The Oro Valley mayor asked the Pima County attorney to determine whether a Town Council member lives outside town limits, which would make him ineligible to hold office.
Mayor Satish Hiremath sent a letter to Barbara LaWall on July 11, saying council member Brendan Burns hasn’t lived in Oro Valley for months.
“It appears from his personal life circumstances that he will not be returning to reside in Oro Valley in the near future,” Hiremath wrote.
Hiremath sent the letter to LaWall the same day Burns made headlines for an indictment on felony-burglary and domestic-violence charges.
Chief civil deputy County Attorney Chris Straub declined to comment on the investigation, saying the state statute speaks for itself.
State law requires Town Council members to live in the town.
If Burns were removed from office, the Town Council would appoint a replacement.
The process typically includes a call for applicants, a review process and a Town Council vote, said Tobin Sidles, Oro Valley legal services director.
The council last appointed a member in 2010.
Burns was elected in 2012, and his term expires in 2016. He did not return a call Thursday. The next Town Council meeting is Sept. 3.