US Laws, Codes, Statutes & Cases

 
    §  81.  Qualifications;  election;  term; salary; removal; vacancy. a.
  There shall be a president of each borough,  who  shall  be  a  resident
  thereof at the time of election and remain a resident thereof throughout
  the term of office.
    b.  The  borough  president  shall  be  elected by the electors of the
  borough at the same time and for  the  same  term  as  in  this  charter
  prescribed  for the mayor. A borough president who resigns or is removed
  from office prior to the completion of a full term shall  be  deemed  to
  have served a full term for purposes of section 1138 of the charter.
    c.   The  salary  of  the  borough  president  shall  be  one  hundred
  thirty-five thousand dollars a year.
    d. A president of a borough may be removed or suspended  in  the  same
  manner as provided in this charter with respect to the mayor.
    e. Any vacancy in the office of a borough president shall be filled by
  popular  election  in the manner set forth in this subdivision. Until an
  interim or permanent successor is  first  elected,  the  deputy  borough
  president or the executive assistant, in the order of priority specified
  by  the  borough  president  pursuant  to  subdivision  one  of  section
  eighty-two, shall act as borough president.
    1. Within three days of the occurrence  of  a  vacancy  in  a  borough
  presidency,  the  mayor  shall  proclaim  the  date  for the election or
  elections  required  by  this  subdivision,  provide  notice   of   such
  proclamation  to  the  city clerk and the board of elections and publish
  notice thereof in the City Record. After the proclamation  of  the  date
  for  an  election to be held pursuant to paragraphs four or five of this
  subdivision, the city clerk shall publish notice thereof not  less  than
  twice  in  each  week  preceding the date of such election in newspapers
  distributed within the city, and  the  board  of  elections  shall  mail
  notice  of such election to all registered voters within the appropriate
  borough.
    2. If a vacancy occurs during the first three years  of  the  term,  a
  general  election to fill the vacancy for the remainder of the unexpired
  term shall be held in the year in which the vacancy occurs,  unless  the
  vacancy  occurs  after the last day on which an occurring vacancy may be
  filled at the general election in that same year with party  nominations
  of  candidates  for  such  election being made at a primary election, as
  provided in section 6-116 of the election law. If such vacancy occurs in
  any year after such last day, it shall be filled for  the  remainder  of
  the  unexpired  term  at  the  general  election  in  the following year
  provided, however, that no general election to fill a vacancy  shall  be
  held  in the last year of the term, except as provided in paragraph nine
  of this subdivision. Party  nominations  of  candidates  for  a  general
  election to fill a vacancy for the remainder of the unexpired term shall
  be  made  at a primary election, except as provided in paragraph five of
  this subdivision.
    3. If a special or general election to fill the vacancy on an  interim
  basis  has  not  been  previously held pursuant to paragraphs four, six,
  seven and eight of this subdivision, the  person  elected  to  fill  the
  vacancy  for  the  remainder of the unexpired term at a general election
  shall take office immediately upon qualification and shall  serve  until
  the  term  expires. If a special or general election to fill the vacancy
  on an interim basis has been previously held, the person elected to fill
  the vacancy for the  remainder  of  the  unexpired  term  at  a  general
  election  shall  take office on January first of the year following such
  general election and shall serve until the term expires.
    4. If a vacancy occurs during the first three years of the term and on
  or before the last day in the  third  year  of  the  term  on  which  an
  occurring  vacancy may be filled for the remainder of the unexpired term

  at a general election with party  nominations  of  candidates  for  such
  election  being made at a primary election, as provided in section 6-116
  of the election law, a special or general election to fill  the  vacancy
  on  an  interim basis shall be held, unless the vacancy occurs less than
  ninety days before the next primary election at which party  nominations
  for  a general election to fill the vacancy may be made and on or before
  the last day on which  an  occurring  vacancy  may  be  filled  for  the
  remainder of the unexpired term at the general election in the same year
  in  which  the  vacancy  occurs with party nominations of candidates for
  such election being made at a primary election, as provided  in  section
  6-116 of the election law.
    5.  If  a  vacancy  occurs after the last day in the third year of the
  term on which an occurring vacancy may be filled for  the  remainder  of
  the  unexpired  term  at  a  general  election  in  each year with party
  nominations of candidates for such election  being  made  at  a  primary
  election, as provided in section 6-116 of the election law, but not less
  than  ninety  days before the date of the primary election in the fourth
  year of such term, a special or general election to  fill  such  vacancy
  for the remainder of the unexpired term shall be held.
    6.  Elections  held  pursuant  to  paragraph  four  or  five  of  this
  subdivision shall be  scheduled  in  the  following  manner:  A  special
  election to fill the vacancy shall be held on the first Tuesday at least
  forty-five  days  after the occurrence of the vacancy, provided that the
  mayor,  in  the  proclamation  required  by  paragraph   one   of   this
  subdivision, may schedule such election for another day no more than ten
  days  after  such  Tuesday  and  not  less  than  forty  days after such
  proclamation if the mayor determines that such rescheduling is necessary
  to facilitate maximum voter participation; except that
    (a) if the vacancy occurs before September twentieth in any  year  and
  the  first  Tuesday at least forty-five days after the occurrence of the
  vacancy is less than ninety days before a  regularly  scheduled  general
  election  or between a primary and a general election, the vacancy shall
  be filled at such general election; and
    (b) if the vacancy occurs before September twentieth in any  year  and
  the  first  Tuesday at least forty-five days after the occurrence of the
  vacancy is after a regularly scheduled  general  election,  the  vacancy
  shall be filled at such general election; and
    (c)  if the vacancy occurs on or after September twentieth in any year
  and the first Tuesday at least forty-five days after the  occurrence  of
  the  vacancy  is  after,  but  less  than thirty days after, a regularly
  scheduled general election, the vacancy shall be  filled  at  a  special
  election to be held on the first Tuesday in December in such year.
    7.  All  nominations  for elections to fill vacancies held pursuant to
  paragraphs four and five of this subdivision  shall  be  by  independent
  nominating  petition.  A signature on an independent nominating petition
  made earlier than the date of the proclamation required by paragraph one
  of this subdivision shall not be counted.
    8. A person elected to fill a vacancy in a borough  presidency  at  an
  election  held pursuant to paragraph four of this subdivision shall take
  office  immediately  upon  qualification  and   serve   until   December
  thirty-first  of  the  year  in  which  the  vacancy  is  filled for the
  remainder of the unexpired  term  pursuant  to  paragraph  two  of  this
  subdivision.  A person elected to fill a vacancy in a borough presidency
  at an election held pursuant to paragraph five of this subdivision shall
  take office immediately upon qualification  and  serve  until  the  term
  expires.
    9.  If  a  vacancy occurs less than ninety days before the date of the
  primary election in the last year of the term, the person elected at the

  general election in such year for the next succeeding  term  shall  take
  office  immediately  upon  qualification  and  fill  the vacancy for the
  remainder of the unexpired term.