Section 2602 - Vacancy in municipal office1.When vacancy exists. A vacancy in a municipal office may occur by the following means: A. Nonacceptance; [1987, c. 737, Pt. A, §2(NEW); 1987, c. 737, Pt. C, §106(NEW); 1989, c. 6(AMD); 1989, c. 9, §2(AMD); 1989, c. 104, Pt. C, §§8, 10(AMD).]B. Resignation; [1987, c. 737, Pt. A, §2(NEW); 1987, c. 737, Pt. C, §106(NEW); 1989, c. 6(AMD); 1989, c. 9, §2(AMD); 1989, c. 104, Pt. C, §§8, 10(AMD).]C. Death; [1987, c. 737, Pt. A, §2(NEW); 1987, c. 737, Pt. C, §106(NEW); 1989, c. 6(AMD); 1989, c. 9, §2(AMD); 1989, c. 104, Pt. C, §§8, 10(AMD).]D. Removal from the municipality; [1987, c. 737, Pt. A, §2(NEW); 1987, c. 737, Pt. C, §106(NEW); 1989, c. 6(AMD); 1989, c. 9, §2(AMD); 1989, c. 104, Pt. C, §§8, 10(AMD).]E. Permanent disability or incompetency; [1987, c. 737, Pt. A, §2(NEW); 1987, c. 737, Pt. C, §106(NEW); 1989, c. 6(AMD); 1989, c. 9, §2(AMD); 1989, c. 104, Pt. C, §§8, 10(AMD).]F. Failure to qualify for the office within 10 days after written demand by the municipal officers; [2011, c. 324, §2(AMD).]G. Failure of the municipality to elect a person to office; or [2011, c. 324, §3(AMD).]H. Recall pursuant to section 2505. [2011, c. 324, §4(NEW).] [2011, c. 324, §§2-4(AMD).]
2.Vacancy in office other than member of select board or school committee. When there is a vacancy in a town office other than a vacancy on the select board or school committee, the select board may appoint a qualified person to fill the vacancy. [2021, c. 275, §34(AMD).]
3.Vacancy in office of member of select board. When there is a vacancy on the select board, the select board may call a town meeting to elect a qualified person to fill the vacancy. [2021, c. 275, §35(AMD).]
4.Vacancy in school committee. A vacancy in a municipality's school committee shall be filled as provided in Title 20-A, section 2305, subsection 4. [1987, c. 737, Pt. A, §2(NEW); 1987, c. 737, Pt. C, §106(NEW); 1989, c. 6(AMD); 1989, c. 9, §2(AMD); 1989, c. 104, Pt. C, §§8, 10(AMD).]
5.Person appointed qualifies. The person appointed to fill a vacant office must qualify in the same manner as one chosen in the regular course of municipal activity. [1987, c. 737, Pt. A, §2(NEW); 1987, c. 737, Pt. C, §106(NEW); 1989, c. 6(AMD); 1989, c. 9, §2(AMD); 1989, c. 104, Pt. C, §§8, 10(AMD).]
6.Home rule authority. Under its home rule authority, a municipality may apply different provisions governing the existence of vacancies in municipal offices and the method of filling those vacancies as follows: A. Any change in the provisions of this section relating to a school committee must be accomplished by charter; and [1993, c. 369, §1(AMD).]B. Any change in the provisions of this section relating to any other municipal office may be accomplished by charter or ordinance. [1987, c. 737, Pt. A, §2(NEW); 1987, c. 737, Pt. C, §106(NEW); 1989, c. 6(AMD); 1989, c. 9, §2(AMD); 1989, c. 104, Pt. C, §§8, 10(AMD).] [1993, c. 369, §1(AMD).]
7.Authority to act. Words in any statute, charter or ordinance giving authority to 3 or more persons authorize a majority to act when the statute, charter or ordinance does not otherwise specify. Notwithstanding any law to the contrary, a vacancy on an elected or appointed municipal or quasi-municipal body does not in itself impair the authority of the remaining members to act unless a statute, charter or ordinance expressly prohibits the municipal or quasi-municipal body from acting during the period of any vacancy and does not in itself affect the validity of any action no matter when taken. [2007, c. 396, §3(NEW); 2007, c. 396, §4(AFF).]
Amended by 2021SP1, c. 275,§ 35, eff. 10/18/2021.Amended by 2021SP1, c. 275,§ 34, eff. 10/18/2021.Amended by 2011, c. 324,§§ 2 to 4, eff. 6/13/2011.1987, c. 737, §§A2,C106 (NEW) . 1989, c. 6, (AMD) . 1989, c. 9, § 2 (AMD) . 1989, c. 104, §§C8,10 (AMD) . 1991, c. 270, § 3 (AMD) . 1993, c. 369, § 1 (AMD) . 2007, c. 396, § 3 (AMD) . 2007, c. 396, § 4 (AFF) .