§ 8-6. Resigning from office to run for another; vacancies on city commission.
(a)
Resigning to run for office. No commissioner may qualify as a candidate for another public office if the terms or any part thereof run concurrently with each other without resigning, in writing, from the office he or she presently holds. If a commissioner resigns office to run for another public office, the resignation is irrevocable. The resignation to run for another public office creates a vacancy on the city commission which shall be filled by election at the next regular city election.
(b)
Other vacancies on city commission.
(1)
If a vacancy occurs on the city commission, by any means other than a resignation to run for another public office, then the remaining commissioners shall, by a majority vote, fill the vacancy by appointing a commissioner who shall serve until the next regular city election. If the vacancy occurs within sixty (60) days prior to the next regular city election and the term does not expire at the next regular city election, the appointment shall be until the regular city election, which shall occur two (2) years following the next regular city election. All appointments shall be made within forty-five (45) days of the date upon which the vacancy occurs. If less than forty-five (45) days remain in the unexpired term, no appointment shall be made. If, after five (5) ballots, the commission has not filled the vacancy or, if by unanimous vote, the commission decides not to fill the vacancy, then the vacancy shall not be filled until the next regular city election.
(2)
The commissioner who shall be elected at the next regular city election shall serve only the unexpired balance of the term, if applicable.
(3)
Notwithstanding any quorum requirements, if at any time the membership of the city commission is reduced to less than a quorum, the remaining commissioners shall be required, by a majority vote, to fill the vacancies until a quorum is appointed, irrespective of any other requirements of this section.
(4)
Vacancies in candidacy.
a.
In the event of the withdrawal, death or removal of a qualified candidate or candidates for an elected municipal office following the end of the qualifying period which results in one (1) candidate remaining on the ballot for that office, the remaining candidate shall be declared the winner and no election for that office shall be required. The winning candidate shall hold office only until the next scheduled election which is held city wide in the City of Lauderhill, including a special election called by any governmental agency.
b.
In the event of the withdrawal, death or removal of a qualified candidate or candidates for an elected municipal office following the end of the qualifying period which results in no candidate remaining on the ballot for that office, the remaining commission shall make an appointment to that seat. The appointed commissioner shall hold office only until the next scheduled election which is held city wide in the City of Lauderhill, including a special election called by any governmental agency.
c.
A candidate who withdraws or is removed from the ballot after having qualified and paid the qualification fee shall not receive a refund of the qualifying fee, nor shall be appointed by the commission for the seat if an appointment is made. The city shall refund the qualification fee to the candidate's designated beneficiary in the event of death, in accordance with F.S. § 99.092.
d.
"Qualified candidate" is defined to mean someone who is in compliance with all laws of the City of Lauderhill and State of Florida to be eligible for their name to be on the ballot.
(5)
If a vacancy in the office of mayor occurs, the vice mayor shall assume the duties and responsibilities of the mayor in accordance with the Charter Section 3.08(d) of the city. If the vacancy occurs within sixty (60) days prior to the next regular city election, and the term does not expire at the next regular city election, or if there is less than two (2) years remaining on the unexpired term of the mayor, then the vice mayor shall serve until the expiration of the regular term of the mayor.
If the vacancy occurs more than sixty (60) days prior to the next regular city election, and the term does not expire at the next regular city election, then the vice mayor shall serve until the next regular city election, at which time the city shall conduct an election for the position of mayor to fill the remaining unexpired balance of the term of the mayor. At such time that the vice mayor serves as mayor, the commissioner who most recently had served as vice-mayor shall thereupon assume the position of vice mayor.
(6)
Extraordinary vacancies. In the event that all members of the city commission are removed by death, disability, law or forfeiture of office, the governor shall appoint a three-member interim commission. If there are more than one hundred eighty (180) days remaining before the next regular city election, then the three-member interim commission shall call a special election within sixty (60) days of the appointment by the governor and this special election shall be held in the same manner as provided for under the regular election procedures in the City Charter §3.08(c); however, if there are less than one hundred eighty (180) days remaining before the next regular city election, then the three-member interim commission shall continue to serve until the date of that next regular city election.
(Ord. No. 96O-152, § 1, 10-28-96; Ord. No. 97O-103, § 1, 2-24-97; Ord. No. 98O-6-127, § 1, 6-29-98; Ord. No. 98O-6-126, § 1, 9-14-98; Ord. No. 10O-07-140, § 1, 8-30-2010; Ord. No. 10O-09-166, § 4, 10-25-2010)