State Codes and Statutes

Statutes > New-jersey > Title-40a > Section-40a-16 > 40a-16-3

40A:16-3.  When office deemed vacant    The office of a mayor or a member of the governing body of a municipality shall be deemed vacant:

    a.  Upon its being so declared by virtue of a judicial determination;

     b.  Upon the death of the mayor or a member of a governing body;

     c.  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 corporate  limits of a municipality or ward from which he was elected;

     d.  Upon the refusal of the mayor or member of a governing body to qualify or serve;

     e.  Upon a judicial determination that the mayor or member of a governing body shall have become physically or mentally incapable of serving;

     f.  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;

    g.  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 8 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 failure to  attend and participate which are not due to legitimate illness;  or,

    h.  Upon a determination that the office comes within the purview of R.S. 19:3-25.

     L.1979, c. 83, s. 1, eff. April 26, 1979.