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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 “The City of St. Albans,” 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.
The City Attorney shall prepare, when directed by the Council, all ordinances for the said City; he shall represent the said City in all matters and proceedings in any court, in which the said City is interested, and do any other thing for the City when requested by the Council.
The Police Judge shall have criminal jurisdiction over the violation of all ordinances of the City, and shall likewise have the criminal jurisdiction therein of a Justice of the Peace. He shall hold Police Court at such times and places as determined by Council. He shall give bond with security to be approved by the Council as required of a Justice of the Peace, for the holding and proper disbursement of all sums which may come to him in his official capacity.
(1) It shall be the duty of the Chief of Police to preserve order and quiet in the City, to see that all subordinate police officers faithfully perform their official duties, and to perform such other duties as may be required of them by the Council. He shall be present in the Police Court whenever the same shall be in session, and see that all its orders and requirements are properly executed; he shall, before entering upon the discharge of his duties, execute a bond conditioned for the faithful performance by him, 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 the Council, in a penalty as the Council may prescribe.
(2) In case a violation of any ordinance of the said City is committed in the presence, or within view of the Chief of Police or other police officer, the offender may be forthwith apprehended and thereafter taken before the Police Judge, and a written complaint under oath, stating such violation there lodged and filed; thereupon such offender may be tried upon warrant issued on such complaint and dealt with according to law. The Chief of Police and other Police officers shall execute within the County of Kanawha, when directed, any proper process issued by the Police Judge in proceedings for the enforcement of ordinances; and shall collect by levy of execution or otherwise, and duly account for, all fines assessed and costs imposed in such proceedings They shall also have all the rights and powers within the said City in regard to the arrest of persons, the collection of claims and execution and return of process, that are or may be lawfully exercised by a constable, and shall be entitled to the same compensation therefor. They and their sureties shall be liable to all fines, penalties and forfeitures, for which a constable is liable, for any dereliction of duty in office, to be recovered in the same manner and in the same courts, that such fines, penalties and forfeitures are recovered against constables. They shall forthwith pay over to the Clerk all fines or sums collected.
(1) The Chief of the Fire Department, other officers and future members of the Fire Department shall be chosen by the members of the Fire Department as they have been chosen prior to the date of the adoption of this Charter, subject to the approval of the Council. It shall be their duty to answer all alarms and to provide fire protection to the City and its residents, and they shall be compensated in such amounts as may be determined by the Council.
(2) In the event that the duties of the Chief of the Fire Department increase, the Council may provide by ordinance for his appointment by the Mayor, subject to the approval of the Council, in a manner similar to other appointed officers of the City. In the further event that it becomes necessary to employ a fireman or firemen, who will devote more than fifty percent of their working hours to such duty, the said fireman or firemen may be appointed by the Chief of the Fire Department as an employee or employees of his department of the City government.
(3) The Chief of the Fire Department and all members thereof may be removed from office for cause, in the same manner as appointed officers or employees of the City, as hereinbefore provided in this Charter.
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