7-4-4111. Determination of vacancy in municipal office. An office becomes vacant on the happening of any of the following events before the expiration of the term of the incumbent:

(1) the death of the incumbent;

(2) a determination pursuant to Title 53, chapter 21, part 1, that the incumbent is mentally ill;

(3) the incumbent's resignation;

(4) the incumbent's removal from office;

(5) the incumbent's absence from the city or town continuously for 10 days without the consent of the council;

(6) the incumbent's open neglect or refusal to discharge duties;

(7) the incumbent's ceasing to be a resident of the city or town or, in the case of a city council member, ceasing to be a resident of the city council member's ward. This subsection does not apply to an appointed municipal officer who resides outside the city or town limits with the approval of the city or town governing body and within a distance of the city or town approved by the governing body.

(8) the incumbent's ceasing to discharge the duty of office for a period of 3 consecutive months, except when prevented by illness or when absent from the city or town by permission of the governing body;

(9) the incumbent's conviction of a felony or of any offense involving moral turpitude or a violation of official duties;

(10) the incumbent's refusal or neglect to file an official bond within the time prescribed;

(11) the decision of a competent tribunal declaring void the incumbent's election or appointment.

History: En. Sec. 4758, Pol. C. 1895; re-en. Sec. 3234, Rev. C. 1907; re-en. Sec. 5013, R.C.M. 1921; re-en. Sec. 5013, R.C.M. 1935; amd. Sec. 1, Ch. 7, L. 1973; R.C.M. 1947, 11-719(part); amd. Sec. 1, Ch. 233, L. 1981; amd. Sec. 1, Ch. 459, L. 1997.