[Adopted 9-20-2011 by Ord. No. 2011-8]
The office of any person appointed or elected to a specific
term, with or without compensation, by the governing body or Mayor,
including persons appointed to any board, council, commission, authority
or other agency of one or more local units, shall be deemed vacant:
A. Upon
its being so declared by judicial determination;
B. Upon
the filing by such officer of his/her official resignation;
C. Upon
the refusal of a person designated for appointment to such office
to qualify or serve;
D. Upon
the determination of the appointing authority that such officer shall
have become physically or mentally incapable of serving;
E. Upon
the death of such officer;
F. Upon
the determination of the appointing authority that, in violation of
lawful residency requirement, such officer no longer resides within
the corporate limits of the local unit or other designated territorial
area;
G. In
the case of a member of a board, council, commission, authority or
other agency, whenever the member, without being excused by a majority
of the authorized members of such body, fails to attend and participate
at meetings of such body for a period of six consecutive weeks, or
for three consecutive regular meetings, whichever shall be of longer
duration, at the conclusion of such period, provided that such body
shall notify the appointing authority in writing of such determination;
provided, further, that such board, committee, commission, authority
or other agency may refuse to excuse only with respect to those failures
to attend and participate which are not due to legitimate illness;
H. Upon
the removal of such officer for cause in accordance with law or for
any other reason prescribed by law, and in accordance with N.J.S.A.
40A:9-12.1 as may be amended from time to time.
Whenever any of the circumstances set forth in §
2-1 above shall occur, the appointing authority shall forthwith fill the office for the unexpired term in the manner prescribed by law; provided, however, that in the case of a person failing to qualify or refusing to serve pursuant to §
2-1C, such office shall not be deemed vacant, if the incumbent officeholder is authorized by law to continue in such office until a successor is appointed and qualifies therefor.