§ 3-130. Manner of filling vacancy and residency requirement

(a) In case of a vacancy for any cause in any office referred to in section 129 of this chapter, such vacancy shall be filled in the manner herein provided for appointment thereto, but only for the remaining months of the then current fiscal year, plus one additional year, or for the balance of the unexpired term, whichever is the shorter.

(b)(1) Any individual elected to the position of Mayor must be a legal voter of the City as of the date the written consent required by 17 V.S.A. § 2681(a) is filed and at all times during his or her term of office.

(2) Any individual elected to the position of City councilor or school commissioner must be a legal voter of the City and of the ward or City district he or she proposes to represent as of the date the written consent required by 17 V.S.A. § 2681(a) is filed and at all times during his or her term of office.

(3) Any person appointed to serve as a member of any City commission must, except as otherwise specifically provided for herein, be a legal voter of the City at all times during his or her term of office.

(c) Except as provided below, any person appointed by the Mayor and approved by the City Council for the position of City Assessor, City Attorney, Chief Administrative Officer, City Constable, Civil Defense Director, Director of the Office of Community and Economic Development, Harbor Master, Director of Planning, Director of Permitting and Inspections, or Human Resources Director, and any person appointed to be the superintendent or corresponding Chief Executive Officer of the Cemetery, Electric Light, Fire, Parks and Recreation, Police, Public Works, or School Departments shall, in order to be legally eligible to serve, either be a legal voter of the City as of the date his or her term of office commences and at all times thereafter or, if not a legal voter as of the date his or her term of office commences, shall become a legal voter within the City within one year from the date such term of office commences and maintain such status at all times thereafter. In case of personal hardship found and declared to exist by the City Council with Mayor presiding, the time limit for an individual to become a legal voter of the City may be extended for a set period of time beyond one year.

(d) The above subsections hereof shall not be considered applicable to an incumbent in the above listed positions so long as such incumbent remains in the position which he or she holds as of March 1, 1994. Nor shall the above subsections be regarded as applicable to any City position which is not listed above or to the appointed assistants in any position listed above.

(e) In case any person holding any elective or appointive office in the City shall at any time for any reason become legally disqualified to hold such office, such office shall thereupon become vacant and shall be filled for the unexpired term in which such vacancy occurs and in the manner herein provided for filling such vacancy. (Amended 2001, No. M-6, § 2; 2013, No. M-15 (Adj. Sess.), § 2, eff. March 3, 2015; 2019, No. M-6, § 2, eff. May 23, 2019.)