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 its being so declared by judicial determination;
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 corporation limits of the local unit or other designated
territorial area;
G. 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;
H. 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.
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.
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.
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.
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.
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.