§ 3.01.040. Elected officers.

A.

The mayor, councilmembers, and school board elect shall take their respective offices on the first Monday following their election. The mayor, councilmembers elect, and the school board elect, shall take an oath of office which shall be filed with the city clerk. If any elected officer shall fail, neglect, or refuse to take the oath of office within thirty (30) days of the election, the remaining members of the council or school board shall have the power to declare a vacancy.

B.

Forfeiture of Office. An elected office is vacated under the following conditions and upon the declaration of vacancy by the council or school board:

1.

Fails to qualify or take office within thirty (30) days after his/her election or appointment; or

2.

Is physically absent from the municipality for a ninety (90) day period, unless excused by the council or school board; or

3.

Resigns and the resignation is accepted; or

4.

Is physically or mentally unable to perform the duties of his/her office; or

5.

Is removed from office; or

6.

Misses three consecutive regular meetings unless excused; or

7.

Is convicted of a felony or of an offense involving a violation of his/her oath of office; or

8.

Attends regular meetings via telephone more than four times in a calendar year.

C.

Filling of Vacancies. The council and school board, by the majority vote of its remaining members, shall fill vacancies in its own membership. The council shall fill the vacancy in the office of mayor. The appointee shall serve until the next regular election.

(Ord. 92-02-01 § 6 (part))

(Ord. No. 13-06-04, § 5)