or
all of the officers of the ward in which such election district is,
who are to be chosen at any election.
The election officers in each election district of the City
shall forthwith upon its completion deliver to and file with the City
Clerk a certified statement of the result of such election in each
such district respectively, and the City Clerk shall deliver such
certified statement to the Common Council at its regular meeting next
succeeding such election in each year; and the Common Council shall,
upon such certified statement, declare and determine what persons
have been duly elected and make and subscribe a certificate thereof
in a book of record provided for that purpose, whereupon the City
Clerk shall serve each person so elected to office with a written
notice of his election by either serving such notice personally or
leaving the same at his place of residence.
The persons having a plurality of the votes for the respective
offices to be filled shall be declared duly elected and shall enter
upon the discharge of the duties of their respective offices on the
first day of January following their election.
If at any election authorized by this Charter no person voted
for thereat shall have been chosen by reason of two or more candidates'
having received an equal number of votes for the same office, the
Common Council shall appoint a person to fill such office. Such appointment
shall be made between the first day and the fifteenth day of December
following the occurrence of such failure, at a special meeting of
the Common Council called and held for that purpose. The person so
appointed shall take office on the first day of January following
his appointment and hold office until and including the thirty-first
day of December thereafter; and his successor shall be elected at
the general election in the year following such appointment and shall
hold office for the unexpired portion of the term of the office to
which he was elected.
A.
Vacancies occurring in any manner, in any elective office, shall
be filled by appointment by the Common Council. Such appointments,
except in the cases specified in § C3-5 of this Charter,
shall be made not less than 10 days nor more than 20 days after the
occurrence of such vacancy at any meeting of the Common Council. Such
officers so appointed to fill vacancies shall serve until and including
the 31st day of December next following such appointment, and in case
such term of office shall not expire on the 31st day of December next
following such appointment, there shall be elected at the general
election in the year in which such appointment shall be made a person
who shall take office on the first day of January next following such
appointment who shall hold office for the remainder of the unexpired
term. In case the appointment by the Common Council to fill a vacancy
as herein provided shall not be made until after the expiration of
the time in which the name of the candidate for election to fill the
unexpired term of the office in question can be placed upon the ballots
to be voted at the general election in the year in which such appointment
shall be made, then and in that event the person so appointed shall
hold office from the date of such appointment to and including the
31st day of December in the next year; and in case such term of office
shall not expire on the 31st day of December in the year next following
such appointment, there shall be elected at the general election in
the year next following the year in which such appointment shall have
been made a person who shall take office on the first day of January
next following such election and who shall hold office for the remainder
of the unexpired term.
B.
Vacancies in any appointive office shall be filled by the officer,
board or commission authorized by this Charter to make appointments
to such office, but only for the unexpired terms.
[Amended 11-21-1995 by L.L. No. 12-1995]
Each special meeting or regular meeting of the Common Council
for the purpose of making appointments in cases of failure to elect
elective officers and for the purpose of making appointments to vacancies
in elective offices, as provided in §§ C3-5 and C3-6
of this Charter, shall be called by the Mayor, or by the President
of the Common Council, or by any three Aldermen. Such call shall be
in writing and be signed by the officer or officers issuing it and
shall be filed in the office of the City Clerk at least six days before
the day of the meeting. The City Clerk shall indorse upon the call,
when the same is filed, the day and time of filing, and if more than
one call shall be so filed, that first received in order of time shall
be deemed to be the official call for the meeting. Such call shall
state the purpose of the meeting and the time and place of holding
the same. The City Clerk shall also cause a written copy of such call
to be served on the Mayor, the President of the Common Council and
each Alderman, either by mail or by hand delivery at a meeting of
the Common Council. Each such appointment shall be in writing; it
shall be signed by a majority of the members of the Common Council;
and it shall be delivered by the presiding officers of the Common
Council to the City Clerk, who shall file the same in his office and
record it in a book of record to be kept by him for that purpose.
In the event of the failure of the Common Council to make any appointments
to elective offices in case such appointment is necessary under the
provisions of this Charter within the periods of time respectively
prescribed, the Mayor, or, in case of his inability to act, the President
of the Common Council, shall make such appointment.
The provisions of the Election Law shall govern the elections
provided for in this Charter insofar as they are applicable, except
as otherwise provided in this Charter.
