(a) Election; Term. The Mayor, councilmen, and the Recorder shall be elected on the second Tuesday in June of each odd-numbered year. They shall take office on July 1 next following their election and shall serve for a term expiring with the last day of June of the second year following their election, or until their respective successors have been duly elected and have qualified, unless sooner removed from office according to law.
(b) Qualifications. The Mayor, Recorder and councilmen shall be residents of the Town and legal voters therein.
(c) Appointive Town Officer Holding Two Offices. Except as may be provided otherwise in any case by State law, the Codified Ordinance or other ordinance, the Town Manager may designate any appointive Town office to hold one or more other Town appointive offices concurrently, subject to the right of Council to designate any Town elective officer to hold one or more appointive Town offices concurrently.
(d) Town Elective Officers Not to Hold Other Elective Offices. No Town elective officer shall hold any elective office of the Federal or State government or any elective office of the County or any office which is filled by the electors of a magisterial district or school district.
(e) Oath of Office. All Town officers shall take the following oath, before entering upon their duties, which shall be filed with the Recorder and a certified copy thereof shall be filed in the office of the County Clerk:
“I, name of affiant , do solemnly swear that I will support the Constitution of the United States and the Constitution of the State of West Virginia, and that I will freely, faithfully and impartially discharge the duties of the office upon which I am about to enter to the best of my skill and judgment.”
(f) Conflicts of Interest. No Town officer shall be interested personally, either directly or indirectly, or as a member, manager, officer or stockholder of any partnership, business, firm or corporation, in any contract furnishing material, services or supplies to the Town, or any contractor, or workmen for the Town, or in any manner whatsoever, whereby the taxpayers of the Town shall become paymaster, either directly or indirectly; provided, that this section shall not apply to any such officer who is merely a stockholder of less than five percent (5%) of the stock of any such corporation and is not an officer or director of such corporation. Any violation of this section by any member of Council or by any other Town officer shall be a misdemeanor and, upon conviction thereof, such member or officer shall be fined not more than five hundred dollars ($500.00) and shall automatically be removed from office.
(g) Administration of Oaths. The Mayor, the presiding officer of Council, the presiding officer of any Council committee or of any board, commission or other body of the Town government, and each Town officer, his deputies and assistants, to whom any sworn report, return, certificate or statement, whether oral or in writing, is required to be made or submitted by any person pursuant to any provision of the Codified Ordinances or other ordinance or resolution of Council shall have authority to administer the oath so required, provided, that nothing in this section shall be construed as purporting to authorize the administration of any oath which, by law, is required to be administered by a judicial officer, notary public or other officer authorized by statute to administer oaths, nor shall this section be construed as purporting to authorize the taking of any acknowledgment of any signature or seal for the purpose of recording in the office of the Clerk of the County Court or elsewhere other than in the office of the Recorder or some other officer of this Town.
(h) Authority of Deputies, Assistants and Acting Town Officers.
(1) Authority vested in and duties imposed upon Town officers, by State law, the Codified Ordinances or other ordinances and resolutions of Council may, when they so authorize, be exercised or performed by their deputies, assistants and other subordinates, to the extent not prohibited by State law, the Codified Ordinances or other ordinance or resolution of Council.
(2) When any Town officer or employee is absent or disabled, or when any office or position in the Town government is vacant, the person designated by competent authority to act in the place of such absent or disabled officer or employee or to temporarily hold the vacant office or position shall have the powers and perform the duties of such absent or disabled officer or employee or appertaining to such vacant office or position.
(i) Undue Influence Over Town Employees Prohibited.
(1) The Mayor and Council and its committees, in exercising lawful supervision over those departments, office and agencies of the Town government which are under the supervision and control of the Town Manager, shall deal therewith only through the Town Manager; provided, that in exceptional cases, Council may, by resolution which sets out the reason for such exception, authorize noncompliance with all but the proviso of this subsection.
(2) Neither the Mayor nor any councilman shall attempt to influence any decision or action which by law, the Codified Ordinances or other ordinance, is authorized to be made or taken by the Town Manager or by any officer, employee or agent of the Town whose position and duties are subject to supervision and control by the Town Manager.
(3) Nothing in this section shall be construed to prohibit direct communication between the Mayor or Council and its committees with any officer, employee or agent of the Town with respect to any matter for which such person is whether by law, the Codified Ordinances or other ordinance, responsible directly to the Mayor or to Council.
(1973 Code §2-26 to 2-34; Passed 5-4-23.)