(a) If the Mayor, Recorder, or a council member is convicted of treason, any felony, or bribery in any election, before any court, in or out of this state; or is removed from office under the provisions of general law; or ceases to possess or fulfill any of the qualifications of a councilmember as required by Vienna Municipal Code 103.04; or becomes physically or mentally incapacitated to the extent that he or she is unable to properly perform the functions of the office, his or her office shall become vacant at the declaration of Council by Resolution.
(b) A vacancy occurring in the Office of the Mayor, Recorder, or Council shall be filled as follows:
(1) Temporary Replacement.
A. Within thirty (30) days after the occurrence of the vacancy, the Vienna City Council, through the office of the Mayor, shall announce in the same form and manner as is required for noticing council meetings and agendas, the solicitation of applications for candidates.
B. Only those candidates meeting the qualifications set out in Vienna Municipal Code 103.04 (Qualifications for Municipal Office) shall be considered.
C. Solicitation for candidates will be open for a period of fourteen (14) days, including weekends and holidays.
D. All candidates shall be required, as part of the application process, to file a Certificate of Candidacy declaring him or herself to be a candidate, as is required by all candidates who file for public office in the City of Vienna, in the form set out in Vienna Municipal Code Section 103.03(a) and (b).
E. The time restrictions set out in Section 103.03(a) are not applicable to this section for candidates appointed by the governing body to fill an unexpired term but arc applicable to those candidates who are filing for placement on the ballot for the next general county or statewide election.
F. Filing fees for the temporary replacement candidate, as set out in Vienna Municipal Code Section 103.03(d) do not apply to a temporary mayor, recorder or council member replacement.
G. Within seven (7) days of closing the solicitation for candidates, the governing body shall interview each of the candidates in whatever form it deems appropriate and shall appoint one of the candidates, by resolution, to fill the vacancy for the unexpired term until the next general election, or until the completion of the term if the term ends on the 31st day of December following the next general election.
H. The person so appointed shall hold office until his or her successor is elected and qualified.
(2) Placement on General or Primary Ballot Procedure.
A. At the next general election, a Mayor, Recorder, or Council member shall he elected for the unexpired term if the unexpired term is greater than one year.
B. The governing body shall cause a notice of election to be published prior to the election as a Class 11-0 legal advertisement in compliance with the provisions of West Virginia Code. The publication area for the publication shall be the county.
C. Vacancy time period:
1. If a vacancy occurs no later than the eighty-fourth day before the primary election held to nominate candidates to be voted for at the general county or statewide election, at which any vacancy is to be filled, candidates shall file their Announcement of Candidacy Certificate in accord with the provisions and procedures prescribed in Section 103.03 for placement on the primary election ballot.
2. If the vacancy occurs after the eighty-fourth day before the primary but not later than the eighty-fourth day before the general election, candidates shall file their Announcement of Candidacy Certificate between the second Monday of July and on or before 12:00 noon on the first Tuesday of August of an election year, or, if mailed shall be postmarked before that hour, file with the Recorder a certificate declaring him or herself a candidate for the office, which certificate shall be in form or effect as is set out in Section 103.03(a) for placement on the general election ballot.
(Ord. 06-2021. Passed 12-16-21.)