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Session Laws, 1969
Volume 692, Page 1930   View pdf image
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1930                              MUNICIPAL CHARTERS

Cumberland (1966 Edition), which reads as follows, be and is hereby re-
pealed:

[Resignation by the Mayor or any councilman elected under this
article shall be made in writing to the Mayor and City Council for their
action thereupon. In case of the removal of the Mayor or any Councilman
from the territorial limits of said City, such removal shall ipso facto be
deemed to create a vacancy in his office. In case of any vacancy from
any cause in the office of Mayor, or any Councilman, the Mayor and City
Council shall fill such vacancy by appointment until the next succeeding
regular election; provided, such election is not more than one year off,
and the person so appointed shall possess all the qualifications required
by this Charter for such office; but should such election be more than
one year off, this said office shall be filled by an election called for that
purpose, according to law, in accordance with the methods herein pre-
scribed for regular elections. In case of vacancy in the office of Mayor,
from any cause, the Mayor and City Council may appoint one of their
number to act as Mayor pro tempore until such vacancy is filled as pro-
vided in this section, and such Mayor pro tempore shall have and exercise
all the powers and duties while he so acts, and his acts shall have the
same force and validity as in the case of a Mayor or Councilman regularly
elected and qualified.]

Section 2. AND BE IT FURTHER RESOLVED, That Section 16 of
the Charter of the City of Cumberland (1966 Edition), be and is hereby
re-enacted, to read as follows:

(a)    Resignation by the Mayor or any Councilman elected under
this article shall be made in writing to the Mayor and City Council for
their action thereupon. In case of the removal of the Mayor or any Coun-
cilman from the territorial limits of said City, such removal shall ipso
facto be deemed to create a vacancy in his office.

(b)    In case of vacancy in the office of Mayor, by reason of resigna-
tion, removal from the City, illness, disability, or any other cause, the
Mayor and City Council may appoint one of their number to act as Mayor
pro tempore until such vacancy is filled as provided in this section, and
such Mayor pro tempore shall have and exercise all the powers and duties
while he so acts, and his acts shall have the same force and validity as
in the case of a Mayor or Councilman regularly elected and qualified.
The Council shall, within sixty (60) days of the occurrence of such
vacancy, elect one of its members to the office of Mayor for the unexpired
term.

(c)    In case of a vacancy on the Council, by reason of resignation,
removal from the City, illness, disability, or any other cause, the Council
shall, within sixty (60) days of the occurrence of such vacancy, elect
some qualified person to fill said vacancy for the unexpired term.

(d)    Any vacancies on the Council, or in the office of Mayor, shall be
filled by the favorable votes of a majority of the remaining mem