(a) Composition. There shall be a City Council of ten members. Two Councilors shall reside in and be elected to represent each of the five wards of the City. Councilors shall be elected by the qualified voters of the wards they reside in and represent.
(b) Eligibility. Only resident voters of the City, as defined by this Charter, shall be eligible to hold the office of Councilor. Councilors shall reside in the Ward to be represented at the time of nomination and throughout the term of office. There shall be no other eligibility requirements. Council shall be the final arbiter of the eligibility of any prospective candidate and the continued eligibility of an elected Councilor.
(c) Nomination. Any person who is eligible to hold office as a Councilor may file for election in compliance with West Virginia and City law.
(d) Election. Council elections shall be conducted every odd-numbered year on the first Tuesday of June. One member of the council for each ward shall be elected.
(e) Term. Councilmembers shall serve a term of four (4) years, beginning on the first day of July immediately following the election of that member, and until the successor in office is elected and qualified.
(f) Special Elections. Special elections for any purpose must be authorized by a two-thirds majority public vote of a quorum of the Council and called by the Mayor. Notices of all special elections must be given by publication in a newspaper of general circulation, published in the City of Elkins.
(g) Canvas. The Council shall sit as the Board of Election Canvassers in compliance with State and City law. In the case of a tie vote for any office, Council shall by majority vote determine the winning candidate.
(h) Vacancy. The office of a Councilmember shall become vacant upon death, resignation, or forfeiture or removal from office in any manner authorized by law or by this Charter. A vacancy shall also exist whenever a Councilmember shall remove from the ward from which the nomination to serve was made. The vacancy shall be filled by appointment of a qualified person by Council. The office shall be placed on the next election for service of the remainder of the vacated term or for a new term, whichever is appropriate.
Note: See W. Va. Code §§ 3-1-2, 3-1-3
(i) Forfeiture of Office. A Councilmember shall automatically and by operation of law forfeit office if that Councilor:
(1) Lacks at any time during term of office any qualification for the office prescribed by this Charter or by law; or,
(2) Violates any express provision of this Charter; or,
(3) Is found by a two-thirds majority public vote of a quorum of the Council to have violated the conflict of interest provisions at section nineteen, article five, chapter eight of the West Virginia Code; or,
(4) Fails to attend three consecutive regular meetings of the Council without prior notice to Council of the absences.
(5) Members subject to forfeiture of office shall be notified by resolution of Council of said forfeiture. Forfeiting member's not voluntarily relinquishing office shall be removed by action of a court of competent jurisdiction in accordance with West Virginia law.