SECTION 5.02   QUALIFICATION.
   Council members shall be qualified electors of the City and shall hold no other elected or appointed public office except that of notary public, of a member of the State Militia or Reserve Corps of the Armed Forces of the United States unless call to full-time military service therein for a period exceeding thirty consecutive days, and a member of the City Board of Health by appointment made pursuant to Section 8.06 of this Charter.  For purposes of this section of the Charter, the general test for determining whether a particular position is a public office shall include the following criteria:  Durability of tenure, oath, bond, emoluments, and independency of the functions exercised by the appointee, and the character of the duties imposed upon him.  While an oath, bond and compensation are usually elements in determining whether a position is a public office, they are not always necessary.  The chief and most decisive characteristic of a public office is determined by the quality of the duties with which the appointee is invested, and by the fact that such duties are conferred upon the appointee by law.  If official duties are prescribed by statute, and their performance involves the exercise of continuing, independent, political or governmental functions, then the position is a public office.  No other public official elected or appointed shall be eligible except those persons employed as public school or college employees or those persons employed as a subordinate to a public official either appointed or elected.  No person shall be eligible for election to the Council as a candidate from a ward if said person is not at the time of nomination and of election a resident of such ward.  No person shall serve as a member of Council unless during such term of office said individual shall continue to be a resident and a qualified elector of the City, and if elected or appointed from a ward, shall be and continue to be a resident of that ward. 
(Amended 11-7-95)