§ 2.08. Vacancy in office of mayor or councilman.

A vacancy shall exist if the mayor or a councilman resigns; dies; moves his residence from the district from which elected or, in the case of the mayor, from the city; or is absent from four consecutive regular meetings of the governing authority, except if granted a leave of absence by the council and such leave of absence is entered on the minutes; or if he is adjudged incompetent; or is convicted of malfeasance in office or of a felony.

In the event a vacancy occurs in the office of a member of the council from any cause other than the expiration of a term of office, the vacancy shall be filled in the following manner:

If the vacancy occurs within twelve (12) months of the expiration of the term, the vacancy shall be filled by the mayor and council appointing a qualified person to serve out the unexpired term of office. If the vacancy occurs within thirty days prior to the regular city election, the vacancy shall be filled at such regular election.

If the vacancy occurs at any other time not provided for above, the vacancy shall be filled by a special election pursuant to a call of a special election as provided by this Charter; provided, however, that the vacancy shall be filled by plurality vote. At no time shall there be more than one councilman so appointed holding office; and if a vacancy occurs on the council with one member so appointed on the council, a special election shall be held within a period of 45 days after the office becomes vacant pursuant to a call of a special election as provided by this Charter; however, if a special election is called pursuant to this Charter, the vacancy previously filled by appointment as well as the existing vacancy shall be filled for the remainder of the unexpired terms in a special election; provided, however, that the vacancies shall be filled by plurality vote with the candidates getting the highest number of votes filling the said vacancies.

In the event a vacancy should occur in the office of mayor, a special election shall be called and held in the manner prescribed by Code Title 34A [O.C.G.A. § 21-3-1 et seq.], the Georgia Municipal Election Code, as it now exists or may hereafter be amended, so long as the vacancy occurs at least six (6) months prior to the regular expiration date of the term; provided, however, that the mayor elected at the special election shall be elected by plurality vote. If the vacancy occurs within six (6) months of the expiration date of the term, the mayor pro tem shall serve until the expiration date and shall be authorized during said period to exercise all of the powers of the mayor hereinbefore or hereinafter provided.

(1978 Ga. Laws (Act No. 956), page 2132)