3162 - Status and term of office of officials.

     § 3162.  Status and term of office of officials.        (a)  Existing elected official.--Any elected municipal     official in office at the time of the adoption of any optional     plan provided by this subpart shall continue in office only     until the new plan of government goes into effect as provided in     section 3161 (relating to applicability of plan), except as     otherwise provided in subsections (c) and (d).        (b)  Members of council.--At the municipal election next     succeeding the adoption of one of the optional plans provided     for in this subpart, if four or fewer council members are     elected, they shall serve for terms of four years. If five are     elected, the four successful candidates receiving the highest     percentage of the votes cast for the office to which they are     elected shall serve for terms of four years, and the candidate     receiving the next highest percentage of votes shall serve for a     term of two years. If six or more council members are elected,     the five candidates receiving the highest percentage of the     votes cast for the office to which they are elected shall serve     for terms of four years, and the remaining successful candidates     receiving the next highest percentage of votes shall serve for     terms of two years. Thereafter, all council members shall be     elected for terms of four years. Where the term of office for     council members under the adopted plan is different from the     term of office for council members under an existing form of     government, the terms of office for council members so elected     shall be established so that, at each subsequent municipal     election at which council members are elected, the number of     council members to be elected shall be as nearly equal as     possible to the number of council members to be elected at every     other regular municipal election at which council members are     elected.        (c)  Treasurer, controller, district attorney and sheriff.--     If an elected municipal treasurer or elected municipal     controller, elected county district attorney or elected county     sheriff is in office at the time of the adoption of an optional     plan under the provisions of this subpart, a treasurer,     controller, district attorney or sheriff, as the case may be,     shall not be elected or appointed to take office until after the     resignation, death, removal or expiration of the term of the     incumbent in the office. At the expiration of the term of the     incumbent, a treasurer, controller, district attorney or     sheriff, as the case may be, shall be elected or appointed for     the full term for the office as provided by the optional plan     adopted.        (d)  Continuation of existing members of council in office.--     Any member of a municipal governing body in office at the time     of the adoption of an optional plan shall remain in office,     continuing as an at-large or district council member, as the     case may be, until the expiration of this term in office and     shall receive the compensation provided by law at that time:            (1)  If that council member was elected on an at-large        basis, the newly adopted optional plan provides for a total        number of at-large council members equal to or exceeding the        total number of at-large council members under the existing        form of government.            (2)  If that council member was elected on a district        basis, the district from which that council member was        elected remains unchanged and continues to encompass the        exact same geographical area under the newly adopted optional        plan as under the existing form of government and the number        of council members to be elected from that district under the        newly adopted optional plan is equal to or exceeds the number        elected from that district under the existing form of        government.     Any council member may, by writing filed with the municipal     treasurer, direct that any portion of his annual compensation     for serving in office be returned to the municipal treasury. For     the purpose of this section, an executive or mayor who is also a     member of the council under an existing plan shall be considered     as a member of the council, and, after the new plan goes into     effect, his duties shall be only those of a member of council as     prescribed by the new plan.        (e)  Number of members of council to be elected.--At the     municipal election next succeeding the adoption of one of the     optional plans provided for in this subpart, the number of     council members prescribed by the terms in the plan less the     number of council members then in office whose terms do not     expire on the first Monday of January next following, as may be     determined by subsection (d), shall be elected.        (f)  Filling vacancies on council existing prior to     election.--If there are vacancies in council occurring by reason     of resignation, death or removal 90 days or more before the     election, they shall be filled for the remainder of the term of     the person originally elected to that office.        Cross References.  Section 3162 is referred to in sections     3005, 3055 of this title.