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Each member of Council shall receive an annual salary during his or term of office. Council members may waive this compensation and serve their terms voluntarily. Council shall, by duly enacted ordinance, address itself to the issue of compensation, including setting the salary and benefits, for the Mayor, the Village Recorder, and for Council members. In no case shall any change in the salary of Council members or of the Mayor or the Village Recorder become effective during the current term of any Council member, Mayor or Village Recorder.
(Amended 6-5-03; 6-19-07; 6-4-15; 5-16-23)
Council shall, within five years of the effective date of this Charter and at least every eight years thereafter, cause to be prepared a Municipal Code with an adequate index containing all ordinances of general application which are appropriate for continuation as law. Such Code may be prepared by the Village Attorney or Council may contract for its preparation by professional persons or by organizations experienced in the revision and codification of ordinances or statutes. When the Code, or any general revision thereof, shall have been prepared, Council shall cause copies of the same to be prepared and made available for public distribution. No ordinance approving such Code or revision shall be adopted until ninety days have elapsed following the date on which Council shall have noted in its official journal the availability of copies of such proposed Code to the public nor until compliance with all applicable law. The Code and general revisions thereof need not be printed in the official journal, but Council shall cause the Code and revisions to be published and distributed to the public at such reasonable price as may be established. All ordinances of general application, adopted after the approval of the Code, shall be adopted as amendments to the Code, shall indicate the section numbers to be assigned to the text of such ordinance in the Code and shall be indexed accordingly therein. Until such Code is prepared, adopted and distributed, the Village Recorder shall make available to any person requesting it, at a cost to be fixed by Council, copies of all presently effective Village ordinances and all ordinances which may be subsequently adopted.
Council shall have power to conduct investigations of the operation of any office, department, division, agency or board administering the affairs of the Village and of any subject upon which it may legislate. Council shall have power to administer oaths, subpoena witnesses and compel the production of records pertinent to any investigation conducted pursuant to this section of the Charter.
Council shall have authority to initiate impeachment proceedings, by resolution, against the Mayor, members of Council or against any appointee of the Mayor, by a two-thirds vote of the members of Council. A three-fourths vote of the members of Council shall be required to convict any person so impeached. Conviction under this section shall be grounds for removal from office in accordance with the provisions of this Charter or general law. In the event an impeachment resolution is adopted by Council, as specified herein, it shall state with clarity and particularity each offense of which the person is accused, in terms sufficient to constitute due and proper notice to such person of the nature of the offense or offenses charged. Such impeachment resolution shall be directed to the officer or person named therein and shall require such officer and person to appear for a hearing before the Village Council on a specific day named in the resolution of impeachment. A true copy of such resolution shall be served upon such officer or person at least twenty days prior to the date scheduled for such hearing in the manner in which a summons commencing a civil suit may be served.
(a) On the day specified for hearing on any impeachment resolution, the Village Council shall convene for the purpose of hearing the evidence against the officer or person named in said resolution. The Council shall proceed to hear the charges and/or evidence in support thereof or in opposition thereto. At the conclusion of the evidence, Council members shall vote individually either to convict or to acquit on the impeachment resolution except that if the officer or person being tried is also a member of Council, his or her vote shall not be cast or counted either for or against impeachment. In the event a majority of the votes are cast for the impeachment of the officer or person, he or she shall thereupon be removed from office.
(b) In the event the Village Council votes for impeachment and removes such officer or person from office pursuant to this section, an appeal may be taken from such action to the Circuit Court of Cabell County, West Virginia, within thirty days from the date of the vote convicting such officer or person under the impeachment resolution. The Circuit Court of Cabell County shall consider and decide the appeal upon the original papers and documents without requiring the same to be printed and shall enforce its findings and decisions by proper writ.
(c) If a Municipal officer or employee be removed from office under this section, the Village Council shall have full power and authority to fill the vacancy in such office and position by a temporary appointment until a final decision of the matter. When a final decision has been made by the Circuit Court of Cabell County, West Virginia, or by such other court having jurisdiction, then the Village Council shall fill such vacancy in the manner provided by law for such office or position.
Wherever in this Charter provision is made for an appointment to be made by the Mayor subject to the consent and approval of the Council and the Mayor fails, neglects or refuses to make such appointment, the Council shall have the right and discretion to make such appointment by the affirmative vote of five (5) of its members acting on such appointment at any regular meeting of the Council or at any special meeting called for the purpose of acting on such appointment; provided, however, that Council shall not make such appointment without first giving to the Mayor fourteen (14) calendar days' notice to make the appointment prior to such meeting. Wherever in this Charter provision is made for an appointment to be made by the Mayor subject to the consent and approval of the Council, and the Mayor shall twice make such appointment for the same position or office, and the Council shall twice decline such appointment or twice withhold its consent and approval of such appointment, then Council shall have the right and discretion to make such appointment by the affirmative vote of five (5) of its members voting on such appointment at a regular meeting of the Council or at a special meeting called for the purpose of considering the same.
(Enacted 6-6-89)