(a) Statement of Policy and Findings.
(1) Council recognizes the importance of providing the highest level of services to our residents within our budgeted means. Council also recognizes that when vacancies occur in budgeted positions it is of the utmost importance to not only fill those positions in a fair and equitable manner with the most qualified candidates but also to fill those positions in as expeditious a manner as possible so that no essential services are interrupted or lessened.
(2) Council also recognizes that, according to §8-5-11 of the West Virginia Code, the power to determine how vacancies are filled is vested exclusively with this Council. To this end Council enacts this section to establish procedures for the filling of vacancies, not previously addressed in these ordinances.
(b) Notice of Vacancy. Once a vacancy is created in any appointed position of the City of Marmet, Council shall be notified immediately by either the Mayor or the Department or Division head. It is preferred that this Notice be made in writing to the City Clerk and said Notice identify the reason for the vacancy and the amount of salary budgeted for the position. If a vacancy occurs and Council is not notified in this manner it may still commence the process for filling said vacancy.
(c) Vacancy Declared. Once an employee has separated from employment with the Town of Marmet, it is within the Council’s purview to declare the vacancy. If Council determines that fiscal prudence dictates that the position not be filled immediately then it may delay filling the position, choose not to fill the position or remove the position from the budget, in its sole discretion. If Council determines that the vacancy will be filled within a reasonable time frame it may authorize the search for qualified candidates. Council may utilize any mode of applicant pool creation it deems advisable. This may include any of the following methods:
(1) A review of applications currently of file;
(2) Advertisement of the position in a newspaper of general circulation in the Marmet area inviting interested applicants to apply;
(3) Advertisement in a trade magazine or journal inviting interested applicants to apply;
(4) Advertisement of the position on a relevant on-line job placement site inviting interested applicants to apply;
(5) Posting the position on a local job board inviting interested applicants to apply, or,
(6) Any other method that the Council deems reasonable depending on existing exigencies.
(d) Review of Applications. Upon receipt of applications, Council may meet as a body and determine the best and most qualified applicant/applicants from the applicant pool. Council may elect to offer the position to the most qualified candidate based on review of the applications only or, Council may choose to interview one or more qualified candidates in order to ascertain the most qualified.
(e) Background Checks/Reference Checks. Council may, if it deems advisable, conduct background and/or reference checks to insure that an applicant meets the requirements of the position. Council may reject any candidate who fails to meet the requirements of a background check.
(f) Council to Determine Fitness and Qualifications of Candidates. Council shall be the sole judge of the fitness and qualifications of any candidate. In exercising this judgment Council may enlist the assistance of department heads in order to develop an understanding of the qualifications and skills needed to perform the duties of the vacant position. Council may also determine what skills, education, training and experience are necessary to fulfill the requirements of the vacant position.
(g) Appointments to be Made by Resolution. Once a prospective employee accepts an offer of employment with the Town of Marmet, Council shall pass a resolution confirming that appointment. This provision shall not apply to temporary appointments not exceeding six (6) months.
(h) Equal Opportunity Employer. The Town of Marmet is an Equal Opportunity Employer and shall not discriminate against anyone on the basis of age, sex, race, creed, national origin, color, disability or any other impermissible category.
(i) No Enforceable Rights. Nothing contained herein shall be construed as giving any prospective employee of the Town of Marmet any contractual rights of employment. Further, all employees of the Town of Marmet are at-will employees and may be terminated for any reason that is not discriminatory under applicable local, state and federal law.