1. (a) This section applies to a vacancy in the office of mayor of a first class city not covered by section 1 of this chapter.

2. (b) The vacancy shall be filled by the city-county council at a regular or special meeting. The city clerk shall give notice of the meeting. Except as provided in subsection (d), the meeting shall be held not later than thirty (30) days after the vacancy occurs. The notice must:

   1. (1) be in writing;
   2. (2) state the purpose of the meeting;
   3. (3) state the date, time, and place of the meeting; and
   4. (4) be sent by first class mail to each council member at least ten
   5. (10) days before the meeting.
3. (c) The city clerk shall preside at the meeting but may not vote unless there is a tie vote among the members of the council. The council must appoint one (1) of its own members to the office. Until the vacancy is filled, the president of the council shall serve as acting mayor.

4. (d) If a vacancy exists because of the death of the mayor, the council shall meet and select an individual to fill the vacancy not later than thirty (30) days after the city clerk receives notice of the death under IC 5-8-6 . The city clerk may not give the notice required by subsection (b) until the city clerk receives notice of the death under IC 5-8-6 .

   [Pre-1986 Recodification Citation: 3-2-10-4(a) part, (b).]

As added by P.L.5-1986, SEC.9. Amended by P.L.3-1987, SEC.440; P.L.119-2005, SEC.8.