Borough of Neptune City, NJ Attendance at Meetings

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 Borough of Neptune City;

(4)

Upon the refusal of the Mayor or member of a Governing Body to qualify or serve;

(5)

Upon a judicial determination that the Mayor or member of a Governing Body shall have become physically or mentally incapable of serving;

(6)

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.

(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.

§ 19-2 Member of a board, committee, commission, authority or agency.

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:

Upon its being so declared by judicial determination;

(Reserved)

Upon the refusal of a person designated for appointment to such office to qualify or serve;

Upon the determination of the appointing authority that such officer shall have become physically or mentally incapable of serving;

Upon the death of such officer;

Upon the determination of the appointing authority that, in violation of a lawful residency requirement, such officer no longer resides within the corporation limits of the local unit or other designated territorial area;

In the case of a member of 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 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 appointment 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;

Upon the removal of such officer for cause in accordance with law, or for any other reason prescribed by law.

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.

§ 19-3 Absences limited; written excuse required.

If any person shall fail to attend the meetings as set forth in Section 19-1 or Section 19-2 as applicable, and he or she was appointed by the Mayor or Governing Body of the Borough of Neptune City, he or she shall present, in writing (including but not limited to email format), to the Governing Body President, chairman of said board, committee, or commission as the case may be, good reason or excuse for such absence from the meetings. The Governing Body President, chairman of said board, committee or commission shall present the matter to the membership of the Governing Body, board, committee or commission as the case may be, for a vote or determination whether to accept or reject the reason given for the absence, or to recommend to the appointing authority of said membership the withdrawal, resignation and replacement of the absentee member.

§ 19-4 Time limit for submission of written excuse.

The letter of reason or excuse for the member's absence shall be made and submitted within 10 days after each meeting missed by the particular member and shall be acted upon by the Governing Body, board, committee or commission at its following meeting.

§ 19-5 Failure to submit written excuse.

If the absentee member shall fail to submit any reason or excuse for absence from a meeting, the Governing Body, board, committee or commission shall vote to recommend to the appointing authority that the membership of the absent member be terminated and request a replacement.

§ 19-6 Report of attendance records.

All boards, committees or commissions shall notify, quarterly, the Mayor or Borough Council (whichever is the appointing authority), by written report as to the attendance record of its members of the board, committee or commission and any recommendations relative thereto.

§ 19-7 Appointments subject to provisions.

All appointments to any local board, committee or commission by the Mayor and or Council of the Borough of Neptune City shall be subject to the provisions of this chapter relating to attendance by the members appointed thereto unless otherwise provided by statute.