§ 2811 — Council vacancies

(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.

Legislative History

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