Title
An Ordinance to Repeal & Recreate Section 2.05 of the West Allis Revised Municipal Code Relating to Vacancies in Elective Offices and Certain Appointed Offices within the City.
Body
The Common Council of the City of West Allis do ordain as follows:
PART I. Section 2.05 of Revised Municipal Code is hereby repealed and recreated to read as follows:
2.05 VACANCIES.
(1) Elective Officers. Vacancies in the elective offices of the City of West Allis shall be filled as follows:
(a) Mayor. In the office of Mayor, except as provided in section 9.10 of the Wisconsin Statutes, by appointment by the Common Council.
(b) Aldermen. The office of Alderman, by the Common Council, except as provided in Section 9.10 of the Wisconsin Statutes.
(c) All other Elective Officers. Vacancies in all other elective offices shall be filled by appointment by the Mayor, subject to the confirmation of the Common Council. A person so appointed shall hold office until his successor is elected and qualified. His successor shall be elected for the balance of the unexpired term on the first Tuesday of April next after the vacancy happens in case it happens ninety (90) days or more before such first Tuesday in April, but if such vacancy happens within ninety (90) days before such first Tuesday of April, then such successor shall be elected on the first Tuesday of April of the next ensuing year; but no election to fill a vacancy in such office shall be held at the time of holding the regular election for such office.
(2) Vacancies in the Appointive Offices. Vacancies in appointive offices in this subchapter shall be filled by appointment for the residue of the unexpired term by the appointing power and in a manner prescribed by law for making regular full term appointments. When vacancies occur in offices subject to civil service regulations, the same shall be filled in accordance with said regulations. (See Charter Ordinance No. 1 and No. 2.)
(3) Residency Required. Unless otherwise explicitly exempted, or where by nature of the appointment the entity appointed cannot have a residence, all appointed officials to any board, commission, committee or other City body set forth in Chapter II, Subchapter I of the Revised Municipal Code shall be a resident of the City of West Allis at the time of his/her appointment and shall maintain residency within the City of West Allis during his/her term. Moving his or her residence outside of the City limits shall constitute vacating the office under Subsection (4).
(4) Vacancy; When Occurring. A vacancy shall occur in case of the dismissal or death of any official, or in case of the removal of any officer from the City, or when any officer elected or appointed in, for or from any Ward or Division of the City shall remove his residence without the limits of such Ward or Division, or shall remove his residence from within the city limits when any official shall refuse or neglect for ten (10) days after notice of his election or appointment to qualify and enter upon the discharge of his duties, or when any office shall become vacant pursuant to civil service regulations.
PART II. All ordinances or parts of ordinances contravening the provisions of this ordinance are hereby repealed.
PART III. This ordinance shall take effect and be in force from and after its passage and publication.
ATTO-Repeal&RecreateSec2.05VacanciesInElectiveOffices&AppointedOffices