A. A vacancy shall be declared by the City Council if a Council member shall die, resign, terminate legal domicile within the corporate limits of the City or the appropriate Council district boundaries, or be judicially removed from office. In the event of a vacancy in the Council, it shall within thirty (30) days of the occurrence and declaration of such vacancy, appoint a qualified resident of the City and the appropriate Council district to fill the unexpired term. Said appointee shall serve with all of the rights and powers of a duly elected Council member, until the next election and the date a successor is duly elected, qualified and sworn into office.
B. 1. As used in this section:
ABSENT: A Council member fails to perform official duties, including the Council member's failure to attend each regularly scheduled meeting that the Council member is required to attend.
PRINCIPAL PLACE OF RESIDENCE: The same as that term is defined in section 20A-2-105 of the Utah Code.
SECONDARY RESIDENCE: A place where an individual resides other than the individual's principal place of residence.
2. Each Council member shall maintain a principal place of residence within the City during the Council member's term of office.
3. Except as provided under subsection B4 of this section, a Council member's office is automatically vacant if, during the Council member's term of office, the Council member:
a. Establishes a principal place of residence outside the City;
b. Resides at a secondary residence outside the City for a continuous period of more than sixty (60) days while still maintaining a principal place of residence within the City;
c. Is absent from the City for a continuous period of more than sixty (60) days; or
d. Fails to respond to a request, within thirty (30) days after the day on which the Council member receives the request, from the County Clerk or the Lieutenant Governor seeking information to determine the Council member's residency.
4. a. Notwithstanding subsection B3 of this section, if the Council member obtains the consent of the Council, in accordance with subsection B4b of this section before the expiration of the 60-day period described in subsection B3 of this section, the Council member may:
(1) Reside at a secondary residence outside the City while still maintaining a principal place of residence within the City for a continuous period of up to one year during the Council member's term of office; or
(2) Be absent from the City for a continuous period of up to one year during the Council member's term of office.
b. At a public meeting, the Council may give the consent described in subsection B4a of this section by majority vote after taking public comment regarding whether the Council should give the consent and the length of time to which the Council should consent. (Ord. 17-26)