CHAPTER 6
GENERAL PROVISIONS REGARDING OFFICERS AND PERSONNEL OF THE CITY
Eligibility for Office and Employment in City:
   Section 6.1.  No person shall hold any elective office of the City unless he has been a resident of the City for at least one year immediately prior to the last day for filing original petitions for such office, or prior to the time of his appointment to fill a vacancy, nor shall any person be eligible to hold an elective office of the City if he shall have been convicted of a felony. No person shall hold any elective office unless he is a qualified and registered elector of the City on such last day for filing or at such time of appointment and throughout his tenure of office.
   Ward Commissioners must be residents of the ward immediately prior to the last day for filing original petitions for such office.
   No person shall be eligible for any elective or appointive city office who is in default to the city. The holding of office by any person who is in such default shall create a vacancy unless such default shall be eliminated within thirty (30) days after written notice thereof by the Commission or unless such person shall in good faith be contesting the liability for such default.
   Each candidate for elective office shall file with his petition his affidavit that he possesses the qualifications for such office provided in this section. Failure to file such affidavit shall invalidate his petition.
   Each member of a city board or commission shall have been a resident of the city for at least one year prior to the date of his appointment and shall be a qualified and registered elector of the city on such day and throughout his tenure of office.
Vacancies in Elective Offices:
   Section 6.2.  Any elective city office shall be declared vacant by the Commission before the expiration of the term of such office:
   (a)   For any reason specified by statute or by this Charter as creating a vacancy in office;
   (b)   If no person is elected to, or qualified for, the office at the election at which such office is to be filled;
   (c)   If the officer shall be found guilty by a competent court of any act constituting misconduct in office under the provisions of this Charter;
   (d)   In the case of any member of the Commission, if such officer shall miss four consecutive regular meetings of the Commission or twenty-five per cent of such meetings in any fiscal year of the city, unless such absence be excused by the Commission and the reason therefor entered in its proceedings at the time of each absence;
   (e)   If the officer is removed from office by the Commission in accordance with provisions of Section 6.4.
Vacancies in Boards and Commissions:
   Section 6.3.  The office of any member of any board or commission created by, or pursuant to, this Charter shall be declared vacant by the Commission before the expiration of the term of such office:
   (a)   For any reason specified by statute or by this Charter as creating a vacancy in office;
   (b)   If the officer shall be found guilty by a competent court of any act constituting misconduct in office under the provisions of this Charter;
   (c)   If such officer shall miss four consecutive regular meetings of such board, or commission or twenty-five per cent of such meetings in any fiscal year of the city, unless such absence shall be excused by such board or commission and the reason therefor entered in the proceedings at the time of each absence;
   (d)   If the officer is removed from office by the Commission in accordance with the provisions of Section 6.4.
Removals from Office:
   Section 6.4.  Removals by the Commission of elective officers or of members of boards or commissions shall be made for either of the following reasons: (a) for any reason specified by statute for removal of city officers by the Governor, (b) for any act declared by this charter to constitute misconduct in office. Such removals by the Commission shall be made only after hearing of which such officer has been given notice by the Clerk at least ten days in advance, either personally or by delivering the same at his last known place of residence. Such notice shall include a copy of the charges against such officer. The hearing shall afford an opportunity to the officer, in person or by attorney, to be heard in his defense, to cross-examine witnesses and to present testimony. If such officer shall neglect to appear at such hearing and answer such charges, his failure to do so may be deemed cause for his removal. A majority vote of the members of the Commission in office at the time, exclusive of any members whose removal may be being considered, shall be required for any such removal.
Resignations:
   Section 6.5.  Resignations of elective officers shall be made in writing and filed with the Clerk and shall be acted upon by the Commission at its next regular meeting following receipt thereof by the Clerk. Resignations of officers appointed by the Commission shall be made in writing to the Commission. All resignations shall be immediately acted upon.
Filling Vacancies in Elective Offices:
   Section 6.6.  (a) Any vacancy which occurs in the Commission more than sixty days before the next regular city election shall be filled within thirty days by a majority vote of the remaining members of the Commission, said appointee to hold office until the Monday following such election, at which election such vacancy shall be filled for any balance of the unexpired original term.
      Any vacancy which occurs in the Commission sixty days or less before the next regular city election shall not be filled.
   (b)   If any vacancy in the office of the Commissioners which the Commission is authorized to fill is not so filled within thirty days after such vacancy occurs, or if four or more vacancies exist simultaneously in the office Commissioner such vacancies shall be filled for the respective unexpired terms at a special election. In connection with any special election to fill a vacancy or vacancies in any elected office; candidates shall be nominated by petitions in a manner identical to that provided in Chapter 4; the names of all qualified candidates who file sufficient valid nominating petitions thirty days before such special election shall be certified to the Election Commission and placed on the ballot; and all other provisions of this Charter, not inconsistent with this Section 6.6 shall govern. January 9, 2013
   (c)   The provisions of this Section 6.6 shall not apply to the filling of vacancies resulting from recall.
Editor’s note:
   This section was by amended by city election on August 8, 2000.
Filling Vacancies in Appointive Offices:
   Section 6.7.  Vacancies in appointive offices shall be filled in the manner provided for making the original appointment.
Filling Vacancies in the Office of the Justice of the Peace:
   Section 6.8.  (a) Vacancies in the office of Justice of the Peace occurring 120 days or more before any regular city election, shall be filled by appointment by a majority vote of the members of the Commission then in office for a term expiring on the Monday following the next regular city election. At such election such vacancy shall be filled for the unexpired term of office through the regular election procedure as provided in Chapter 4 and the Justice so elected shall lake office on the Monday following such election.
   (b)   Vacancies in the office of Justice of the Peace occurring less than 120 days before any regular city election shall be filled by appointment by a majority vote of the members of the Commission then in office for a term expiring on the Monday following the next succeeding regular city election. At such election such vacancy shall be filled for the unexpired term of office through the regular election procedure as provided in Chapter 4 and the Justices so elected shall take office on the Monday following such election.
   (c)   The provisions of this Section 6.8 shall not apply to the filling of vacancies resulting from recall.
Change in Term of Office or Compensation:
   Section 6.9.  Except by procedures provided in this Charter, the terms of office of the elective officers and of members of boards and commissions appointed for a definite term shall not be shortened. The terms of elective officers shall not be extended beyond the period for which any such officer was elected except that an elective officer shall, after his term has expired, continue to hold office until his successor is elected or appointed and has qualified.
   The Commission shall not grant or authorize extra compensation to any officer or employee after his service has been rendered. The salary of any elective officer shall not be increased or decreased from the day he is elected until the end of the term of office for which he was elected.
Oath of Office and Bond:
   Section 6.10.  Every officer, elective or appointive, before entering upon the duties of his office, shall take the oath of office prescribed for public officers by the Constitution and shall file the oath with the Clerk, together with any bond required by statute, this charter or by the Commission. In case of failure to comply with the provisions of this section within ten days from the date he is notified in writing of his election or appointment, such officer shall be deemed to have declined the office and such office shall thereupon become vacant unless the Commission shall by resolution extend the time in which such officer may qualify.
Surety Bonds:
   Section 6.11.  Except as otherwise provided in this Charter, all officers of the city whose duties involve the custody of public property or the handling of public funds, either by way of receipt or disbursement or both, and all other officers and employees so required by the Commission shall, before they enter upon the duties of their respective offices, file with the city an official bond, in such form and amount as the Commission shall direct and approve. Such official bond of every officer and employee shall be conditioned that he will faithfully perform the duties of his office, and will on demand deliver over to his successor in office, or other proper officer or an agent of the city, all books, papers, moneys, effects and property belonging thereto, or appertaining to his office, which may be in his custody as an officer or employee; and such bonds may be further conditioned as the Commission shall prescribe. The official bond of every officer whose duty it may be to receive or pay out money, besides being conditioned as above required, shall be further conditioned that he will, on demand, pay over or account for to the city, or any proper officer or agent thereof, all moneys received by him as such officer or employee. The requirements of this paragraph may be met by the purchase of one or more appropriate blanket surely bonds covering all, or a group of, city employees and officers.
   All official bonds shall be corporate surety bonds and the premium thereon shall be paid by the city. The Clerk shall be custodian of all the bonds of all officers or employees, except that the Treasurer shall be custodian of any bonds pertaining solely to the Clerk.
Delivery of Office:
   Section 6.12.  Whenever any officer or employee shall cease to hold such office or employment for any reason whatsoever, he shall within five days, or sooner on demand, deliver to his successor in office or to his superior all the books, papers, moneys and effects in his custody as such officer or employee. Any officer violating this provision may be proceeded against in the same manner as public officers generally for a like offense under statute. Any employee found guilty of violating this provision by a competent tribunal may be punished by a fine of not to exceed five hundred dollars or imprisonment for not to exceed ninety days, or both, in the discretion of the court.
Compensation of Employees and Officers:
   Section 6.13.  (a) The compensation of all employees and officers of the city whose compensation is not provided for herein shall be fixed by the appointing officer or body within the limits of budget appropriations and in accordance with any pay plan adopted by the Commission.
   (b)   The respective salaries and compensation of officers and employees as fixed by, or pursuant to, this charter shall be in full for all official services of such officers or employees und shall be in lieu of all fees, commissions and other compensation receivable by such officers or employees for their services.
Such fees, commissions and compensation shall belong to the city and shall be collected and accounted for by such officers and employees, and be paid into the city treasury and a statement thereof filed periodically with the City Manager. The provisions of paragraph (b) of this section shall not apply to fees, commissions or other compensation paid by the County of Mason to any officer or employee serving as a city representative on the Board of Supervisors.
   (c)   Nothing contained in this section shall prohibit the payment of necessary bona fide expenses incurred in service in behalf of the city.
Employee Welfare Benefits:
   Section 6.14.  The Commission shall have the power to make available to the administrative officers and employees of the city and its departments and boards any recognized standard plan of group life, hospital, health, or accident insurance either independently of, or as a supplement to, any retirement plan provided for said officers and employees.
Merit System:
   Section 6.15.  The Commission may provide for a merit system for city employees.