(a) Occurrence of a Vacancy. A vacancy shall occur whenever a Councilmember or the Mayor dies, becomes incapacitated, resigns, becomes a non-resident of the Town, or is convicted while in office of a felony or of any misdemeanor offense for abuse of public office.

(b) Removal. If a member of the Town Council, or the Mayor, misses more than three (3) consecutive regular meetings, he may be removed from his position by a vote of at least five (5) members of the Town Council, after notice and hearing. If there is a reasonable basis for missing meetings acceptable to other Town Council members, particularly if given in advance, the absence shall be deemed to be excused and shall not be a basis for a removal vote. A member, or the Mayor, may also be removed for official misconduct while in office as determined by the remaining Councilmembers.

(c) Procedure to Fill Vacancy for Councilmember Other Than the Mayor. Whenever a vacancy occurs more than one hundred eighty (180) days prior to the next regular Town election, the Town Council shall solicit the general public for applications to fill the vacancy. If a vacancy occurs within ninety (90) days of the next general election, then the Town Council may leave the office vacant and provide for a replacement to be elected at such general election.

(d) Procedure to Fill Vacancy for Office of the Mayor. The Mayor Pro Tem shall assume the office of Mayor when a vacancy occurs.

(e) Multiple Vacancies. If three (3) or more vacancies exist on the Town Council at any given time, then the Town Council shall immediately schedule a special election to take place within sixty (60) days after the occurrence of the third vacancy, unless a general election is already scheduled within ninety (90) days.

(f) Terms of Persons Filling Vacancies. Any person appointed or elected to the Town Council to fill a vacancy shall hold office until the expiration of the term for such office and until a successor is elected and qualified. If a current Councilmember is elected as Mayor, the Councilmember’s former seat shall become vacant upon the effective date of the election, and a replacement shall be appointed or elected in accordance with this Section. (Amended January 17, 2019; Amended November 8, 2022)