31.0.1. A person who resigns during his term of office is entitled to the severance allowance provided for in section 30.1 or to the transition allowance provided for in the by-law made by the council of the municipality under section 31 on condition that his resignation is due to a serious family matter or a major health issue affecting him or a member of his immediate family.
At the resigning person’s request made to the Commission municipale not later than the 30th day after his resignation, the Commission, acting through a single member designated by the president of the Commission in accordance with section 6 of the Act respecting the Commission municipale (chapter C-35), shall determine whether one of the conditions set out in the first paragraph has been met.
Before rendering a decision, the member designated by the president of the Commission shall give the resigning person an opportunity to present observations and be heard in camera.
The Commission shall render its decision not later than the 30th day after the day on which it received the request. It shall send its decision in writing to the resigning person and the municipality. The Commission shall not disclose the reasons for the decision, except to the resigning person.
If the decision is favourable, the allowance is paid retroactively from the date the resigning person’s term ended.
Despite the fifth paragraph, payment of the allowance is suspended if the resigning person is the subject of an application to have him declared disqualified or of proceedings which, under section 301 or 302 of the Act respecting elections and referendums in municipalities (chapter E-2.2), could bring about his disqualification. The payment may be made, if applicable, on the first of the following dates:
(1) the date on which the applicant withdraws the application for declaration of disqualification, or on which the prosecutor stays all charges in the proceedings; and
(2) the date on which a judgment acquitting the person or dismissing the application for declaration of disqualification becomes final.
In such a case, section 31.0.2 applies, with the necessary modifications.
2016, c. 17, s. 1291; 2018, c. 8, s. 23711.