§ 16. Vacancy in Office of Mayor and Council Members—How Filled  


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  • Whenever any vacancy shall occur in the office of Mayor or in the office of any Council Member prior to March 1st of the year of the general City election for the office of Mayor or Council Member, it shall be filled for the unexpired term by a special election ordered by the City Council and held City-wide if the vacancy is in the office of the Mayor or held in the applicable ward if the vacancy is in the office of a Council Member. The special election shall be held within ninety (90) days after such vacancy shall occur.

    For the purpose of selecting the candidates to be voted on at such special election, the Council shall fix the dates for filing of candidates for such office which shall be for a period of not less than eight (8) days, and the opening and closing dates for such filing shall be consistent with state law governing special elections. All provisions of this Charter pertaining to special elections shall apply to any special election provided for by this section, except as otherwise specifically provided herein.

    Until the vacancy in the office of Mayor has been filled by the special election, the then President of the City Council shall take the oath of office of, and become, and shall be styled Acting Mayor for the interim period, and as such shall exercise all the powers and discharge all the duties of Mayor, and while so acting shall be entitled to the salary of Mayor, but such salary shall be in lieu of, and not additional to, the salary as Council Member in [the] event such person shall occupy both offices.

    Whenever any vacancy shall occur in the office of Mayor on or after March 1st of the year of the general City election for the office of Mayor, the then President of the City Council shall fill the vacancy for the remainder of the vacated term in the same manner as provided above.

    Whenever any vacancy occurs in the office of any Council Member on or after March 1st of the year of the general City election for the office of Council Member, such vacancy shall be filled by the City Council appointing a qualified voter from the ward for which the vacancy exists, to hold office for the remainder of such unexpired term, provided that no such appointment shall be made after the opening date for filing for such position in the next ensuing city general election.

    When a vacancy for Council Member exists on or after the first date for filing, the person elected at the general City election, upon certification of the general City election results, shall fill the position for the remainder of the unexpired term. (As amended 6-20-82; 11-4-75; 11-2-76; 83-Or-234, § 2, 9-30-83; 11-8-83; 92-Or-035, § 1, 3-13-92; 95-Or-041, § 1, 3-10-95; Charter Amend. No. 161, § 9, ref. of 11-7-06; 2010-Or-091, § 5, 10-12-10)

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Amendment of June 20, 1932, required the president of the council to take the office of acting mayor when a vacancy occurs in the office of mayor and provided for the filling of vacancy in the office of alderman. The amendment of November 4, 1975, provided that vacancies in the office of alderman occurring within the first fourteen (14) months of the alderman's term of office be filled by special election rather than by appointment. The amendment of November 2, 1976, provided that a vacancy in the office of mayor occurring before March 1st of the year of the city election be filled by a special city-wide election. The amendment of November 8, 1983, changed "Alderman" to "Council Member." The amendment of November 7, 2006, provided for the elimination of primary elections for city offices, amended filing dates, and allowed for single transferable vote, sometimes known as ranked choice voting or instant runoff voting.