(a) Vacancies. The office of a Mayor 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 qualified person has not been elected to a position of Mayor under the provisions of this Charter.
(b) Forfeiture of Office. A Mayor shall automatically and by operation of law forfeit office if the Mayor:
(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 prohibition of this Charter; or,
(3) Is found by two-thirds majority public vote of 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 written notice to Council of the absence.
(5) If the Mayor is subject to forfeiture, the Mayor shall be notified by resolution of Council of said forfeiture. A forfeiting Mayor not voluntarily relinquishing office shall be removed by action of a court or competent jurisdiction in accordance with West Virginia law.
(c) Filling of Vacancies. The filling of a vacancy in the Office of Mayor shall be by a qualified person appointed by majority vote of a quorum of Council within 60 (sixty) days after the occurrence of the vacancy. 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