Section 11-44-77 Commissioners - Filling of vacancies caused by death, resignation or removal.
Section 11-44-77
Commissioners - Filling of vacancies caused by death, resignation or removal.
Whenever any vacancy shall occur in the office of commissioner of any city or town organized under the terms of this article by death, resignation, or removal and the unexpired term of office of said commissioner is for less than six months, then his successor for the unexpired term shall be elected by the two remaining members of the board of commissioners of such city or town, which successor shall serve for the duration of the unexpired term and shall be paid the same compensation as was paid to the commissioner he succeeded. If a vacancy occurs and the unexpired term is for a longer period than six months, then the mayor shall within 15 days after the occurrence of the vacancy call a special election for the selection of a commissioner to serve the unexpired term. Notice of said election shall be given by publication at least 30 days prior to the date set by the mayor for the holding of the special election, which election must be held within 60 days of the occurrence of the vacancy. All laws pertaining to general elections under this article and the qualification of candidates shall apply with the same force and effect in special elections. Every person who shall be elected to the office of commissioner in any such city or town under the provisions of this section or section 11-44-76 shall qualify for office as soon as practicable after such election and shall be clothed with the duties and responsibilities and powers of such office immediately upon such qualification.
(Acts 1911, No. 281, p. 330; Acts 1939, No. 352, p. 481; Code 1940, T. 37, §104.)