§ 2.8. Vacancies

A)

A vacancy in the office of Mayor or Council Member shall exist if during the term of office the Mayor or a Council Member:

1)

Is convicted of a felony;

2)

Is no longer a resident of the Town;

3)

Is hired as an employee of the Town;

4)

Is no longer a registered elector of the Town;

5)

Dies, is judicially declared incompetent, resigns, or is recalled without the election of a successor;

6)

Has had three (3) consecutive unexcused absences from regular or special Council meetings or misses more than twenty-five percent (25%) of regular and special Council meetings in any twelve (12) month period. An absence from a regular or special Council meeting shall be considered unexcused only if the Council so determines, at the next regular or special meeting, by motion setting forth the reasons for the determination. The third consecutive unexcused absence shall be deemed to constitute a vacancy in the office effective on the date of the Council determination that such absence was unexcused.

B)

Should the position of Mayor be vacated for any reason, the Mayor Pro Tem shall take an oath of office as Mayor, and thereupon shall become Mayor and shall perform all duties and have all powers of the Mayor until the next regular municipal election. At the next regular election, the office of Mayor shall be filled by election for the remainder of the unexpired term. Also, upon the Mayor Pro Tem taking office as Mayor, a vacancy shall exist in the Town Council office from which the Mayor Pro Tem was elected and such vacancy shall be filled in accordance with Subsection (C) of this section.

C)

Should the position of a Council Member be vacated for any reason, the Council shall:

1)

If more than 120 days remain in the unexpired term, solicit the general public for application to fill the vacancy and appoint a person meeting the qualifications from the Town at large to fill the position for the remainder of the unexpired term; or

2)

If less than 120 days remain in the unexpired term, the position may remain vacant until the next regular municipal election.

D)

If a vacancy in the office of a district Council Member occurs between the 2018 and 2020 regular elections, the vacancy will be filled under subsection (C) of this section from the Town at large.

(Charter 2003; Subsections A)6, B) and C)1 amended by Ordinance No. 2012-767, adopted February 7, 2012 and passed at election April 3, 2012; Subsections A)2, and C amended and Subsection D) added by Ordinance No. 2018-876, adopted January 18, 2018 and passed at election April 3, 2018.)