1-2-38   VACANCY BY RESIGNATION.
   A resignation is not effective unless it is in writing, signed by the person holding the elective office, and notarized.
   (A)   Unconditional Resignation. An unconditional resignation by a person holding the elective office may specify a future date, not later than sixty (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by the officer authorized to fill the vacancy, at which time it becomes operative, but the resignation may not be withdrawn after it is received by the officer authorized to fill the vacancy.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.
   (B)   Conditional Resignation. A resignation that does not become effective unless a specified event occurs can be withdrawn at any time prior to the occurrence of the specified event, but if not withdrawn, the effective date of the resignation is the date of the occurrence of the specified event or the date the resignation is received by the officer authorized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.
   (C)   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 sixty (60) day time period referred to in Section 1-2-42, the resignation of an elected officer is deemed to have created a vacancy as of the effective date of the resignation.
   (D)   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 (7) business days after receipt of the resignation.