Section 606. Vacancies.
https://qcode.us/codes/sunnyvale/ 1/1
Sunnyvale Municipal Code
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CHARTER OF THE CITY OF SUNNYVALE
Article VI The Council
Section 606. Vacancies.
(a) In addition to any other cause from which vacancies in the City Council may occur, the office of the Mayor or Councilmember shall become vacant when that official:
(1) Resigns or dies;
(2) Is absent from all regular meetings of the Council for a period of sixty days consecutively from and after the last regular Council meeting attended by such member, unless by permission of the Council expressed in its official minutes; (3) Is convicted of a crime involving moral turpitude;
(4) Ceases to be an elector of the City of Sunnyvale;
(5) Ceases to maintain his/her principal place of residence within the City limits, and/or within the applicable District boundaries for a member elected by District, during such official’s term of office; or (6) Is involuntarily removed pursuant to Article II of the Constitution of the State of California, as may be amended from time to time.
(b) In the event of a vacancy in the office of Mayor or Councilmember, the Council shall officially declare the office vacant within thirty days of the commencement of any vacancy. (c) Within sixty days of the date the office is officially declared vacant, the City Council shall, by affirmative vote of at least four of the remaining Councilmembers, elect to fill the vacancy by appointment or by calling an election. (d) If the vacancy is filled by appointment, the appointee shall hold office until the next General Municipal Election or Special Municipal Election consolidated with the next statewide election, whichever occurs sooner, and a successor is elected and qualified. The Councilmember then elected shall serve for the remainder of any unexpired term, and until a successor is elected and qualified.
(e) The City Council shall adopt an ordinance establishing a public process for appointment. (f) If the City Council elects to fill the vacancy by election or fails to fill the vacancy by appointment, it shall call an election to be held within two hundred and forty days of the date the vacancy is declared. (g) Notwithstanding any other provision of this section, the City Council shall not make an appointment to fill a vacancy if the appointment would result in more than two Council members or one Councilmember and the Mayor currently serving on the Council as appointees, and shall call a Special Municipal Election to be held within one hundred and eighty days from the date the Council declares the vacancy. (Amended effective December 31, 1975, December 21, 1976, December 23, 1982, January 17, 1992, December 21, 2018 and May 7, 2020 and May 7, 2020: previously Section 703)
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