El Centro Municipal Code Div. 3 Vacancies; Appointment and Election to Fill; Term

(a) If there is a city council vacancy for any reason, then the remaining members of the city council shall fill such vacancy by appointment and/or special election as provided in this section. The city council shall fill any vacancy on the city council within sixty (60) days from the date the city council is notified of the vacancy or the effective date of the vacancy, whichever is later, by a majority vote of the quorum. The city clerk shall publish notice of the vacancy once in a newspaper of general circulation in the city and post notice of the vacancy in at least three (3) conspicuous places in the city at least fifteen (15) days before the city council makes the appointment.

(b) If the city council vacancy occurs within the first half of a term of office and one hundred thirty (130) days or more remain before the next general municipal election then the person appointed shall serve until the next general election and the person elected at that general election has qualified. The person elected to fill the vacancy shall hold office for the balance of the unexpired term, i.e. for a two-year seat.

(c) If the city council vacancy occurs in the first half of a term of office and there are fewer than one hundred thirty (130) days remaining before the next general municipal election, or if the vacancy occurs in the second half of a term of office, then the city council may call a special election to fill the vacancy to be conducted at the next general municipal election date no less than 114 days from the call of the election. The council also may appoint a person to serve until that election. The person appointed shall serve only until the election. The person elected shall serve the balance of any expired term. Nothing in this subsection (c) shall limit a member of the city council who is an appointed council member from filing to fill a full-term seat instead of a two-year seat or an elected incumbent from filing to fill a two-year seat instead of a full-term seat at the special/general municipal election at which the two (2) seats appear.

Nothing in this section 2-35 shall restrict the city council from calling a special election to fill a vacancy as allowed by law.

(Ord. No. 84-9, § 1; Ord. No. 10-03, § 1, 5-19-10; Ord. No. 18-07, § 2, 9-4-18)