Subject to any limitations imposed by the constitution and general laws of the state, all powers of the City shall be vested in and exercised by the Council, except such powers as are by this Charter specifically vested in the sanitary board and such powers as are by general law vested in the other boards or commissions provided for in this Charter or hereafter created by Council pursuant to general law. No franchise granted by the Council may be transferred in whole or in part without the written consent of Council.
The Council shall appoint a City Manager to serve for an indefinite term, and may at any time remove him/her from office by the affirmative vote of not less than four of its members. At least thirty days before such removal shall become effective, the Council shall adopt a preliminary resolution stating the reasons for his/her removal, and specifying the date on which his/her removal shall become final. At any time within ten days after the adoption of such resolution, upon the written request of the Manager, he/she shall be afforded an opportunity to be heard at a public meeting of the Council, which shall be held no earlier than ten nor later than twenty days after the request was made, and at a time and place to be fixed by Council. After such public hearing if one is requested, after full consideration, the Council by the affirmative vote of four of its members may adopt a final resolution of removal. By the preliminary resolution the Council may suspend the Manager with pay for a period not to exceed thirty days, and may designate some other person to perform the duties of the Manager during the period of his/her suspension.
The City Manager shall be a person of proved executive and administrative ability, preferably with experience and training in the field of City management. At the time of his/her appointment he/she need not be a resident of the City or state, but within six months of his/her appointment to office shall be a West Virginia resident and reside within thirty miles of Shinnston’s municipal boundaries. No Council member, during his/her term and for a year thereafter, shall be eligible for appointment as City Manager.
Neither the Council nor any of its members shall direct or in any manner interfere with or obstruct the appointment or removal of any City officer or employee by the City Manager or by any of his/her subordinates. Except for the purpose of inquiry, the Council and its members shall deal with the administrative service solely through the City Manager and neither the Council nor any member thereof shall give orders to any subordinates of the City Manager, either publicly or privately. If any Council member shall violate the provisions of this section, he/she shall be subject to removal from office pursuant to section seven, article six, chapter six of the official code of West Virginia, as provided by Section 6, Subsection (c) of this Charter.
Except as otherwise provided by this Charter, and within the limitations imposed by the constitution and general laws of the state, the Council may determine the powers and duties of City officers, and subject to the requirements of general law may regulate the number, method of selection, qualifications, tenure, and compensation of City officers and employees, including the establishment of civil service for such employees.
(Ord. passed 12-8-2014)