(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 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 written notice to the City Clerk of the absence.
(5) If the Mayor is subject to forfeiture, he/she shall be notified by resolution of Council of said forfeiture. A forfeiting Mayor not voluntarily relinquishing office shall be removed by action of a competent court.
(6) Decisions made by the Council under this section shall be subject to judicial review 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 shall be by a majority vote of a quorum of Council, who within 60 (sixty) days after the occurrence of the vacancy, shall appoint a qualified person to fill the vacancy. If membership of Council is reduced to less than a quorum, the remaining members may by majority action appoint additional members.