[Adopted 11-8-1999 by Ord. No. 2000-03]
This article shall be referred to as the "Officer Resignation and Removal Ordinance."
It is the intent of this article to establish procedures for resignations and removal of Town officers (Councilors, Mayor, Clerk, Police Chief and Town Attorney).
In the event that a Councilor or other Town officer resigns from office, his resignation shall be immediately irrevocable upon delivery or presentation at any Council meeting, to the Clerk, the Town Attorney, or any individual Councilor. No formal acceptance of the resignation is required. The resignation may be verbal to be effective; however, the officer receiving the resignation shall have the resignation reduced to writing either by the resigning officer or by memorandum of the receiving officer describing the resignation details, if any. Resignations shall be made effective at 5:00 p.m. on a date certain no more than 60 days beyond the date of delivery; however, the Town Council may request that the officer grant an extension of that date, reduce the effective date to be effective at that Council meeting, or accept the resigning officer's request to extend or revoke the resignation. The Council may not consider a request to extend or revoke a resignation without the resigning officer's written approval and may consider such request until 5:00 p.m. of the effective date.
As provided in the Town's Charter, a Councilor or the Mayor may forfeit his office for being absent from three consecutive regular meetings without being excused by the Council. Forfeiture is not automatic and must be raised by motion at the next regular Council meeting after the third consecutive meeting missed. If the motion is not raised at this fourth consecutive meeting, and the Mayor or Councilor misses that fourth meeting as well, the motion may be raised at the fifth meeting, regardless of whether the Mayor or Councilor appears at that meeting, and so on. If there is no motion for forfeiture raised at the next regular meeting, and the Mayor or Councilor in question has attended that full meeting, then the forfeiture is abandoned by the Town, and the Mayor or Councilor in question shall retain his seat.
The Mayor or Councilor may ask any other officer to present his reasons for absence to any meeting, and that officer may ask for a motion by the Council to excuse the absent Mayor or Councilor.
This article shall be effective immediately upon adoption in accordance with law. If any state or federal laws, rules or regulations conflict with this article, the state laws, rules or regulations shall prevail unless the standard provided herein is compatible with or stricter than the state laws, rules or regulations. Except for notice periods provided by other ordinances, any ordinances in conflict with this article are revoked.