Oroville Municipal Code Art. XXII The Charter

Sec. 1. Vacancies.

A. Any vacancy occurring in any office for Council appointed staff, from whatever cause arising shall be filled by appointment by the City Council; and, in the case of a vacancy in the office of Mayor, Vice Mayor, or City Councilmember such appointment may be made by a majority vote of the Council; provided, further, that if such vacancy exists in any elective office the vacancy shall be filled in accordance to the California Government Code Section 36512(b), as may be amended from time to time. Candidates for office for such unexpired term shall qualify in the manner provided in article IV, section No. 1 of this Charter.

B. In the event a vacancy occurs in any elective office within twenty days before the next succeeding general municipal election then such vacancy may be filled by temporary appointment by majority vote of the City Council for the interim until the induction to office of City Councilmember elected thereat, at which time such vacancy shall be filled by the new City Council as hereinabove provided.

C. In the event that a vacancy exists in any elective or appointive office and the City Council fails to agree or for any reason does not fill such vacancy within sixty days after the same occurs, a Special Meeting shall be called, and the vacancy shall be filled by simple majority vote at that meeting. The appointment may be an interim appointment. Should a simple majority not be reached, staff shall be directed to do one final recruitment. At the completion of that recruitment, the Council shall consider all candidates. Should the council still be unable to reach the simple majority, the mayor shall appoint from that list of candidates.

D. In the event that the seats of a majority of the City Council shall become vacant, then the City Clerk shall call a special election at once to fill the vacancies for the unexpired terms, and such election shall be conducted substantially in the manner provided by law for holding general municipal elections.

E. Except as herein otherwise provided, if any member of the City Council of the City shall move outside the boundaries of their jurisdiction or fail to attend three consecutive regular City Council meetings without the permission of the City Council, or shall resign, or be convicted of a felony, or be adjudged insane, or dies, his or her office shall thereupon become vacant.

F. Notwithstanding any provision in this Charter contained, whenever any person has been elected or appointed to office and for any reason fails or neglects to file the official oath or bond, if required, or for any reason fails to qualify within thirty days after the commencement of the term of office, the City Council may declare the office vacant and proceed to fill the vacancy as hereinabove provided.

[1941, p. 3480; amended by vote of the people, November 8, 1988; amended by vote of the people, November 6, 1990; amended by vote of the people, November 4, 2024]

Sec. 2. Additional Duties of Officers.

In addition to duties herein specified, all officers and boards shall perform such other appropriate duties appertaining to their office as may be prescribed by ordinance or by the general laws.