New_jersey Statute | Act | Code |Title 40a Municipalities And Counties| US Code - US Statute

40A:9-12. Vacancy from any cause other than expiration of term or filing of petition for recall In any county or municipality, whenever a vacancy in office occurs from any cause other than expiration of the term of office or the filing of petition for recall, such vacancy shall be filled in the manner prescribed by law. L.1971, c. 200, s. 1, eff. July 1, 1971. Amended by L.1979, c. 83, s. 16, eff. April 26, 1979. 40A:9-12.1. Vacancy deemed on resignation, incapacity, death, residence, absence, or removal; filling unexpired term 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; b. Upon the filing by such officer of his written resignation; 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 corporate limits of the local unit or other designated territorial area; g. In the case of a member of a 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 8 consecutive weeks, or for four consecutive regular meetings, whichever shall be of longer duration, at the conclusion of such period, provided that such body shall notify the appointing 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 paragraph 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. L.1979, c. 302, s. 1, eff. Jan. 17, 1980.

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