§ 3-07. President's Disability.

A.

Disability of the President may be determined either by action of the President or by action of the Council as follows:

(1)

Whenever the President transmits to the clerk of the Council a written declaration stating inability to discharge the powers and duties of the office, and until the President transmits to the clerk of the Council a written declaration to the contrary, the office of President shall be filled in the same manner as in the section on the "President's Temporary Absence."

(2)

Whenever a majority of a panel of three (3) qualified medical experts, designated by resolution adopted by the favorable vote of at least a majority of the authorized membership of the Council, transmits to the clerk of the Council its written declaration that the President is unable to discharge the powers and duties of the office, the office of President shall be filled in the same manner as in the section on "President's Temporary Absence." The person filling the office shall serve until a panel of three (3) qualified medical experts, designated by resolution adopted by the favorable vote of at least a majority of the authorized membership of the Council, transmits to the clerk of the Council its unanimous written declaration that the President's disability has ended. The medical experts shall review the President's disability at least once every three (3) months until such time as it has been determined that the disability has ended by a unanimous vote of the three (3) medical experts.

B.

Should the President, due to disability, be unable to discharge the powers and duties of the office for a period exceeding six (6) consecutive months, the Council shall have the authority upon the favorable vote of at least a majority of its authorized membership to declare the office of President vacant due to disability or to extend the disability for a period not to exceed an additional six (6) consecutive months. Provided, however, that the Council shall hold a public hearing on the issue before any such action.

C.

The acting President shall receive the same compensation as the President while serving during the disability period.

D.

The acting President shall not have a vote on the Council or participate in Council activities. During the absence of the acting President from the Council, the remaining members of the Council shall, by majority vote, appoint a person meeting the qualifications for that office to serve until such time as the acting President returns to the Council.

E.

If an election for Council Members occurs during the time one of its members is serving as acting President, the Council member serving as acting President shall be eligible to seek election to the Council from the district for which the member is qualified. The person appointed to serve on the Council in the absence of the Council member serving as acting President shall not be eligible to be a candidate for that office at that election.

(Reprint of January 2010)