A vacancy in the position of a Mayor or Council members shall be deemed to exist when a majority of the Mayor and all elected Council members determine that a Mayor or Council member:
(A) Is no longer a resident of the town;
(B) Has been convicted of a felony;
(C) Has been determined to be insane or mentally incompetent;
(D) Has become disqualified from holding office for any reason specified by law;
(E) Has had his or her term expired when no successor has been elected and qualified;
(F) Has refused to take the oath of office;
(G) Has had his or her election voided;
(H) Has been convicted of a crime involving moral turpitude or constituting a breach of his or her oath of office;
(I) (1) Has, as determined by a majority of the Town Council, failed to perform his or her duties in the manner necessary to adequately represent the citizens of the town. For purposes of this section, TOWN COUNCIL shall be deemed to include the Mayor and Council members.
(2) In determining if a Mayor or Council member has failed to perform his or her required duties, the following shall be deemed as conclusive evidence:
(a) Three or more unexcused or unexplained absences from duly called Council meetings during his or her term; and
(b) Being absent from the town for such extended periods of time so as to make it impossible for the Mayor or Council member be aware of or involved in the business of the town.
(3) Specifically as to determining if a Mayor has failed to perform his or her required duties, the Town Council must find that the Mayor has failed to assume the superintending control of the officers, employees and affairs of the town and any other duties required by law.
(J) Has died; or
(K) Resigns.
(Prior Code, § 2.08.010) (Ord. 2006-01, passed 5-11-2006)