OF THE CITY OF
ST. ALBANS, WEST VIRGINIA
TABLE OF CONTENTS
EDITOR'S NOTE: The St. Albans Charter was approved by the voters on January 6, 1948. Dates appearing in parentheses following section headings indicate those sections were subsequently amended, added or repealed on the date given.
Sec. 1. Charter Powers and Source of Authority.
Sec. 2. Municipal Powers Generally.
Sec. 3. Corporate Boundaries. (12-21-92)
Sec. 4. Officers and Employees Generally. (4-4-77; 6-6-77)
Sec. 5. Council as Governing Body.
Sec. 6. Eligibility to Office. (11-3-08)
Sec. 7. Declaring Vacancy in Office. (1-20-09)
Sec. 8. Filling Vacancy in Office.
Sec. 9. Removal of Appointed Officers and Employees.
Sec. 10. Salaries of Officers and Employees. (1-23-61; 3-28-69; 1-6-86)
Sec. 11. Powers and Duties of Officers Generally; Officers' Bonds.
Sec. 12. Council Meetings; Quorum, etc.
Sec. 13. Official Records Generally.
Sec. 14. Minutes of Council Meetings.
Sec. 15. Ordinances Required in Certain Cases.
Sec. 16. Ordinance Procedure. (2-16-88)
Sec. 17. Wards Generally.
Sec. 18. Wards and Voting Precincts Established. (11-3-08)
Sec. 19. Elections. (12-19-16; 11-20-23
Sec. 20. Nomination of Officers. (12-19-16; 11-20-23)
Sec. 21. New Parties.
Sec. 22. Qualified Parties.
Sec. 23. Initiative and Referendum.
Sec. 24. Recall.
Sec. 25. Duties of the Mayor and Vice Mayor; Clerk as Acting Mayor;
Mayor Pro Tem.
Sec. 26. Duties of the Manager.
Sec. 27. Duties of the Clerk; Clerk's Bond.
Sec. 28. Qualifications and Duties of the Treasurer; Treasurer's Bond.
Sec. 29. Duties of the City Attorney.
Sec. 30. Jurisdiction, Bond and Duties of the Police Judge.
Sec. 31. Chief of Police and Police Officers.
Sec. 32. Fire Department.
Sec. 33. Health Commissioner and Board of Health.
Sec. 34. Qualifications and Duties of the Engineer.
Sec. 35. Library Board.
Sec. 36. Park Board.
Sec. 37. Sewer Board.
Sec. 38. New Additions and Subdivisions.
Sec. 39. Public Ways.
Sec. 40. Taxation.
Sec. 41. Claims Against the City.
Sec. 42. Immunity of Elective Officers.
Sec. 43. Public Improvements.
Sec. 44. Severability.
CHARTER
OF THE CITY OF
ST. ALBANS, WEST VIRGINIA
The inhabitants of the present City of St. Albans, as incorporated by Chapter 118 of the Acts of the West Virginia Legislature, 1917, regular session, as amended by Chapter 27 of the Acts of the West Virginia Legislature, 1921, and as further amended by Chapter 81 of the Acts of the West Virginia Legislature, 1931, and acting pursuant to the "Municipal Home Rule Amendment" to the Constitution of the State of West Virginia, Article 6, Section 39(a), together with the enabling act thereof, known as the "Municipal Home Rule Law, being Chapter 56 of the Acts of the West Virginia Legislature, 1937, as amended by Chapters 44 and 89 of the Acts of the West Virginia Legislature, 1941, do hereby declare this instrument to be the Charter of the said City of St. Albans, and do hereby annul and revoke the former charter, with amendments and annul and revoke all ordinances, resolutions and other acts of the common council of the City of St. Albans, in conflict herewith, subject to the provisions of section 14, article 2, Chapter 8A of the Code of West Virginia, as amended in 1937.
The City of St. Albans shall be vested with all powers inherent to cities adopting the "Municipal Home Rule Law," as now enumerated in the Code of West Virginia, 1931, and the amendments thereto, as well as all powers which may be hereafter granted by the legislature of the State of West Virginia, together with all other powers herein set out; provided, however, that subsequent amendments to the Municipal Home Rule Law, which may be hereinafter enacted by the legislature of the State of West Virginia, shall not affect and be binding upon the City of St. Albans until and unless such amendments, or any part thereof, are accepted by the Council of the City of St. Albans, by ordinance duly adopted.
The officers of the City shall be a Mayor and a Council of twelve members. The City shall also have as employees, but not as officers, an Attorney, Police Judge, Chief of Police, Chief of the Fire Department, Health Commissioner and Engineer. The Mayor and Councilmen shall be elected by the qualified voters of the City as hereinafter provided for terms of four years, or until their successors are elected or appointed, and qualify. The Mayor shall be the administrative authority, and he shall appoint the Clerk, Treasurer, Attorney, Police Judge, Chief of Police, Health Commissioner and Engineer, subject to approval of the Council. The Clerk, Treasurer, Police Judge, Chief of Police, Health Commissioner and Engineer may, upon the order of the Mayor, employ and discharge all employees in the respective divisions of the City government. Should the Council fail to approve any appointment by the Mayor at the next regular Council meeting following the appointment, the officer so appointed shall receive no compensation for his services thereafter, and the office shall be automatically vacated. Should the Mayor fail or refuse to appoint a suitable person to any office, and such failure or refusal continue for two consecutive regular Council meetings, the Council may, at the third meeting, fill the office without the approval of the Mayor.
(4-4-77; 6-6-77)
The Council shall be the governing body of the City, and all of the corporate powers of the City shall be invested in and exercised by the Council, unless herein otherwise stated, or delegated by ordinance. The Mayor shall be the presiding officer at all meetings of the Council; in the event of his absence, the Vice-Mayor, hereinafter provided for, shall be the presiding officer. In the event of the absence of both the Mayor and Vice-Mayor, the Council shall, at each meeting, select one of its members to preside over its meeting. The Mayor, Vice-Mayor or other presiding officer shall have the right to vote only in the case of a tie vote. A majority vote of those present at any meeting of the Council shall be decisive, except where a different vote is provided herein.
At the first meeting of the Council following its election, it shall choose, from among its members a Vice-Mayor, who shall have a vote as any other Councilman, unless he is acting as the presiding officer, and whose duties are herein set out. He shall serve as Vice-Mayor for the remainder of his term as Councilman, unless he resigns or be removed from office.
No person shall be eligible to any elective office unless he resides in the City. No person shall be eligible for the office of Councilman, representing a particular ward, unless he resides in the said ward. The eligibility of any person to any office, or to retain and hold the same, shall be determined under the general law of the State of West Virginia, except as herein otherwise provided. (11-3-08)
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