(A) Resignation of appointed officials. Any officer of the city may resign from office. If such officer resigns, he or she shall continue in office until his or her successor has been chosen and has qualified. If there is a failure to appoint a city officer or the person appointed fails to qualify, the person filling the office shall continue in office until his or her successor has been chosen and has qualified.
(Prior Code, § 1-2-23)
(B) Vacancy by resignation. A resignation is not effective unless it is in writing, signed by the person holding the elective office, and notarized.
(1) Unconditional resignation. An unconditional resignation by a person holding the elective office may specify a future date, not later than 60 days after the date the resignation is received by the officer authorized to fill the vacancy, at which time it becomes operative, but the resignation may not be withdrawn after it is received by the officer authorized to fill the vacancy. The effective date of a resignation that does not specify a future date at which it becomes operative is the date the resignation is received by the officer authorized to fill the vacancy. The effective date of a resignation that has a specified future effective date is that specified future date or the date the resignation is received by the officer authorized to fill the vacancy, whichever date occurs later.
(2) Conditional resignation. A resignation that does not become effective unless a specified event occurs can be withdrawn at anytime prior to the occurrence of the specified event, but if not withdrawn, the effective date of the resignation is the date of the occurrence of the specified event or the date the resignation is received by the officer authorized to fill the vacancy, whichever date occurs later.
(3) Vacancy upon the effective date. For the purpose of determining the time period that would require an election to fill the vacancy by resignation or the commencement of the 60-day time period referred to in § 30.24, the resignation of an elected officer is deemed to have created a vacancy as of the effective date of the resignation.
(4) Duty of the Clerk. If a resignation is delivered to the Clerk of the municipality, the Clerk shall forward a certified copy of the written resignation to the official who is authorized to fill the vacancy within seven business days after receipt of the resignation.
(Prior Code, § 1-2-38)
(C) Vacancy by death or disability.
(1) (a) A vacancy occurs in an office by reason of the death of the incumbent. The date of the death may be established by the date shown on the death certificate. A vacancy occurs in an office by permanent physical or mental disability rendering the person incapable of performing the duties of the office.
(b) The corporate authorities have the authority to make the determination whether an officer is incapable of performing the duties of the office because of a permanent physical or mental disability.
(2) A finding of mental disability shall not be made prior to the appointment by a court of a guardian ad litem for the officer or until a duly licensed doctor certifies, in writing, that the officer is mentally impaired to the extent that the officer is unable to effectively perform the duties of the office.
(3) If the corporate authorities find that an officer is incapable of performing the duties of the office due to permanent physical or mental disability, that person is removed from the office, and the vacancy of the office occurs on the date of the determination.
(Prior Code, § 1-2-39)
(D) Vacancy by other causes.
(1) Abandonment and other causes.
(a) A vacancy occurs in an office by reason of abandonment of office, removal from office, or failure to qualify or more than temporary removal of residence from the municipality, as the case may be.
(b) The corporate authorities have the authority to determine whether a vacancy under this division (D)(1) has occurred. If the corporate authorities determine that a vacancy exists, the office is deemed vacant as of the date of that determination for all purposes including the calculation under § 30.24 or § 31.08.
(2) Guilty of a criminal offense.
(a) An admission of guilt of a criminal offense that, upon conviction, would disqualify the municipal officer from holding the office, in the form of a written agreement with state or federal prosecutors to plead guilty to a felony, bribery, perjury, or other infamous crime under state or federal law, constitutes a resignation from that office, effective on the date the plea agreement is made.
(b) For purposes of this division (D)(2), a conviction for an offense that disqualifies a municipal officer from holding that office occurs on the date of the return of a guilty verdict or, in the case of a trial by the court, on the entry of a finding of guilt.
(3) Election declared void. A vacancy occurs on the date of the decision of a competent tribunal declaring the election of the officer void.
(Prior Code, § 1-2-40)
(E) Vacancies due to election being declared void. In cases of vacancies arising by reason of an election being declared void, pursuant to division (D)(3) above, persons holding elective office prior thereto shall hold office until their successors are elected and qualified or appointed and confirmed by advice and consent, as the case may be.
(Prior Code, § 1-2-44)
(F) Owing a debt to the municipality. A vacancy occurs if a municipal official fails to pay a debt to a municipality in which the official has been elected or appointed to an elected position subject to the provisions of 65 ILCS 5/3.1-10-50(C)(4).
(Prior Code, § 1-2-45)
Statutory reference:
Related provisions, see 65 ILCS 5/3.1-10-50 and 65 ILCS 5/3.1-10-50(C)(4)