(A) Every officer, employee or agent of the city who, in the course of his or her official duties, receives, handles or has custody of or control of city funds over more than an amount set by Council from time to time, negotiable instruments or securities at any time shall, before entering upon his or her duties as such officer, employee or agent and within ten days of his or her election or appointment, give bond, payable to the city, with corporate surety, in an amount no less than an amount set by Council from time to time, conditioned upon the faithful performance of his or her duties and a true accounting of all city funds, negotiable instruments and securities received or handled by him or her or coming within his or her custody or under his or her control, and payment thereof to the city; provided that the bond of the City Collector and Treasurer shall be in an amount no less than an amount set by Council from time to time; the bond of the City Clerk shall be no less than an amount set by Council from time to time; and provided further, that during any period when two or more positions are held by the same person, the bond for such person shall be in an amount no less than the highest amount required for any one of such positions.
(B) The Council may adopt a system of blanket faithful performance and honesty bonding as an alternative to the individual bonds provided by division (A) above; provided, that the minimum amounts specified in division (A) above for the positions named therein shall remain the same as therein specified.
(C) All persons hired by the city to work during the Forest Festival shall, when required by the Council, give bond, payable to the city with corporate surety, in an amount no less than an amount set by Council from time to time, as may be specified by the Council and conditioned upon the faithful performance of their duties and the payment of any judgment or decree rendered against them for the negligent or unlawful performance of those duties.
(D) All regularly appointed police officers and all officers, employees and agents of the city who, in line of duty, are required or authorized to carry firearms, shall give bond, payable to the city, with corporate surety, in an amount no less than an amount set by Council from time to time, as may be specified by the Council, and conditioned upon the faithful performance of their respective duties and the payment of any judgment or decree which may be rendered against them for the negligent or unlawful use or handling of such firearms and shall save the city harmless from all claims and demands whatsoever for the negligent or unlawful use or handling of such firearm.
(E) The City Attorney shall approve all bonds required by this section with respect to their form and legality, and the premiums thereon shall be paid by the city. The Council shall approve all bonds required by this section with respect to their sufficiency. All bonds required by this section shall be in the custody of the City Clerk; except, that the bond of the City Clerk shall be in the custody of the Mayor. Certified copies of all such bonds shall be filed in the County Clerk’s office.
(F) The Council shall have authority to increase the penalty of the bonds at any time it may deem necessary, and a failure by any city office, employee or agent to comply with the requirements of the Council within a reasonable time shall be sufficient reason for declaring the office or position vacant and the Council may proceed to fill such vacancy.
(1991 Code, § 2-1)
Charter reference:
For Charter provisions as to official bonds of officers, see Char. Section 7.04
Statutory reference:
Authority of city to require bonds of its officers, see W.Va. Code § 8-12-5(46)
Bonds of public officers generally, see W.Va. Code §§ 6-2-1 et seq.
Bonds required of police officers, see W.Va. Code § 61-7-5
Requirement that municipal officers who handle public funds give bond, see W.Va. Code § 6-2-11