Sec. 5. Absence of Mayor; vacancy in office of Mayor; vacancy of the Member of Council; special terms; removal of Council Member.
A. During the absence or disability of the Mayor or when the office of Mayor is vacant, the Vice-Mayor shall act as Mayor pro tempore.
B. Vacancies in City of Phoenix elective offices shall be filled as follows:
1. If a vacancy occurs 365 days or more prior to the end of the term, there shall be a special election held to fill the unexpired portion of the term subject to the following provisions:
(a) There shall be a period of 10 days from the date the vacancy occurs during which any person desiring to run for the vacant office must declare as a candidate for the office and, in the case of a Council Member desiring to run for the office of Mayor, if necessary, resign the office of Council Member.
(b) The Council shall within 10 days of the expiration of the period provided in subparagraph (a) of this paragraph or if any vacancies occur during this period, within 10 days of the expiration of the period provided in subparagraph (a) for the last vacancy, call a special election to fill the vacancy or vacancies to be held not less than 120 days from the date it is called.
(c) Candidates for vacant positions shall be entitled to circulate nomination petitions for the office as soon as the vacancies occur.
(d) The procedure for nomination and election shall be the same as for the regular Mayor and Council election to the extent possible.
(e) The Council shall, not less than 12 days nor more than 15 days from the date any vacancy occurs under the provision of this paragraph, appoint, in the manner provided in paragraph (2)(b) through (h) of this subsection, a person to fill the vacant office for a term ending the first business day after the canvass of votes is completed following the election of a candidate to fill the unexpired term of the office, provided that if the office to be filled is that of Mayor, the Council Member selected to serve during the interim until a new Mayor is elected shall serve as Mayor Pro Tempore and shall continue to serve as a district Council Member.
2. If a vacancy occurs less than 365 days prior to the end of the term but not less than 90 days prior to the next regular Mayor and Council election, the vacancy shall be filled by Council appointment as follows:
(a) The Council shall, within 10 days of a vacancy occurring, select a person to serve the unexpired portion of the term in which the vacancy exists.
(b) In the case of a vacancy in the office of Mayor the Council shall select one of the remaining Members of the Council to serve as Mayor for the remainder of the term.
(c) A vacancy in the office of Council Member shall be filled by a qualified elector residing in the district in which the vacancy exists.
(d) When selecting a new mayor, all Council Members present may participate and vote for any candidate for mayor.
(e) Vacancies in City of Phoenix elective offices shall be filled at public meetings and all votes shall be taken publicly.
(f) A majority of the total number of Council positions shall constitute a quorum for purposes of filling a vacancy in a City of Phoenix elective office, provided that if less than a majority of the authorized positions on the Council are filled, all Council positions that are filled at that time shall constitute a quorum for the purpose of filling Council vacancies until a majority of the authorized Council positions are filled.
(g) Any Council Member may nominate a candidate to fill any vacancy with no second required. Candidates shall be voted upon individually in the order in which they were nominated. The first candidate receiving an affirmative majority of the votes of the Council Members present shall be selected to fill the vacancy.
(h) If after the end of the ten (10) day period provided in subparagraph (a) of this subparagraph, the vacancy remains unfilled, the Council shall meet each day for the purpose of filling the vacancy until the vacancy is filled, provided that if the vacancy remains unfilled 90 days before the regular Mayor and Council election at which the office in which the vacancy exists is to be voted upon, the provision of paragraph (3) of this subsection shall become applicable.
3. If a vacancy occurs less than 90 days prior to the regular Mayor and Council election at which the office in which the vacancy exists is to be voted upon, the Council may leave the office vacant or may at any time prior to the expiration of the term fill the vacancy by appointment as provided in paragraph (2)(b) through (h) of this subsection.
C. Such vacancy shall exist, except under the recall provisions of this Charter, when an elective officer fails to qualify within thirty (30) days after commencement of his term, dies, resigns, removes from the City, absents himself continuously for thirty (30) days from the duties of his office without the consent of the Council, is convicted of violating any of the provisions of this Charter, or of a felony, or is judicially declared a lunatic or incompetent as defined by statute.
(Election of 10-1-1991; election of 10-5-1993)