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Section 2-206. Vacancies in Office, Filling of Vacancies.

 

(a)  A vacancy in office shall exist when the Mayor, a Commissioner or the Auditor fails to qualify by taking the oath following his or her election, or when any officer or employee dies, resigns, is removed from office, is convicted of a felony, is judicially declared to be mentally incompetent, is convicted of an offense which constitutes corruption, malfeasance or delinquency in office, forfeits his or her office under specific provisions of this Charter, or is elected or appointed to a different office, and qualifies, takes and assumes the duties of such different office.

 

(b)  If a vacancy occurs in an office elective under this Charter more than one hundred (100) days preceding the regular primary election to be held in the fourth year of the term of that office, or less than seventy‑one (71) days preceding the regular general election to be held in that year, the Council, by a single resolution, shall call for two (2) special elections not more than forty‑five (45) days apart.  The first special election will be for the purpose of nomination.  It shall be held not more than ninety (90) days after the vacancy occurs, unless the Council finds reasonable cause for delay beyond ninety (90) days.  If one candidate receives a majority of the votes cast for the office, that candidate will be deemed elected to fill the unexpired term of the office and the second special election will not be held.  If no candidate receives a majority, one of the two candidates receiving the highest number of votes cast in the first special election will be elected to fill the unexpired term in the second special election.

 

(c)  If a vacancy occurs in an office elective under this Charter less than one hundred and one (101) days and more than seventy (70) days preceding the regular primary election to be held in the fourth year of the term of that office, the Council shall call for a special election to be held not more than forty‑five (45) days following the regular primary election.  The regular primary election will be for the purpose of nomination to fill the unexpired term and nomination of candidates for the next four‑year term of the office to be voted upon in the regular general election.  If one candidate receives a majority of the votes cast for the office, that candidate will be deemed elected to fill the unexpired term of the office and the special election will not be held.  If no candidate receives a majority, one of the two candidates receiving the highest number of votes cast in the regular primary election will be elected to fill the unexpired term in the special election.

 

(d)  If a vacancy occurs in an office elective under this Charter less than seventy‑one (71) days preceding the regular primary election, but more than seventy (70) days preceding the regular general election, to be held in the fourth year of the term of that office, and the incumbent vacating the office:

 

(1)  Was one of two or more candidates for the same office in the regular primary election, then if an opposing candidate was nominated by a majority of votes cast in that primary, that candidate will be deemed elected to fill the vacated office until the regular general election and the candidate elected at the regular general election will fill the balance of the unexpired term.  If no candidate opposing the incumbent was nominated by a majority of votes cast in that primary, the Council shall call for a special primary election as provided in paragraph (2) of this subsection.

 

(2)  Was an unopposed candidate for the same office in the regular primary election, then the Council shall call for a special primary election.  If the special primary election is held less than one hundred and one (101) days preceding the regular general election and no candidate is nominated by a majority of votes cast, the candidate elected in the regular election will fill the balance of the unexpired term.  If the special primary election is held less than one hundred and one (101) days preceding the regular general election and a candidate is nominated by a majority of votes cast, that candidate will be deemed elected to fill the balance of the unexpired term.  If the special primary election is held more than one hundred (100) days preceding the regular general election and a candidate is nominated by a majority of votes cast, that candidate will be deemed elected to fill the balance of the unexpired term.

 

(3)  Was not a candidate for the same office in the regular primary election, then if a candidate is nominated by a majority of votes cast in that primary, that candidate will be deemed elected to fill the balance of the unexpired term.  If no candidate is nominated by a majority of votes cast, the Council shall call for a special election in which the candidate receiving a majority of votes cast will be deemed elected to fill the balance of the unexpired term.

 

Any election required by this subsection, between two nominees who received the highest number of votes cast in a prior election, shall be held not more than forty‑five (45) days after the prior election.

 

(e)  A person holding an office elective under this Charter may file with the Auditor a written notice of intent to resign from office on a specific future date of the occurrence of a specific event within the unexpired term of the office.  The Council then may by resolution schedule and hold the special election or elections, as provided in subsections (b) through (d) of this Section, although no vacancy has occurred.  However, no candidate elected to fill an unexpired term under this subsection may take and assume the duties of the office unless and until the vacancy occurs.

 

(f)  If a vacancy occurs in the Office of the Auditor, the Council may fill the office by appointment pending election as provided therein.

 

(g)  In the event of the death or crippling disability preventing the performance of three (3) or more members of the City Council due to natural disaster, calamity, accident or enemy attack, the following City officials in the order named shall succeed to the vacancies on the City Council:  City Auditor, City Attorney, Director of Office of Fiscal Administration, executive assistants of disabled Council members in the order of their seniority as an executive assistant.  Any individual serving under this Section shall have all qualifications required in this Charter for an elected official.  The City Council thus constituted shall serve as an interim Council for the purpose of transacting necessary City business.  The interim Council so constituted shall as soon as practical select from among qualified citizens of the City ofPortland, as defined by Section 2‑202 of this Charter, persons to serve as members of the City Council.  The persons so selected shall serve until the next regular election.  The City Council as thus constituted shall, if the regularly elected Mayor is not a member thereof, elect one of their number as Mayor.  Members of the Council as thus constituted shall serve as City Commissioners by this Charter.  The Council as constituted under authority of this subsection shall meet in the City Hall, if possible, but may meet at an alternate location which shall be designated in advance by the Council as an alternate site for the transaction of City business.  In the event of martial law, the Council shall be organized as by this subsection provided, and it shall function to the extent possible under the order establishing martial law.  The provisions of this subsection shall be supreme in the event it shall be employed, notwithstanding any other provisions of this Charter or ordinances of the City in conflict therewith.  [May 3, 1913, new secs. 17 and 18; rev. 1914, secs. 29 and 30; 1928 pub., secs. 29 and 30; sec. 29, am. May 18, 1934; sec. 30, am. May 17, 1940; 1942 recod., secs. 2‑115 and 2‑116; sub. sec. 5 added to sec. 2‑116, Nov. 2, 1954; secs. 2‑115 and 2‑116 revised and combined Nov. 6, 1962; am. May 26, 1970; am. Dec. 14, 1971; am. May 20, 1980; am. May 17, 1988; am May 18, 1994; amended May 15, 2012, effective June 13, 2012.]