2010 Tennessee Code
Title 6 - Cities And Towns
Chapter 20 - Commissioners and Mayor Under City Manager-Commission Charter
Part 1 - Election of Commissioners
6-20-110 - Vacancies.

6-20-110. Vacancies.

(a)  Any vacancy on the board occurring prior to a regular city election shall be filled by the remaining members of the board until that election. At the election, the remaining unexpired term shall be filled. No member shall be appointed under this section at any time when the board already has one (1) member so appointed. In the case of any additional vacancy, the board shall by ordinance or resolution, call upon the county election commission to call a special election for the purpose of filling such additional vacancy. If a city has chosen to elect commissioners from districts, any vacancy in a district commissioner's office shall be filled by the appointment or election of a qualified person who resides in the district.

(b)  If, within ninety (90) days of the occurrence of a vacancy, the vacancy has not been filled by the remaining members of the commission in accordance with subsection (a), then the mayor, or, if a vacancy exists in the position of mayor, then the city manager, or, if a vacancy exists in the positions of mayor and city manager, then the city recorder, shall notify the county election commission within five (5) business days following the passage of such ninety-day period. The county election commission shall call a special election for the purpose of filling the vacancy; provided, however, that such special election shall be held in conjunction with the next general election or city election, if such election is scheduled to occur more than seventy-five (75) days but less than one hundred twenty (120) days from the date the county election commission is notified of the unfilled vacancy.

[Acts 1921, ch. 173, art. 4, § 8; Shan. Supp., § 1997a142; Code 1932, § 3539; Acts 1972, ch. 740, § 4(36); 1973, ch. 222, § 1; T.C.A. (orig. ed.), § 6-2011; Acts 1989, ch. 175, § 6; 2005, ch. 255, § 1.]  

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