Procedure for declaring a vacancy shall be as follows.
(A) Upon investigation by the Council or its designated official, and a determination of the existence of a copy of a certified copy of an order or a court of competent jurisdiction, a vacancy shall be deemed to exist with respect of § 32.01(C), (D) or (G).
(B) The Mayor or Council member shall be deemed a nonresident and a vacancy therefor to exist as a § 32.01(A), when he or she shall have failed to occupy a place of fixed, permanent and customary place of habitation, within the boundaries of the municipality for a period of at least 180 days during each calendar year.
(C) A Mayor or Council member shall be deemed to have been convicted of a felony, a crime involving moral turpitude, or a breach of his or her oath of office as to § 32.01(B) or (H) upon receipt of a certified copy of an order of a court of competent jurisdiction showing a conviction, plea of guilty or plea of nolo contendere.
(D) As to § 32.01(J), the death of the Mayor or Council member shall be evidenced by a certificate.
(E) As to § 32.01(K), a resignation shall be deemed effective and a vacancy to have occurred as follows:
(1) A Mayor or Council member desiring to resign from his or her position on the governing body, shall submit a resignation in writing to the Municipal Clerk specifying the date he or she desires the resignation to be effective, which date shall not be more than 30 days after the postmark date of the letter if mailed, or after the date of delivery to the Municipal Clerk.
(2) The Municipal Clerk shall place the question of resignation before the governing body for acceptance or rejection at a special meeting or at the regular meeting next succeeding the postmark date of the letter of resignation or the delivery thereof to the Municipal Clerk.
(3) The resignation may be withdrawn at any time prior to acceptance or rejection by the governing body; provided, that a request for withdrawal of a resignation must also be in writing and received by the Municipal Clerk prior to the agenda day of the special or regular meeting at which the resignation shall be considered.
(4) The resignation, unless withdrawn as stated in division (C) above, shall be deemed effective and a vacancy to exist on the date requested by the resigning Mayor or Council member and/or a date determined by the governing body.
(F) The refusal of the Mayor or Council member to take the oath of office, as required by law, at the time and place and before the person designated, shall constitute a failure to take the oath as required by § 32.01(F) and a vacancy shall be deemed to exist at said time.
(Prior Code, § 2.08.020) (Ord. 2006-01, passed 5-11-2006)