3.04.040 Declaring and filling vacancies.
A. The Assembly may declare an Assemblymember’s seat vacant when the Assemblymember:
1. Resigns and the Assembly accepts the resignation;
2. Is convicted of a felony or an offense involving violation of the oath of office;
3. No longer physically resides in the Borough;
4. Misses more than four consecutive regularly scheduled Assembly meetings, or misses one-half of all regular Assembly meetings of the Assembly in a six-month period as defined in FNSBC 3.16.010.
B. If less than 45 days remain in a term, the vacant seat shall not be filled.
If a seat is declared vacant and more than 45 days remain in the term, then the Presiding Officer shall publish reasonable public notice of the vacancy and, for 14 days after the first publication thereof, receive applications from persons interested in being appointed to the vacant seat. The Assembly may review the applications and/or interview applicants in any reasonable manner. Not later than 45 days after the seat is declared vacant, the Assembly shall appoint from among the applicants a qualified person to fill the vacant seat.
C. In appointing a person from among the applicants the Assembly shall utilize the voting procedure specified in FNSBC 3.04.020(D) for the election of the Presiding Officer and Deputy Presiding Officer.
D. Notwithstanding subsection (B) of this section, if the membership of the Assembly is reduced to fewer than five Assemblymembers, then the remaining Assemblymembers shall appoint as many qualified persons to the Assembly as is necessary to once again constitute a quorum. The Assembly shall utilize any procedure which is reasonable under the circumstances in making the appointments required by this subsection and shall make said appointments not later than seven days after the quorum was reduced to less than five Assemblymembers.
E. Persons appointed to fill a vacancy shall serve until the next regular election, at which time a successor shall be elected to fulfill the remainder of the unexpired term of office. (Ord. 2015-72 § 2, 2015; Ord. 2006-01 § 2, 2006; Ord. 88-029 § 2, 1988; Ord. 86-035 § 5, 1986. 2004 Code § 2.08.040.)