§ 10904. Offices to be held until qualification of successors.

312 words·~1 min read·/pa/title-11/chapter-109/10904

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(a)Successor.-- An officer of a city, who has been elected or appointed and has qualified under this chapter, shall hold office until the officer's successor meets all of the following:

(1)Is elected or appointed and takes the oath of office.

(2)Provides the necessary bond.

(3)Takes other necessary actions required by law to qualify to assume office.

(b)Failure to appear.-- If an elected official fails to appear at the organizational meeting of council to demonstrate the official's qualifications for office and to take the oath of office either:

(1)the official must fully qualify for office and take the oath of office within 14 days of the date of the organizational meeting of council; or

(2)the office of that elected official shall be deemed to be vacant and the vacancy shall be filled in the manner provided by this chapter.

(c)Multiple terms expiring.-- Members whose terms have expired and who are to be replaced shall draw lots to determine which of the members shall continue to serve on council until the member's successor duly qualifies or takes the oath of office when all of the following apply:

(1)The terms of office of more than one council at-large member expire.

(2)More than one seated council member is to be replaced as the result of an election.

(3)Only one of the newly elected council members fails to qualify to assume office.

(d)Continuing to hold office.-- An individual continuing to hold office under this section after the first Monday of January, which would have marked the end of the individual's term, may not participate in:

(1)The deliberations concerning the individual's successor.

(2)A vote appointing the individual's successor.

11c10904v

Cross References. Section 10904 is referred to in sections 10701, 11202 of this title.

11c10905s