The Mayor and Town Council shall meet in some convenient place in said town in July of each year and as often thereafter as may be necessary in the discharge of their duties. The majority shall form a quorum for the transaction of business and the presence of the Mayor shall be counted toward such quorum; and upon each action taken the yea and nay vote of each Councilperson shall be recorded opposite his or her name. The Mayor shall cast a vote upon such action only in the event that the votes of the Council members are otherwise tied. The Mayor and Council shall pass rules and regulations consistent with the provisions of this subtitle for their own government while in session. The absence of any Councilperson from three (3) consecutive meetings, shall constitute a vacancy, which vacancy shall be declared by duly adopted motion of the Council.
A vacancy in the office of Mayor or Councilperson shall be filled for the balance of the term as follows. For any vacancy that occurs within ninety (90) days of any regularly scheduled election, the position shall remain vacant until that election. Any vacancy that occurs more than ninety (90) days but less than 180 days before any regularly scheduled election shall be filled by appointment of the Mayor and Council by majority vote within 30 days of the vacancy. The Board of Supervisors of Elections shall schedule a special election for any vacancy that occurs more than 180 days prior to the next regularly scheduled election. The special election shall be held within sixty-five (65) days of the vacancy occurring.
In the event of a tie vote in the special election of Mayor and/or Council member, a runoff election of the tied candidates shall be conducted within 30 days after the special election.
As needed, the Mayor shall appoint a Mayor Pro Tem from among the membership of the Council. In the event of a vacancy in the Mayor's position, the Council shall appoint a Council member as Mayor Pro Tem, who shall serve as Mayor until such time as a new Mayor is elected or appointed.
All special elections shall be conducted by the Supervisors of Elections in the same manner and with the same personnel, as far as practicable, as regular town elections. The Mayor shall preside at the meeting of the Council and shall call meetings from time to time as the Mayor may deem necessary, but in case of the Mayor's absence from any meeting, the Mayor Pro Tem shall preside. A Council member acting as the presiding officer in the absence of the Mayor may vote as a Council member.
[Ch. 154, § 6, L 1924; as amended by Ch. 407, L 1933; resolution of the Mayor and Town Council 8-14-1972; Resolution 86-CR-013 by the Mayor and Town Council 3-3-1987; Resolution 04-CR-004 of the Mayor and Town Council 8-9-2004; 5-14-2014 by Res. No. 2014-CR-01; 7-10-2019 by Res. No. 2019-CR-02; 11-12-2020 by Res. No. 20-CR-04]