(a) In the case of a vacancy in the office of mayor, the president of the council shall serve as mayor for the unexpired term, except that if at least one-half of the previous mayor's term remains and a general election is to be held more than sixty (60) days from the date of the vacancy, a successor shall be elected at the next general election for the balance of the previous mayor's unexpired term under the following terms and conditions:
(1) If, before a primary election, there shall be a vacancy on account of death or declination of the mayor after the time for filing and before the primary election, such vacancy can only be filled by a petition candidate after the primary election. Petition signers and petition circulators shall conform to the requirements of section 32-713 of the Nebraska Revised Statutes, 1943, as amended.
(2) If, after a primary election, there shall, through any cause whatsoever, be a vacancy in the office of mayor, such vacancy shall be filled by filing petitions with the Madison County clerk no later than seventy (70) days prior to the general election.
a. Said petitions shall conform to the requirements of section 32-4, 156 of the Nebraska Revised Statutes, 1943, as amended, and shall show the name, address of the candidate, the office to be filled, and the signatures, printed names, and addresses of the qualified, registered signers, the truth of which must be sworn to by the circulator thereof.
b. Said petitions must bear the signatures of at least five (5) per cent of the total number of registered voters voting for governor or president in the preceding general election in the City of Norfolk. In no event shall the total number of signatures required exceed seven hundred fifty (750).
c. Accompanying each petition shall be a receipt from the Madison County treasurer for the sum which would have been required had the candidate filed before the primary election. Within five (5) days after all petitions have been filed with the Madison County clerk, each candidate shall file a written statement of acceptance with the Madison County clerk.
(3) Candidates placed on the ballot by petitions shall be termed candidates by petition, and upon the ballot upon which their names are printed shall be printed after each name the words "By Petition."
(4) The names of the candidates shall rotate as provided in section 32-424(2) of the Nebraska Revised Statutes, 1943, as amended.
(5) The candidate receiving the highest number of votes in the general election shall be declared the winner and serve as mayor for the remainder of the previous mayor's unexpired term.
(b) In the case of a vacancy in the office of city councilman, such vacancy shall be filled by the mayor with the consent and approval of the city council for the previous councilman's unexpired term as follows:
(1) Notice of such vacancy, except that resulting from the death of a councilman, shall be in writing and presented to the city council at a regular meeting of the council and shall appear as part of the minutes of such meeting.
(2) The city council shall at once give public notice of the vacancy by causing a notice to be published in a newspaper of general circulation within the city or by posting in three (3) public places in the city setting forth the city council vacancy by ward number and the length of the unexpired term.
(3) Persons from the city ward in which the vacancy exists interested in being considered for the filling of said vacancy shall within seven (7) days after the regular meeting at which said notice of vacancy was presented or upon the death of a councilman, file with the city administrator a written statement of his or her intention to be considered along with a personal resume.
(4) The mayor and city council shall be entitled to personally interview any and all interested persons who have applied to fill said vacancy prior to the time of the special meeting required to be called under subsection (5) below.
(5) The mayor shall within two (2) weeks after the regular meeting at which said notice of vacancy was presented or upon the death of a councilman, call a special meeting of the city council at which time the mayor shall submit the name of a qualified elector of the city ward in which the vacancy exists to fill the vacancy for the balance of the unexpired term. The city council shall vote upon said nominee and if a majority of the city council shall vote in favor of said nominee, the vacancy shall be declared filled for the remainder of the unexpired term. If a majority vote of the city council is not reached, the nomination shall be rejected and the mayor shall at the next regular meeting of the city council submit the name of another qualified elector from the city ward in which the vacancy exists to fill the vacancy for the unexpired term. If the vote on the nominee fails to carry by a majority vote of the city council, the mayor shall continue to submit names of qualified electors in nomination and the city council shall continue to vote upon said nominations until a qualified elector receives a majority vote of the city council, at which time said vacancy shall be declared filled for the remainder of the unexpired term. The mayor shall vote on a nominee only in a case of a tie vote of the city council on the nominee. All city council members present shall cast a ballot for or against the nominee.
(6) The mayor and city council may, in lieu of filling a vacancy as provided herein, call a special municipal election to fill a vacancy in the office of city councilman.
Source: Ord. No. 3402, § § 1, 2, 5-5-86
Editor's note--Ord. No. 3402, § § 1, 2, adopted May 5, 1986, did not specifically amend the Code; therefor, inclusion as § 2-26 was at the discretion of the editor.