§ 3.5. Vacancies; forfeiture of office; filling of vacancies.

(a)

Vacancies . The office of a councilmember shall become vacant upon his death, resignation, removal from office in any manner authorized by law, or forfeiture of his office.

(b)

Forfeiture of office . A councilmember shall forfeit his office if he (1) lacks at any time during his term of office any qualifications for the office prescribed by this Charter or by law, (2) violates any express prohibition of this Charter, (3) is convicted of a crime involving moral turpitude, (4) is in default to the city, or (5) fails to attend three (3) consecutive regular meetings of the council without being excused by the council. All candidates seeking election must be residents of the City of Minneola, and those who move out of the city limits during their term of office shall immediately surrender that seat. Any member of the city council, boards, commissions, committees, or agencies who is indicated for violation of the law, or against whom an information for a crime involving moral turpitude is filed, will automatically be suspended and shall not take part in government affairs until the disposition of the case. If acquitted all rights and salary due will be restored, if convicted the elected official's seat becomes vacant and the procedure outlined in Section 3.5 (c) will apply, and the appointive official's seat becomes vacant.

(c)

Filling of vacancies . A vacancy on the council, including Seat 3 shall be filled in one of the following ways:

(1)

If there are less than six (6) months remaining in the unexpired term or if there are less than six (6) months before the next regular city election, the council by a majority vote of the remaining members shall appoint a successor to serve until the newly elected councilmember is qualified. A vacancy of Seat 3, the mayor/councilmember seat, shall be filled as provided herein but the vice-mayor appointed by the council shall have the duties of and serve as mayor until Seat 3 is filled by a newly elected mayor/councilmember at the next regular election and he is subsequently qualified;

(2)

If more than six (6) months remain in the term of the vacated seat, that seat shall be filled by election, to be held no sooner than sixty (60) days nor more than seventy-five (75) days following the occurrence of the vacancy. The person elected shall serve until the next regular election. If the council fails to appoint as prescribed in (1) or to call an election as prescribed in (2), the official or officials charged with holding an election in the county shall call a special election to fill the vacancy, to be held not sooner than ninety (90) days and not more than one hundred (100) days following the occurrence of the vacancy. Notwithstanding the requirements in Section 3.9, that a quorum of the council consists of a majority of the members, if at any time the membership of the council is reduced to less than a quorum, the remaining members may by majority action appoint additional members under (1) or call for an election under (2) above.

(d)

Extraordinary vacancies . In the event that all members of the council are removed by death, disability, or forfeiture of office, the governor shall appoint an interim council that shall call a special election as provided in (c) above, and such election shall be held in the same manner as the first election under this Charter.

(Ord. No. 81-14, § 1, 8-8-1981; Ord. No. 2009-01, § 1, 1-20-2009)