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§ 25.4-405. Vacancy in the Office of Mayor.
A. Temporary Absence. During any period when the Mayor shall be absent, temporarily incapacitated, or unable for any cause to perform his duties, these duties shall be assumed by the President of Council, who shall become acting Mayor, and in the absence of the President of Council, by whomever Council shall appoint.
B. Vacancy. The office of Mayor shall become vacant upon his death, resignation, removal from office in any manner authorized by this Charter or by law, or forfeiture of his office.
C. Forfeiture of Office. The Mayor shall forfeit his office if he:
1. Lacks at any time during his term of office any qualification for the office as prescribed by this Charter or by law;
2. Willfully violates any express, substantive prohibition of this Charter;
3. Is convicted of a crime involving moral turpitude.
D. Filling of Vacancy. If the office of Mayor shall become vacant, the President of Council shall become Mayor and shall serve out the unexpired term of the Mayor. If the President of Council should be unable or unwilling to serve as Mayor, and so informs the Council in writing within forty-five days of the occurrence of the vacancy in the office of Mayor, the Council shall choose, by majority vote of the members then serving (including the vote of the President of Council then serving as Mayor), another of its members to serve out the unexpired term of the Mayor and the President of Council then serving as Mayor shall resume his office as a member and as President of Council. If the President of Council does not so inform the Council within such forty-five day period, the President of Council shall remain as Mayor until the earlier of the end of the unexpired term of the Mayor, his death, resignation, removal from office in any manner authorized by this Charter or by law, or forfeiture of office. Except as provided with respect to the forty-five (45) day notice period provided above, if the President or other member of Council becomes Mayor for longer than the foregoing forty-five (45) day period, his office as Council member shall become vacant.
Source The provisions of this § 25.4-405 amended April 26, 1988, effective April 26, 1988. Immediately preceding text appears at serial pages (106810) and (106811).
Cross References This section cited in 323 Pa. Code § 25.3-307 (relating to vacancies: forfeiture of office; filling of vacancies).
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