Section 81. Qualifications; election; term; salary; removal; vacancy  


Latest version.
  • 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 sixty
      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.