The Lisbon Town Council Wants to Change Sec. 2.11. Vacancies; Forfeiture of Office; Filling of Vacancies

ARTICLE II. TOWN COUNCIL

The Lisbon Town Council wants to amend the following ordinances:

Sec. 2.11. Vacancies; Forfeiture of Office; Filling of Vacancies.

(a) Vacancies. The office of Councilor shall become vacant upon a Councilor's nonacceptance, death, resignation, failure to qualify for the office within ten days after written demand of the Council, forfeiture of office, or failure of the municipality to elect a person to the office.

From this:

(b) Forfeiture of Office. A councilor shall forfeit the office if the Councilor (1) lacks at any time during his or her term of office any qualifications for the office prescribed by this Charter or by law, (2) violates any express prohibition of this Charter, (3) is convicted of any crime or offense which is reasonably related to his or her ability to serve as councilor or (4) fails to attend three consecutive regular meetings of the Council without being excused by the Council.

To this:

(b) Forfeiture of Office. A councilor may forfeit the office if the Councilor (1) lacks at any time during his or her term of office any qualifications for the office prescribed by this Charter or by law, (2) knowingly and willfully violates any express prohibition or other provision of this Charter, of the terms of their oath of office, the Town's Ethic Policy, or any other Town provision relating to the conduct of a Councilor, including violation of confidentiality requirements (3) is convicted of any crime or offense which is reasonably related to his or her ability to serve as councilor, (4) fails to attend three consecutive meetings of the Council without being excused by the Council, (5) malfeasance of office, (6) failure to carry out the duties of the office, or (7) misappropriation of funds.

In its review of a Council member, the Council shall have the authority to issue a public reprimand, to cause a reduction of elimination of salary, to suspend the member for a specific period of time, or to cause removal of a Council member which shall result in the seat being declared vacant. A Councilor charged with conduct constituting grounds for forfeiture of office shall be entitled to a public hearing on demand of that Councilor. Notice of such hearing shall be published in one or more newspapers of general circulation in the municipality at least one (1) week in advance of the hearing.

From this:

(c) Filling of Vacancies. If a seat on the Town Council becomes vacant more than six (6) months prior to the next regular Town election, the vacancy shall be filled for the unexpired term by a special election held within sixty (60) days from the date the vacancy occurred. If a seat on the Town Council becomes vacant within six (6) months prior to the next regular Town election, the Council shall appoint a qualified person to fill the vacancy. If the vacancy is a seat of a District Councilor, the person elected or appointed to fill the vacancy shall be a resident of the applicable Voting District.

To this:

(c) Filling of vacancies. If a seat on the Town Council becomes vacant more than six (6) months prior to the next regular Town election, the vacancy shall be filled for the unexpired term by a special election. The Town Council shall follow the time frames for the availability, and filing of nomination petitions and the date of the special election in Section 7.02 of this Charter except that shorter time frames for circulating nomination petitions and for the Town Clerk to prepare ballots is adequate. If a seat on the Town Council becomes vacant within six (6) months prior to the next regular Town election, the Council shall appoint a qualified person to fill the vacancy. If the vacancy is a seat of a District Councilor, the person elected or appointed to fill the vacancy shall be a resident of the applicable Voting District. Should a Councilor who is elected from a particular District change his residence from that District to another District within the Town of Lisbon, that Councilor shall be allowed to serve out that portion of his term until the next election during which Councilor's are elected. At that time, his seat shall be declared vacant for the remainder of that Councilor's term and a new Councilor qualified from that District shall be elected to fulfill the remainder of the term. If by virtue of a change in District lines, a Councilor elected from a particular District, without having physically moved the Councilor's residence, is nevertheless located in a District other than that from which he was elected, he shall be permitted to serve out the remainder of the term but shall not be eligible for reelection as a Councilor from the original District.

http://www.municode.com/resources/gateway.asp?pid=13348&sid=19