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Current as of January 01, 2024 | Updated by FindLaw Staff
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.
Cite this article: FindLaw.com - New Jersey Statutes Title 40A. Municipalities and Counties 40A § 16-3 - last updated January 01, 2024 | https://codes.findlaw.com/nj/title-40a-municipalities-and-counties/nj-st-sect-40a-16-3/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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