If a vacancy occurs in the office of mayor or city councilmember, the city council shall, within sixty days from the commencement of the vacancy, either fill the vacancy by appointment or call a special election to fill the vacancy as follows:
A. If the council calls a special election, the special election shall be held on the next regularly established election date not less than one hundred fourteen days from the call of the special election. A person elected to fill a vacancy holds office for the unexpired term of the former incumbent.
B. If the council fills the vacancy by appointment, the person appointed to fill the vacancy shall hold office pursuant to one of the following:
1. If the vacancy occurs in the first half of a term of office and at least one hundred thirty days prior to the next general municipal election, the person appointed to fill the vacancy shall hold office until the next general municipal election that is scheduled one hundred thirty or more days after the date the council is notified of the vacancy, and thereafter until the person who is elected at that election to fill the vacancy has been qualified. The person elected to fill the vacancy shall hold office for the unexpired balance of the term of office; or
2. If the vacancy occurs in the first half of a term of office, but less than one hundred thirty days prior to the next general municipal election, or if the vacancy occurs in the second half of a term of office, the person appointed to fill the vacancy shall hold office for the unexpired term of the former incumbent.
(Prior code § 2-35; amended during 6/30/96 supplement; Ord. 1082-13 § 1; Ord. 1123-16 § 1)