N.J.S.A. 40A:16-3. When office deemed vacant
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The office of a mayor or a member of the governing body of a
municipality shall be deemed vacant:
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a.
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Upon its being so declared by virtue of a judicial determination;
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b.
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Upon the death of the mayor or a member of a governing body;
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c.
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Upon a determination of the other members of the governing body
that the mayor or a member of a governing body no longer resides within
the corporate limits of a municipality;
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d.
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Upon the refusal of the mayor or member of a governing body
to qualify or serve;
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e.
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Upon a judicial determination that the mayor or member of a
governing body shall have become physically or mentally incapable
of serving;
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f.
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Upon the filing of a written resignation with the municipal
clerk by the mayor or a member of the governing body, except a resignation
filed following the filing of a recall petition;
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g.
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Whenever the mayor, when required by law to attend meetings
of the governing body, or a member of the governing body, fails to
attend and participate in any meetings of the governing body for a
period of 8 consecutive weeks without being excused from attendance
by a majority of the members of the governing body, at the conclusion
of such period; provided, however, that the governing body may refuse
to excuse only with respect to those failure to attend and participate
which are not due to legitimate illness; or,
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h.
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Upon a determination that the office comes within the purview
of R.S. 19:3-25.
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L. 1979, c. 83, § 1, eff. April 26, 1979.
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N.J.S.A. 40A:9-12. Vacancy from any cause other than expiration
of term or filing of petition for recall
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In any county or municipality, whenever a vacancy in office
occurs from any cause other than expiration of the term of office
or the filing of petition for recall, such vacancy shall be filled
in the manner prescribed by law.
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L. 1971, c. 200, § 1, eff. July 1, 1971. Amended by
L. 1979, c. 83, § 16, eff. April 26, 1979.
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N.J.S.A. 40A:9-12.1. Vacancy deemed on resignation, incapacity,
death, residence, absence, or removal; filling unexpired term.
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The office of any person appointed to a specified term, with
or without compensation, by the governing body or chief executive
of any local unit, including persons appointed to any board, committee,
commission, authority or other agency of one or more local units,
shall be deemed vacant:
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a.
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Upon its being so declared by judicial determination;
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b.
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Upon the filing by such officer of his written resignation;
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c.
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Upon the refusal of a person designated for appointment to such
office to qualify or serve;
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d.
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Upon the determination of the appointing authority that such
officer shall have become physically or mentally incapable of serving;
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e.
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Upon the death of such officer;
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f.
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Upon the determination of the appointing authority that, in
violation of a lawful residency requirement, such officer no longer
resides within the corporate limits of the local unit or other designated
territorial area;
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g.
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In the case of a member of a board, committee, 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 8 consecutive weeks, or for
four 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; provided,
however, that nothing in this subsection shall preclude a municipal
appointing authority from adopting by ordinance a policy establishing
a lower absentee threshold, provided that the ordinance shall not
permit the removal of the member if the member has been absent for
less than six consecutive weeks, or three consecutive meetings, whichever
shall be of longer duration, without being excused, within the term
of office for the position held by the individual;
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h.
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Upon the removal of such officer for cause in accordance with
law, or for any other reason prescribed by law.
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Whenever any of the 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 subsection c.,
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.
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L. 1979, c. 302, § 1; amended 2009, c. 141, § 3.
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