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 Port Orange
 Code of Ordinances
 CHARTER
 Article III. LEGISLATIVE

  § 3.05. Vacancies; forfeiture of office; filling of vacancies.  

Latest version.

  • (a)

    Vacancies. The office of a council member shall become vacant upon his death, resignation, removal from office in any manner authorized by law or forfeiture of his office, such forfeiture to be declared by the remaining members of the council.

    (b)

    Forfeiture of office. Any member of the city council who shall cease to reside within the city or to have or possess any of the qualifications herein imposed for members of the city council or who shall, while in office, be convicted of a felony, shall forfeit his office, and the seat shall be deemed to be vacant immediately. Absence from three consecutive regular meetings of the city council shall operate to vacate the seat of a member unless a leave of absence is first granted by the city council or such absence is excused by the city council by approval of a motion setting forth the fact of such excuse, duly entered in the minutes.

    (c)

    Filling of vacancies. A vacancy of the council shall be filled in one of the following ways: (1) If there are less than twelve (12) months remaining in the unexpired term or if there are less than twelve (12) months before the next regular city election, the council by a majority vote of the remaining members shall choose a successor to serve until the newly elected council member is qualified; (2) if there are more than twelve (12) months remaining in the unexpired term and no regular city election is scheduled within twelve (12) months, the council shall fill the vacancy on an interim basis as provided in (1), and shall schedule a special election and a primary election to fill the vacancy for the remainder of the unexpired term. The special election and primary election may be held on the day of any state or county primary or general election. Notwithstanding any quorum requirements established herein, if at any time the membership of the council is reduced to less than a quorum, the remaining members may by majority vote appoint additional members under either (1) or (2) above.

    (d)

    Extraordinary vacancies. In the event that all members of the council are removed by death, disability, law or forfeiture of office, the governor shall appoint an interim council that shall call a special election as provided in (c) above.

(Ord. No. 1993-30, § 1, 8-10-93; Ord. No. 1993-31, § 1, 8-10-93)

Editor's note

Ord. No. 1993-30 and Ord. No. 1993-31 were approved at a special election held on October 5, 1993.