§ 3-05. Vacancy in Office of President.  


Latest version.
  • A.

    The office of President shall become vacant upon death, resignation, removal from office in any manner authorized by law, forfeiture of office, failure to take office, or as otherwise provided in this charter.

    B.

    A vacancy in the office of President shall be filled by the chair of the Council. Should the chair of the Council be unwilling or unable to serve as acting President, the Council shall, by resolution, designate another member of the Council to serve as acting President. While serving as acting President, the member shall not have a vote on the Council or participate in Council activities.

    C.

    If one (1) year or less of the unexpired term remains when the vacancy occurs, the acting President shall serve for the remainder of the term.

    D.

    If the vacancy occurs more than one (1) year before the expiration of the term, the acting President shall serve until such time as the office is filled by the vote of the qualified electors voting in an election called by the Council for that purpose and the person elected assumes office. The Council, within fifteen (15) days after the vacancy occurs, shall call an election to fill the vacancy. The election shall be held according to the timetable and procedures established by state law for the filling of vacancies in elected local offices.

    E.

    If an election is required and the Council fails to call the election within fifteen (15) days after the vacancy occurs, the governor of the State of Louisiana shall call the election.

    F.

    If the remainder of the unexpired term exceeds 90 days or if the election to fill the vacancy is scheduled more than ninety (90) days after the vacancy occurs, the seat of the Council member serving as acting President shall become vacant and shall be filled as provided in the section, "Vacancy in Council." The person appointed to fill the Council seat of the acting President shall serve in that position only until such time as the President is elected and assumes office. At that time the acting President shall return to the Council.

    G.

    The acting President shall not be eligible to be a candidate for the office of President at the next election.

    H.

    The acting President shall receive the same compensation as the President while serving in that capacity.

(Reprint of January 2010)