(a) Vacancies. 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 qualified person has not been elected to a position of Councilmember under the provisions of this Charter.
(b) Forfeiture of Office. A Councilmember shall automatically and by operation of law forfeit office if he/she:
(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 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 notice to the Mayor 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.
(c) Removal from Office.
(1) An elected official may be removed from office for official misconduct, neglect of duty or incompetence in accordance with the provisions of section seven, article six, chapter six of the West Virginia Code.
(2) An appointed official, whether serving at-will or for a fixed term, may be removed from office for official misconduct, neglect of duty or incompetence in accordance with the provisions of section eight, article six, chapter six of the West Virginia Code.
(d) Filling of Vacancies. The filling of any vacancy by a qualified candidate shall be by a majority vote of a quorum of Council, taken within sixty (60) days after the occurrence of the vacancy. If membership of Council is reduced to less than a quorum, the remaining members may by majority action appoint additional members.