Title
Amendment to Section 4 of the Duluth City Charter
Body
PROPOSAL:
Sec. 4. Vacancies in office of mayor and councilor; acting mayor.
(A) The office of mayor or city councilor shall be deemed vacant in case of failure to qualify within ten (10) days after election, or by reason of death, resignation, removal from the city or the district except as in Section 2 provided, conviction of a felony, violation of any of the duties of office, which, by provisions of this Charter, render the office vacant, or continuous absence from the city for more than thirty days, but if additional time is needed, leave may be granted by the council for a longer absence.
(B) If any such vacancy occurs in the office of mayor or city councilor (other than by recall or resignation after recall petition is filed) the city council or the mayor, will have a role in filling the vacancy, depending on the circumstances, outlined in sections (C), (D) and (E).
(C) In the event of a city councilor vacancy, the city council will need to determine if the vacancy needs to be filled. If the vacancy is less than 6 months from the next municipal election, the city council may choose to leave the seat open, and the vacancy will be filled through the regular election process. If the vacancy is greater than 6 months from the next municipal election, the city council may appoint an eligible person to fill the city council role, who will serve until the first Monday in January after the next municipal election, when the office shall be filled by election for the unexpired term. A simple majority is needed for this appointment; if the council vote to appoint an eligible person to fill a vacancy results in a deadlock, an eligible person will be chosen by coin toss.
(D) The mayor shall appoint an acting mayor from the councilors-at-large after each general municipal election. The appointment of a councilor as acting mayor shall not be deemed to create a vacancy in the office...
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