Del. Code Ann. tit. 24, § 2811
Council vacancies
24 Del. C. 1953, § 2811; 58 Del. Laws, c. 501, § 1; 61 Del. Laws, c. 467, § 4; 68 Del. Laws, c. 24, § 3; 69 Del. Laws, c. 412, §§ 11, 12; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 267, § 1;
- (a) Where any member of Council is absent from 3 consecutive meetings of the Council without suitable or acceptable reason or becomes incapacitated, the office may be declared vacant by the Council.
- (b) When any member of Council resigns, dies, moves that member’s residence from the State or otherwise ceases to be a member, or in the case of an elected member who changes that member’s engineering discipline in the roster if elected to fill a discipline position on the Council, or in the case of an elected member who changes that member’s field of engineering employment if elected to fill a field of engineering employment position on the Council, or in the case of an elected or an appointed member who changes that member’s county of residence if elected to fill a county residency position, the office shall be declared vacant.
- (c) A declared vacancy of an appointed Council position shall be filled for the unexpired term by appointment by the Governor of the State of a person meeting the qualifications required to hold that appointed Council seat. A declared vacancy of an appointed Council position may, upon a majority vote of Council, be temporarily filled by the former Council member until a new person meeting the qualifications required to hold that appointed Council seat is appointed by the Governor.
- (d) A declared vacancy of an elected Council seat shall be temporarily filled either by the former Council member or by a member meeting the qualifications required to hold that Council seat by virtue of a discipline or employment or county of residence, upon the vote of a majority of the Council, until the next annual election when a member shall be elected to fill any remainder of the unexpired term.
24 Del. C. 1953, § 2811; 58 Del. Laws, c. 501, § 1; 61 Del. Laws, c. 467, § 4; 68 Del. Laws, c. 24, § 3; 69 Del. Laws, c. 412, §§ 11, 12; 70 Del. Laws, c. 186, § 1; 74 Del. Laws, c. 267, § 1