§ 3.04. Council Members and Mayor Vacancies; Removal from Office.

(a)

Vacancies.

(1)

A.

Vacancies on the Council caused by death, resignation (except for resignations as provided for in subsection B), refusal of any Council Member to serve, removal of any member of the Council, the moving of a Council Member from the electoral district from which the Council Member is elected, or for any other reason shall be filled as provided for herein by a majority of the remaining members of the Council and such vacancies shall be filled by the Council within forty-five (45) days after such vacancy occurs. The election to replace an appointed Council Member with an elected Council Member shall take place at the next primary and general municipal election for which the qualifying period has not begun at the time of the vacancy. When such elections are not in a year which would constitute the commencement of a new term, the term for that person so elected shall end at the time the term of the person who originally vacated the position would have ended.

B.

Vacancies on the Council caused by certain types of resignation:

1.

When the resignation is submitted prior to the beginning of the qualifying period for the municipal elections to take place in the year the resignation is submitted; and

2.

The effective date of the resignation is later than the date the resignation was submitted and is later than the beginning of the qualifying period for the municipal elections to take place in the year the resignation is submitted;

then the election to fill this seat with an elected Council Member shall take place in the primary and general municipal elections to take place in the year the resignation was submitted. The person so elected shall take office on January 2 of the year following the election. However, where a resignation would result in a district being unrepresented for more than 50 days, the majority of the remaining members of the Council may within 45 days of the actual vacancy occurring appoint a replacement who shall serve until the person elected as provided herein takes office.

C.

Appointed Council Members shall be a resident of the district in which the vacancy occurs and shall have and possess all the qualifications required for elected Council Members. Appointed Council Members shall serve until replaced by an elected Council Member as provided herein. Appointments or elections to fill a vacancy shall not change the base year for, or the date of commencement of, the terms of each district established in Section 3.02.

(2)

Vacancy of the Mayor caused by death, resignation, refusal of the Mayor to serve, removal, or for any other reason, shall be filled as provided for in Section 4.03 below. When the vacancy occurs within eight months of a regularly scheduled City election and prior to the beginning of the qualifying period for that election, an election for Mayor shall be held as part of that election. The Acting Mayor shall serve until the newly elected Mayor is sworn in. The newly elected Mayor shall serve the unexpired term of the previous Mayor if the election is one in which there would not normally be a Mayoral race.

If the vacancy occurs at any other time and would require an individual to serve as Acting Mayor for a period of greater than six months, then City Council shall schedule a special primary and general election for Mayor to be completed within five months of the occurrence of the vacancy. City Council shall by ordinance provide for the dates of the elections and the length of the qualifying period which qualifying period shall in no event be less than one week. The individual elected in this manner shall take office one month after being declared elected by City Council and shall serve the remainder of the unexpired term of the previous Mayor.

(b)

Extraordinary Vacancies. In the event that all members of the City Council are removed by death, disability or forfeiture of office, the governor shall appoint an interim City Council that shall call a special election to fill all City Council positions. Should three or more vacancies occur simultaneously on Council, the remaining members shall within fifteen (15) days call a special election to fill the vacant City Council positions.

(c)

Removal of Council Members or Mayor. The City Council shall have power and authority to remove from office any members of the City Council or the Mayor for corruption, criminal misconduct, gross malfeasance in office, or for violation of the City Code of Ethics, after due written notice is delivered to the accused and the accused has an opportunity to be heard and defend against the accusations. The aforementioned written notice, before being delivered to the accused, must be approved by at least two-thirds of the existing membership of City Council that is eligible to vote on the matter. A member of City Council or the Mayor may only be removed from office upon a vote wherein no less than two-thirds of the existing membership of City Council that is eligible to vote on the matter affirmatively vote for such action. Subsequent to the aforementioned written notice being delivered to the accused, the Council by a vote wherein no less than two-thirds of the existing membership of City Council that is eligible to vote on the matter affirmatively vote for such action shall have the authority to suspend a member or the Mayor pending the disposition of charges for removal. The accused member shall not be entitled to participate in the deliberations or decision in relation to the suspension or removal except the accused shall have the right to defend against the charges as provided in this Section 3.04(c). Eligible to vote as used in this Section 3.04(c) means any member of City Council, whether present at the meeting or not, who is not prohibited by state law from voting because of a conflict and is not prohibited from voting because of a provision of this Charter. Where a suspension of a Council Member or the Mayor occurs pursuant to this section of the Charter, the suspended official shall have the right to an immediate hearing upon demand to determine if there is sufficient evidence to establish the following two elements: (1) that probable cause exists to believe that the charges are true; and (2) that, if true, the charges would be grounds for removal. This hearing shall be held and the matter shall be decided by City Council. The rules of procedure shall be the same as those which apply to the hearing for removal. If City Council does not find by an affirmative vote of at least two-thirds of the existing membership of City Council that is eligible to vote on the matter that the evidence produced at the hearing is sufficient to establish the aforementioned two elements, the suspension shall terminate immediately and the official shall be reinstated pending a final hearing on removal.

A final hearing for removal must take place and a decision rendered within ninety days after receipt by the accused of the above mentioned written notice unless both the City Council, by majority vote of those members eligible to vote on the matter, and the accused agree to extend the time. In order for City Council to remove the accused official from office, Council must find that the preponderance of the substantial competent evidence presented at the hearing supports the charges which are the basis for the removal proceeding. If, after the final hearing, the City Council is unable to support such a finding by an affirmative vote of at least two-thirds of the existing membership of City Council that is eligible to vote on the matter, any suspension of the accused shall terminate and the accused shall be reinstated to office for any unfinished portion of the official's term. During a hearing regarding suspension or removal, the accused shall have the right to present evidence and testimony and to cross examine witnesses.

(Ord. No. 197-F, § 1, 1-6-1977; Ord. No. 1012-F, §§ 3, 4, 1-7-1988, ratified 3-8-1988; Ord. No. 81-G, § 2.4, 2-25-1993, ratified 3-23-1993; Charter Review Commission, Amendment 1, Amendment 4, ratified 3-27-2001; Ord. No. 809-G, § 2, 1-22-2007, ratified 3-13-2007; Ord. No. 941-G, § 3, 8-6-2009; ratified 11-3-2009)

State law reference

Mandate to provide for filling of vacancies in elective offices, F.S. § 166.031(6).