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.
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