[HISTORY: Adopted by the Mayor and Council of the Borough
of Rockaway 6-28-2012 by Ord. No. 11-12. Amendments noted where
applicable.]
This chapter is intended to cover those holding elective office
and those appointed to a board, committee, authority or other agency.
A.
Any
member who is elected or appointed a council, board, committee, authority
or other agency, shall make a good faith attempt to attend every meeting
of his or her council, board, committee, authority or other agency
and to stay at the meeting until it is duly adjourned.
B.
An
elected or appointed member of a council, board, committee, authority
or other agency should not absent himself or herself to avoid having
to vote on an issue.
A.
The
office of any person or a member of the governing body shall be deemed
vacant for the following reasons:
(1)
Upon its being so declared by virtue of a judicial determination;
(2)
Upon the death of the Mayor or a member of the governing body;
(3)
Upon a determination of the other members of the governing body that
the Mayor or a member of the governing body no longer resides within
the corporate limits of the municipality or ward from which he was
elected;
(4)
Upon the refusal of the Mayor or member of the governing body to
qualify or serve;
(5)
Upon a judicial determination that the Mayor or member of the governing
body shall have become physically or mentally incapable of serving;
(6)
Upon the filing of a written resignation with the Borough Clerk by
the Mayor or a member of the governing body, except a resignation
filed following the filing of a recall petition;
(7)
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 eight 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 failures to attend and participate
which are not due to legitimate illness.
(8)
Upon a determination that the office comes within the purview of
N.J.S.A. 19:3-25, What constitutes vacancy.
(9)
Tie vote creates a vacancy.
B.
Whenever
any of the above shall occur, the vacancy shall be filled pursuant
to N.J.S.A. 40A:16-1 et seq.
A.
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:
(1)
Upon its being declared by judicial determination;
(2)
Upon the death of such officer;
(3)
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 municipality or other designated
territorial area;
(4)
Upon the refusal of a person designated for appointment to such office
to qualify or serve;
(5)
Upon the determination of the appointing authority that such officer
shall have physically or mentally incapable of serving;
(6)
Upon the filing by such officer of a written resignation;
(7)
In the case of a member of a board, committee, 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.
(8)
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(4), 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.
