A resignation is not effective unless it is in writing, signed
by the person holding the elective office, and notarized.
A. Unconditional resignation. An unconditional resignation by a person
holding the elective office may specify a future date, not later than
60 days after the date the resignation is received by the officer
authorized to fill the vacancy, at which time it becomes operative,
but the resignation may not be withdrawn after it is received by the
officer authorized to fill the vacancy. The effective date of a resignation
that does not specify a future date at which it becomes operative
is the date the resignation is received by the officer authorized
to fill the vacancy. The effective date of a resignation that has
a specified future effective date is that specified future date or
the date the resignation is received by the officer authorized to
fill the vacancy, whichever date occurs later.
B. Conditional resignation. A resignation that does not become effective
unless a specified event occurs can be withdrawn at any time prior
to the occurrence of the specified event, but if not withdrawn, the
effective date of the resignation is the date of the occurrence of
the specified event or the date the resignation is received by the
officer authorized to fill the vacancy, whichever date occurs later.
C. Vacancy upon the effective date. For the purpose of determining the time period that would require an election to fill the vacancy by resignation or the commencement of the sixty-day time period referred to in §
82-13, the resignation of an elected officer is deemed to have created a vacancy as of the effective date of the resignation.
D. Duty of the Clerk. If a resignation is delivered to the Clerk of
the Village, the Clerk shall forward a certified copy of the written
resignation to the official who is authorized to fill the vacancy
within seven business days after receipt of the resignation.
A vacancy occurs in an office by reason of the death of the
incumbent. The date of the death may be established by the date shown
on the death certificate. A vacancy occurs in an office by permanent
physical or mental disability rendering the person incapable of performing
the duties of the office. The corporate authorities have the authority
to make the determination whether an officer is incapable of performing
the duties of the office because of a permanent physical or mental
disability. A finding of mental disability shall not be made prior
to the appointment by a court of a guardian ad litem for the officer
or until a duly licensed doctor certifies, in writing, that the officer
is mentally impaired to the extent that the officer is unable to effectively
perform the duties of the office. If the corporate authorities find
that an officer is incapable of performing the duties of the office
due to permanent physical or mental disability, that person is removed
from the office and the vacancy of the office occurs on the date of
the determination.
The election of an Acting Mayor pursuant to §
82-14 or §
82-15 does not create a vacancy in the original office of the person on the Village Board, unless the person resigns from the original office following election as Acting Mayor. If the person resigns from the original office following election as Acting Mayor, then the original office must be filled pursuant to the terms of this article and the acting Mayor shall exercise the powers of the Mayor and shall vote and have veto power in the manner provided by law for a Mayor. If the person does not resign from the original office following election as Acting Mayor, then the Acting Mayor shall exercise the powers of the Mayor but shall be entitled to vote only in the manner provided for as the holder of the original office and shall not have the power to veto. If the person does not resign from the original office following election as Acting Mayor, and if that person's original term of office has not expired when a Mayor is elected and has qualified for office, the Acting Mayor shall return to the original office for the remainder of the term thereof.
An appointment by the Mayor or Acting Mayor, as the case may be, of a qualified person as described in §
82-4 of this Code to fill a vacancy in the office of Trustee must be made within 60 days after the vacancy occurs. Once the appointment of the qualified person has been forwarded to the corporate authorities, the corporate authorities shall act upon the appointment within 30 days. If the appointment fails to receive the advice and consent of the corporate authorities within 30 days, the Mayor or Acting Mayor shall appoint and forward to the corporate authorities a second qualified person as described in §
82-4. Once the appointment of the second qualified person has been forwarded to the corporate authorities, the corporate authorities shall act upon the appointment within 30 days. If the appointment of the second qualified person also fails to receive the advice and consent of the corporate authorities, then the Mayor or Acting Mayor, without the advice and consent of the corporate authorities, may make a temporary appointment from those persons who were appointed but whose appointments failed to receive the advice and consent of the corporate authorities. The person receiving the temporary appointment shall serve until an appointment has received the advice and consent and the appointee has qualified or until a person has been elected and has qualified, whichever first occurs.
In cases of vacancies arising by reason of an election being declared void pursuant to §
82-11C, persons holding elective office prior thereto shall hold office until their successors are elected and qualified or appointed and confirmed by advice and consent, as the case may be.