SECTION 4 . OFFICERS AND EMPLOYEES GENERALLY.

   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)

SECTION 5 . COUNCIL AS GOVERNING BODY.

   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.

SECTION 6 . ELIGIBILITY TO 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)

SECTION 7 . DECLARING VACANCY IN OFFICE.

   The office of the Mayor, or any Councilman, who is absent from the meetings of the Council for three consecutive regular meetings, or six meetings in a one year period, unless such absence is due to illness or injury certified to in writing by a reputable physician, may be declared vacant by a majority vote of the Council at the next regular meeting thereafter. The office of the Mayor, or any Councilman at large, who moves his or her residence out of the corporate limits, or of any Councilman not elected at large, who moves his or her residence out of the limits of his ward, shall be declared vacant by the Council as soon as such removal is brought to its attention; provided, however, that should the boundaries of any ward be changed by action of the Council or by vote of the people, any Councilman whose residence may be affected thereby, shall complete the term for which he or she was elected.

(1-20-09)

SECTION 8 . FILLING VACANCY IN OFFICE.

   A vacancy in the office of Mayor or Councilman, resulting from any cause, shall be filled by the Council within three months thereafter; such Mayor and Councilman, so chosen by the Council, shall hold office for the unexpired portion of the original term.

SECTION 9 . REMOVAL OF APPOINTED OFFICERS AND EMPLOYEES.

   Any appointed officer or any employee of the City may be removed from office for official misconduct, incompetence, neglect of duty, or gross immorality. After receiving charges or grounds, filed in writing by any person, the Council may forthwith suspend such officer or employee for a period of thirty days. A copy of such charges or grounds shall be forthwith served upon the individual concerned in the manner provided by the statutes of West Virginia, for the service of notices. Such person shall have ten days from the date of such service in which to file a reply in writing with the Clerk. Such person may, in the reply, request a public or private hearing by the Council. The date for such hearing shall be set by the Clerk at any reasonable time, not less than twenty nor more than forty days after the date of service above referred to, at which hearing, such person may be represented by counsel. All persons testifying at such hearing shall do so under oath, administered by the Mayor, Clerk or any Councilman. Such hearing may be continued for not more than a total of thirty days, by the Mayor, for due cause, at the request of any interested person or any City official. After such hearing, which shall be constituted a special meeting of the Council, the said Council, by a two-thirds vote of all of its members, may adopt a final resolution of removal, whereupon such person shall be deemed removed from office or employment, whether his successor be appointed and qualify, or not. If such officer or employee be suspended by the Council and be removed, he shall receive no compensation from the date of such suspension; if suspended and not removed, he shall receive his usual compensation from the date of such suspension; if not suspended, but removed, he shall receive his usual compensation up to the date of the vote by the Council to remove, and not thereafter. When paid in full, as hereinabove provided, the liability of the City to such person under his contract of employment shall be terminated. The City shall not be subject to any suit for libel or other damage, nor shall any officer or employee of the City be subject to any suit for libel, slander or other damage, as a result of any charges or grounds filed in writing, or any testimony given in such proceeding, whether the person is removed or not. Nothing herein contained or elsewhere contained in this Charter, is intended to restrict or prevent any office of the City or of the Council, to lay off, furlough or otherwise remove from employment, any employee of the City because of shortage of funds, reduction in work, seasonal or otherwise, or because of the abolishment of a job.

SECTION 10 . SALARIES OF OFFICERS AND EMPLOYEES.

   Each Councilman shall be paid a salary of six hundred dollars per year, effective July 1, 1969. Council shall hereafter, by ordinance, fix the salaries of the Councilmen, which salaries shall never be less than six hundred dollars per year, nor more than twelve hundred dollars per year and shall be uniform as to each Councilman. The salaries of the Councilmen shall not be raised or lowered during their terms of office, but at any subsequent term, may be raised or lowered at any time, except during the period of forty days preceding the next general municipal election.

   The Mayor shall receive a salary to be fixed by the Council, which salary shall never be less than twelve hundred dollars per year. The salary of the Mayor shall not be raised or lowered during his term of office, but the salary of the Mayor for any subsequent term may be raised or lowered by the Council at any time, except during the period of forty days preceding the next general municipal election.

   The salaries of the Mayor and Councilmen shall be paid in regular monthly or semi- monthly installments as determined by the City Clerk-Treasurer. The salary or compensation of all appointive officials shall be determined by the Mayor with the approval of the Council and the wages or compensation of all employees shall be determined by the officers heading the respective departments, with the approval of the Council.

(1-23-61; 3-28-69; 1-6-86)

SECTION 11 . POWERS AND DUTIES OF OFFICERS GENERALLY; OFFICERS' BONDS.

   The Council shall prescribe the powers and define the duties of all officers, except so far as the same are by this Charter defined, and may require and take from them respectively, bonds payable to the City in its corporate name, with such securities and in such penalties as may be deemed proper, conditioned for the faithful performance of their duties.

SECTION 12 . COUNCIL MEETINGS; QUORUM, ETC.

   The Council shall fix the place and time for holding its regular meetings, one of which shall be held each month; may provide for special and adjourned meetings; shall have power to compel the attendance of its members; and may prescribe rules and regulations not inconsistent with the provisions of this Charter, for the transaction of business and for its own guidance and government. A majority of the Council elected shall be necessary to constitute a quorum for the transaction of business. Upon call of any member, the yeas and nays on any question shall be taken and recorded in the Council Record. No member of the Council shall vote upon, or take part in the consideration of any proposition in which he is or may be interested otherwise than as a resident of the City. It is recommended that each meeting of the Council be opened by a prayer.