MONMOUTH – One selectman is ineligible to take office and his now-vacant seat will be filled at a special town meeting, selectmen decided Wednesday.

The move came after the town attorney advised that Leonard Bates was ineligible to hold office when he was sworn in earlier this summer.

The controversy began at a meeting two weeks ago when the wife of a former candidate presented evidence that Bates was registered to vote in both Maine and Florida at the time he took office. Bates revoked his Florida residency after learning of the possible impropriety and maintained that he did not intend to break the law.

Residents who spoke at Wednesday’s meeting defended him.

“Mr. Bates is a man of conviction,” said one resident.

Bates told selectmen that they should follow the advice of the town attorney by announcing that his seat is vacant and creating a plan to fill it.

The attorney said the town could hold an election, swear Bates into office again, or take no action.

Keeping an empty seat would leave four selectmen on the board and create the possibility of a deadlock.

“I would recommend that you fill the vacancy as soon as possible,” said Town Manager Steve Dyer.

For those who wanted to clear the air, swearing in Bates again was not an option. “I don’t think re-swearing me is the correct answer,” Bates said.

The board unanimously decided to hold a special town meeting on Aug. 10. Nomination papers are available and must be filed by July 26.

Bates plans to run for office again.

The town attorney also said the town should annul split decisions since Bates’ vote did not count. In accordance, motions to under-spend the police budget by 10 percent and to reduce the selectmen’s stipend by $500 were considered void.

Selectmen will again take up these and other possible budget cuts in August.

In other business, the board elected Caroline Allen its chairperson, effective immediately. They also agreed to consent agreements for three residents who violated property ordinances. If the residents accept the agreements, the town will levy fines ranging from $500 to $2,500 and negotiate restrictions on their properties.

Also, selectmen will allow town employees to donate sick days to Harold “Buddy” Floyd Jr. Floyd is the town custodian and Cumston Hall caretaker. He recently suffered a heart attack.

The move came at the suggestion of the volunteers.

“I’ve been asked by approximately half of the town’s employees,” Dyer said. The board’s vote was unanimous.