§ 20.103. Procedures involving vacancies of certain appointed positions.

(a)

Whenever a vacancy shall occur for any reason whatsoever in a position appointed by the Mayor and confirmed by the Council (except members of boards, commissions and authorities and elected officials of the City) and there is no person designated by law to assume the powers and duties appertaining to the vacant position, the next immediate subordinate to the vacant position is authorized automatically and immediately to exercise and perform the powers and duties of the vacant position on a temporary basis, which powers and duties shall be in addition to the subordinate's existing powers and duties. In the event there is a conflict as to which subordinate is the next immediate subordinate, the Mayor shall determine and designate for all positions under his responsibility the next immediate subordinate. The next immediate subordinate is authorized to continue the performance of the powers and duties of the vacant position on a temporary basis until such time as a person is designated to serve in the vacant position in an acting capacity or, in the event no person is designated to serve in an acting capacity, until such time as a person is appointed by the Mayor and confirmed by the Council to fill the vacant position but in no event shall the subordinate be authorized to so exercise and perform for any period longer than 60 days from the date on which the vacancy occurred. Any appointed position filled pursuant to this Section shall be known as and designated as "Acting" before the name of the position which is being filled and all correspondence related to such position shall carry the designation of "Acting," also, until the appointment to such position has been confirmed by the Council. Furthermore, any person serving in an acting capacity shall not continue to act in such capacity if the Mayor or the Council withdraws or denies the bill confirming such appointment.

(b)

Whenever a vacancy shall occur for any reason whatsoever in a position appointed by the Mayor and confirmed by the Council (except members of boards, commissions and authorities and elected officials of the City) and there is no person designated by law to assume the powers and duties appertaining to the vacant position, the Mayor may designate a qualified person to assume the powers and duties of the vacant position in an acting capacity at any time prior to the expiration of and for a period no longer than 60 days from the date on which the vacancy occurred. Upon the expiration of the 60-day period, no person may be designated to assume the powers and duties of the vacant position in an acting capacity. Any appointed position filled pursuant to this Section shall be known as and designated as "Acting" before the name of the position which is being filled and all correspondence related to such position shall carry the designation of "Acting," also, until the appointment to such position has been confirmed by the Council. Furthermore, any person serving in an acting capacity shall not continue to act in such capacity if the Mayor or the Council withdraws or denies the bill confirming such appointment.

(c)

No person authorized pursuant to subsection (a) of this Section or designated pursuant to subsection (b) of this Section shall receive an increase in current salary on the basis of the exercise of the powers and duties of a vacant position under subsection (a) of this Section or on the basis of the assumption of the powers and duties of a vacant position under subsection (b); provided, that nothing herein shall prohibit or be construed to prohibit an official or employee from being granted and from receiving any increase in salary on another basis.

(Ord. 77-997-544, § 1; Ord. 83-591-400, § 1; Ord. 91-1286-520, § 1)

Note— Former § 10.103.