Judges: RICHARD P. IEYOUB
Filed Date: 6/23/1992
Status: Precedential
Modified Date: 7/5/2016
Dear Ms. Ard:
This office is in receipt of your request for an opinion of the Attorney General. You indicate the elected Marshal gave the Mayor a hand written resignation stating in the best interest of all concerned he was resigning for health and other personal problems. He was admitted to West Lake Rehab center for treatment of drug abuse, but is no longer there or at the present time living in the Village. He has not returned a typed resignation prepared at the Mayor's direction to be witnessed and notarized. Your question regards the replacement of the Marshal who has not worked as Marshal since December 1991.
There are numerous opinions of this office that conclude under R.S.
It is not clear from your letter whether the Marshal is temporarily out of the Village, or has changed his residence from the Village. If he has moved his residence, the governing authority may declare the office vacant.
However, it would appear, even if he has not moved his residence, the office may still be declared vacant by reason of his written resignation and subsequent failure to perform his duties. Although the resignation is not in the form provided by R.S.
After the office is declared vacant, under R.S.
We hope this sufficiently answers your inquiry as how to replace the Marshal, but if we can be of further assistance, please do not hesitate to contact us.
Sincerely yours,
RICHARD P. IEYOUB Attorney General
BY: BARBARA B. RUTLEDGE Assistant Attorney General
BBR/2110f