ATTACHMENT 2
This article
shall govern the filling of vacancies in the offices of mayor and town council
members.
(Ord. No. 86-2-24/0-4a, § 1)
A vacancy in the council which occurs in the first year of a four-year term of office, or during the portion of the second year which ends on the third day before the end of the filing period for that office as provided by the General Statutes, shall be filled by appointment of the town council only until the next general election, at which time the candidate receiving the fifth highest number of votes (and, if necessary, the sixth, seventh and eighth highest number) shall be declared elected for the remainder of the unexpired term. A vacancy occurring at any other time shall be filled for the remainder of the term.
A vacancy in the office of mayor shall be filled for the remainder of the term.
If the number of vacancies is such that a quorum of the
council cannot be obtained, the mayor shall appoint enough members to make up a
quorum and the council shall fill the remaining vacancies; and, if the office
of mayor is also vacant, the governor may fill the vacancies, as provided by
North Carolina General Statute Section 160A-63.
(Ord. No. 86-2-24/O-49, § 1; Ord. No. 95-9-11/O-4, § 1)
When a vacancy occurs, the mayor shall announce the vacancy at the next regular or special meeting of the council. The council shall at the same meeting set a deadline for applications for the vacant seat, which deadline shall be no less than seven (7) days and no more than thirty (30) days after publication of a notice of the vacancy. The mayor shall direct the clerk to have the notice of the vacancy published in a newspaper of general circulation by the seventh day after the date on which the mayor announced the vacancy. If the office of the mayor is vacant, the mayor protempore shall perform the duties of the mayor under this section.
The notice of a vacant office shall invite residents who are
registered voters and otherwise qualified to hold the office to file an
application with the town clerk by the deadline set by the council. If the
mayor fills the vacancies under North Carolina General Statute Section 160A-63
because a quorum of the council cannot be obtained, the mayor shall determine
an application deadline which shall be no less than seven (7) and no more than
thirty (30) days after publication of the notice of vacancy.
(Ord. No. 86-2-24/O-49, § 1)
Applications for a vacancy shall include the name, residence
address, and signature of the applicant. The applicant may include information
in support of the application if the applicant wishes. The application may but
need not be on a form provided by the town clerk. Applications shall be
submitted to the clerk's office.
(Ord. No. 86-2-24/O-4a, § 1)
Promptly after the deadline for applications, the mayor shall cause copies of the applications to be distributed to the council.
At the next regular meeting of the council, or at a special
meeting which may be called at the discretion of the council, the council shall
review the applications and council members may make nominations. All
nominations under this article shall be made only from applications received by
the application deadline.
(Ord. No. 86-2-24/O-4a, § 1)
At the next regular meeting or at a special meeting which
shall be at least six (6) days after the meeting at which nominations may have
been made as provided in section 2-27, the council may make additional
nominations and may make an appointment to fill the vacancy. If the council
does not make the appointment at such a meeting, the council shall make
nominations and vote on the appointment at each subsequent meeting, whether
regular or special, in which the appointment may be made under the council's
rules of procedure.
(Ord. No. 86-2-24/O-4a, § 1)
Secs. 2-29--2-48. Reserved.