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(1) Candidate Filing Period: Not earlier than second Monday in January and not later than last Saturday in January preceding primary election, candidates for nomination or election in the Primary Election must file certificates of announcement of candidacy and filing fee with:
The City Clerk of the City of St. Albans.
(2) Hours for in-person Filing: Regular business hours of the Clerk during the year of the primary election. The final day, the last Saturday of January, shall be 9:00 a.m. to Noon at the City Clerk's Office.
(3) Mailed Certificate of Announcement Deadline: Must be postmarked by the U.S. Postal Service before midnight E.S.T. on the last Saturday of January in the election year.
Candidates unable to pay filing fee must provide an oath stating he or she is unable to pay fee due to lack of financial resources and receive in-lieu-of-filing-fee petition forms and instructions on gathering signatures. Candidates shall file petitions with required number of signatures by the close of filing on the last Saturday of January in the election year. (Ord. 2023-11. Passed 11-20-23.)
A new party may place candidates for any office upon the ballot at the general election by filing a petition therefor, signed by at least ten (10%) percent of the registered voters on the date of the last preceding regular municipal election, and containing the names of the candidates for such offices, with the Clerk at least twenty days prior to the date set for such general election, and paying the proper filing fees therefor. If any candidate of such new party for the office of Mayor receives more than ten percent of the votes cast for all candidates for his office, the new party shall be established as a qualified political party at the next municipal election. If the candidate for Mayor of any party fails to poll more than ten percent of the votes cast for all candidates for that office at any general election, such party shall be dropped from the ballot at the next municipal election, unless placed on the ballot by petition as a new party.
At the date of the adoption of this Charter, two parties shall be considered as the qualified parties in the next municipal election, to-wit; the peoples party and the citizens party. Any other party may be placed on the ballot by petition, as provided in this Charter.
(1) Upon petition, signed and dated in their own handwriting by not less than ten percent of all of the registered voters in the City, any matter which is the proper subject of one ordinance, as set out in this Charter, shall be submitted to the Council in the manner hereinafter provided, which the Council shall either adopt without alteration, or refer to a vote of the people, without alteration.
(2) Such petition shall not be circulated by any officer of the City; the office of any officer so doing shall be forthwith vacated as the penalty therefor.
(3) Such petition shall contain the residence address of each signer, and shall be filed with the Clerk within sixty days from the date the first signature was affixed thereto.
(4) Within fifteen days next following such filing, a committee, composed of the Clerk, one member appointed by the Mayor, and two members chosen by the Council, shall determine by careful examination, the sufficiency or insufficiency of such petition, and shall report its findings to the Council in a certificate signed by a majority of the members thereof, dated and attached thereto. If such petition be found insufficient, the particulars of such insufficiency shall be stated in such certificate. The petition may be amended within ten days from the date of such certificate, and refiled with the Clerk; provided, however, that any petition may be refiled only once. Upon finding such petition sufficient the committee shall so state in its certificate, signed by a majority of the members thereof, and shall submit the petition, with the attached certificate, to the Council at its next regular meeting. The finding of the committee shall not be final until approved by the Council.
(5) The proposed ordinance contained in such petition shall be passed without alteration by the Council, or shall be submitted, without alteration, by the Council to the voters in the City, within sixty days from the date of its filing with the Clerk. If a regular election is to be held within ninety days from the date of the action of the Council, such ordinance shall be voted upon at such election; if such regular election is not to be held within ninety days from the date of the action of the Council, then the Council shall forthwith call a special election, to be held within sixty days thereafter.
(6) Notice of the vote on such ordinance, at either a regular or special election, shall be given for at least thirty days prior to such election. Such notice shall set out the ordinance verbatim, shall state the date and time of the election, the form of ballot to be used, and such other pertinent matter as the Council may determine or as may be required in the petition. Such notice shall be published, once each week for four successive weeks, in two newspapers of general circulation in the City, if such there be, and shall be posted at some prominent and public place in each voting precinct in the City, at least thirty days prior to the election.
(7) Not more than one special election may be called in any period of six months.
(8) Such ordinance, if adopted by a majority of the persons voting at the election therefor, shall go into effect on the tenth day following its adoption, unless otherwise therein provided. Such ordinance shall not be altered or repealed within six months from its effective date, by the Council, nor thereafter except by vote of two-thirds of all members of the Council. The Council may submit the question of the amendment or repeal of such ordinance to the voters at any regular election, or at a special election called for that purpose, after notice thereof has been given as hereinabove provided.
(1) Upon petition, signed and dated in their own handwriting by not less than twenty percent of all of the registered voters in the City, an elective officer of the City may be recalled.
(2) Such petition shall not be circulated by any officer of the City; the office of any officer so doing shall be forthwith vacated as the penalty therefor.
(3) Such petition shall contain the residence address of each signer, and shall be filed with the Clerk within sixty days from the date the first signature was affixed thereto.
(4) Within fifteen days next following such filing, a committee, composed of the Clerk, one member appointed by the Mayor, and two members chosen by the Council shall determine by careful examination, the sufficiency or insufficiency of such petition, and shall report its findings in a certificate signed by a majority of the members thereof, dated and attached thereto. If such petition be found insufficient, the particulars of such insufficiency shall be stated in such certificate. The petition may be amended within ten days from the date of such certificate, and refiled with the Clerk; provided, however, that any petition may be refiled only once. Upon finding said petition sufficient, the committee shall so state in its certificate, signed by a majority of the members thereof, and shall submit the petition, with the attached certificate, to the Council at its next regular meeting. The finding of the committee shall not be final until approved by the Council.
(5) Within sixty days after such petition is filed with the Clerk, the Council shall provide for the nomination of candidates for the office in question, by a special primary election, and shall set the date for such nomination primary, to be within ninety days after such petition is filed with the Clerk. Any qualified person may become a candidate for such office filing therefor with the Clerk, as for any other elective office in the City. The incumbent, unless he withdraws his candidacy in writing, shall be considered a candidate for re-election to such office, and his name placed on the ballot at the general election. The candidate receiving the highest number of votes in each party at the primary election shall run against the incumbent; if the incumbent withdraws, the candidates for each party receiving the highest number of votes in the primary shall oppose each other. If the incumbent receives the highest number of votes, he shall continue in office. If another candidate receives the highest number of votes, he shall, upon qualifying within ten days thereafter, succeed the incumbent in the office and hold the office for the unexpired term.
(6) No such recall election shall be held until the officer sought to be recalled has been in office for a period of six months, and only one such election shall be held with respect to an officer during his term of office.
The Mayor shall be chief executive officer of the City. He shall see, except as is herein otherwise provided, that the laws and ordinances of the City are enforced; that the peace and good order of the City are preserved and that persons and property therein are protected, and he shall perform such other duties and services as the Council may ordain or as provided by law, in addition to the duties prescribed in this Charter and not inconsistent herewith. He shall, from time to time recommend to the Council such measures as he may deem needful for the welfare of the City. In the absence of the Mayor, or should he not be able to perform his official duties, the Vice- Mayor shall perform any and all duties of the Mayor. In the absence of both the Mayor and the Vice-Mayor, or should they both be not able to perform their official duties, the Clerk shall perform any and all duties of the Mayor except that of presiding over the Council. If the Mayor, Vice-Mayor and the Clerk are all absent from the City or otherwise disabled from performing the duties of the Mayor, the Council may elect a Mayor Pro Tempore.
The Manager shall have general supervision over the streets, alleys, sidewalks, other public ways, drains, sewers and other improvements of the said City and of the construction, repair and maintenance thereof; he shall see that the streets are properly lighted, pursuant to contract. He shall investigate all applications for new streets, alleys, sidewalks, other public ways, drains and sewers and report to the Council his recommendation in regard thereto. He shall supervise, protect, maintain and repair all of the buildings and other property, real and personal, belonging to the said City and all of the equipment used by the Fire Department, and shall provide for the proper heating, cleaning and lighting of City buildings. He shall perform such other duties as may be delegated to him by the Mayor, subject to the approval of the Council, or as may be required of him by the Council.
(1) The Clerk shall keep a journal of the proceedings of the Council, and have charge of and preserve the records, papers, contracts and other documents belonging to the City; he shall attend the sessions of the Police Court, keep an accurate record of its proceedings, and all judgments shall be entered by him, within twenty-four hours after the same are rendered. He shall, in cases of sickness or disability of the Mayor and Vice Mayor, or in case of their absence from the City, or during any vacancy in the office of the Mayor, and Vice Mayor perform the duties of the Mayor, except as herein otherwise provided, and shall be vested with all the powers necessary for the performance of such duties; he shall also perform such other duties pertaining to the fiscal affairs of the City, or otherwise, as may be required of him by this Charter or by the Council.
(2) The Clerk shall collect and receive all taxes, assessments, fines and costs, and other money due to the City from any source, and shall receipt for the same. He shall keep an accurate account of all moneys paid to him for the use of said City, showing under separate accounts the amounts received for the account of taxes, sewer purposes, street pavements, licenses and other bills due to the City, fines and costs and of other matters pertaining to his office, which books shall at all times be open to the inspection of the Council, or to any committee appointed by it for such purposes; he shall pay over promptly all money which he may receive, within five days after the receipt thereof, into the hands of the Treasurer of the said City, showing an itemized statement of the several funds included in said payment, and taking the Treasurer's receipt therefor. He shall keep his office in the City Building, unless otherwise ordered by the Council and shall keep his office open for the transaction of business during the usual business hours, and as may be directed by the Council; he shall on or before the first day of January and July of each year and oftener, if directed by the Council, present to the Council a full, complete and detailed statement of all money with which he is chargeable, or that has been received by him from all sources up to that time, together with a statement of all money paid to the Treasurer and receipted for; and he shall at such times return a list of all taxes, levies, assessments and other claims in his hands for collection which he shall not have been able to collect by reason of insolvency, removal, or other cause, to which list he shall append an affidavit that he has used due diligence to collect the several items therein mentioned, but has been unable to do so. He shall, upon the expiration of his term of office, or upon the order of the Council, turn over to his successor all money, books of account and other property of the said City in his possession.
(3) The Clerk of the said City, before entering upon the discharge of his duties, shall execute a bond, conditioned for the faithful performance of the duties of his office, and for the accounting for and paying over, as required by law, all money which may come into his hands by virtue of his office, with sureties satisfactory to Council, payable to βThe City of St. Albans,β in a penalty to be fixed by the Council sufficient to indemnify the City against any loss as the Council may prescribe. He shall be custodian of all bonds, notes, certificates and other evidences of indebtedness to the City, together with all valuable papers which may be placed in his possession by the Council, except that the bond of the Clerk shall be deposited with the Mayor.
(4) If the Clerk shall fail to account for, and pay over to the Treasurer of said City, any or all of the money with which he may be chargeable, belonging to the said City, according to the conditions of his bond and orders of the Council it shall be lawful for the Council to recover the same by action or by motion, upon ten days notice in the corporate name of the City, in the Circuit Court of Kanawha County, against him and his sureties or any or either of them, or his or their executors or administrators.
The Treasurer may be a citizen of the said City, or a bank or a trust company located therein. All money due the City shall be paid to the Clerk, and be by the Clerk deposited with the Treasurer. The money deposited with the Treasurer shall be disbursed only upon orders drawn against the same, signed by the Mayor and countersigned by the Clerk. The Treasurer shall receipt to the Clerk for all money paid by him and shall keep regular books of account, showing the amount of the several funds paid or deposited with the Treasurer by said Clerk, and shall make report to the Council once each month, or at such times as the Council may direct, showing the receipts and disbursements of the funds of the City; and the Treasurer shall produce his books and accounts to the Council or any committee of the same for inspection, upon the order of the Council. The Treasurer, if an individual, shall give bond, with security and in an amount to be approved by the Council, with condition that the said Treasurer shall account for and pay over all money received for the account of the said City, as may be directed by the Council.
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