Section 2-A. Succession to certain city offices  


Latest version.
  • 1. In every city in which
      the mayor and president or presiding officer of  the  local  legislative
      body  are elected at the same time and for the same term by the electors
      of the entire city, in case of the removal from office of the mayor, his
      death, inability to discharge the  powers  and  duties  of  the  office,
      resignation  or  absence  from  the  city,  the powers and duties of the
      office shall devolve upon such president or presiding  officer  for  the
      residue  of  the  term  or  until the disability shall cease.   When the
      powers and duties of  the  office  of  mayor  shall  devolve  upon  such
      president  or  presiding  officer  for the residue of the term, he shall
      serve as and be the mayor.
        In case the person elected  mayor  shall  die,  or  become  unable  to
      discharge  the  powers  and duties of the office, after his election but
      before he shall have qualified as and assumed the office of  mayor,  the
      powers  and  duties of the office of mayor shall devolve upon the person
      elected as such president or presiding officer at the same election  and
      he  shall serve as and be the mayor for the term for which the mayor was
      elected.
        This subdivision shall not affect the operation of  any  provision  of
      law which limits or restricts the exercise by the president or presiding
      officer of the powers and duties of the mayor during a limited period of
      either  absence  of the mayor from the city or inability of the mayor to
      perform his powers and duties.
        2. In every such city, in case of  the  removal  from  office  of  the
      president  or  presiding  officer, his death, inability to discharge the
      powers and duties of the office, resignation, absence from the  city  or
      when  he shall serve as and be the mayor as provided in subdivision one,
      the powers and duties of the office shall devolve upon the president pro
      tempore or vice-chairman for the  residue  of  the  term  or  until  the
      disability  shall  cease.  When  the  powers and duties of the office of
      president or presiding officer shall devolve  upon  such  president  pro
      tempore  or vice-chairman for the residue of the term, he shall serve as
      and be the president  or  presiding  officer.  The  provisions  of  this
      subdivision  shall  apply  to cities in which the president or presiding
      officer of the local legislative body is elected at the  same  time  and
      for  the  same  term  as  the  member  selected  by  such body to be its
      president pro tempore or vice-chairman.
        This subdivision shall not affect the operation of  any  provision  of
      law  which limits or restricts the exercise by the president pro tempore
      or vice-chairman of the powers and duties of the president or  presiding
      officer  during  a  limited period of either absence of the president or
      presiding officer from  the  city  or  inability  of  the  president  or
      presiding officer to perform his powers and duties.
        3.  The provisions of this section shall apply notwithstanding section
      thirty of the public officers law or any inconsistent provisions of,
        a. any general or special law, or
        b. any local law, ordinance, or city charter, heretofore or  hereafter
      adopted,  except that a city charter provision in effect before November
      fifth, nineteen hundred seventy-five which provides for a vacancy in the
      office of mayor to be filled in at the  next  general  election  if  the
      vacancy  occurs  before  the twentieth day of September and otherwise in
      the general election held in the following year shall prevail over  this
      section and a vacancy in the office of mayor shall be filled as provided
      in such a charter provision.