[Added 9-27-2010 by Ord. No. 2010-16[1]]
The following is the attendance policy for elected and appointed
officials for the Town of Newton.
A.
As per N.J.S.A. 40A:9-11, whenever a county or municipal officer
who is required to be a resident shall cease to be a bona fide resident
of the county or municipality, as the case may be, or whenever the
resignation of any such officer shall have been accepted by the proper
authority, his office shall immediately be deemed to be vacant. The
county or municipality, by the proper authority, shall thereupon proceed
to fill the vacancy in the manner prescribed by law.
B.
A nonresident of any municipality may hold office as counsel, attorney,
engineer, health officer, auditor or comptroller of such municipality,
and no such office shall be deemed vacated by a change of residence
of any such person.
As per N.J.S.A. 40A:9-12, 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.
A.
As per N.J.S.A. 40A:9-12.1:
(1)
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:
(a)
Upon it being so declared by judicial determination;
(b)
Upon the filing by such officer of his written 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 a 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, 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 eight 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;
(h)
Upon the removal of such officer for cause in accordance with
law, or for any other reason prescribed by law.
B.
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 A(1)(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.
Elected and appointed officials shall make every effort to attend
meetings. The following is a list that constitutes excused absences:
A.
Personal illness.
B.
Family emergencies.
C.
Military absences.
D.
Family weddings.
E.
Family graduation exercises.
F.
Bona fide business and vacation trips constitute good cause.
G.
Jury duty.
H.
Death.
I.
Child birth.
J.
Pandemic.
K.
Religious festivities or events.
L.
Classes for certification or Town-related business.
N.
Any other item taken on a case-by-case basis that the body can vote
upon if requested by an absent official at the next official meeting
after the absence.
