Section 5.1.  Eligibility for office and employment in city.  

No person shall hold any elective office of the City unless he has been a resident of the City for at least two years immediately prior to office or prior to the time of his appointment to fill a vacancy.  No person shall hold any elective office unless he is a qualified and registered elector of the City on such last day for filing or at such time of appointment and throughout his tenure of office.  

No person shall be eligible for any elective or appointive office who is in default to the City, or who shall have been found guilty by a competent tribunal of the commission of a felony.  The holding of office by any person who is in such default shall create a vacancy unless such default shall be eliminated within thirty days after written notice thereof has been served upon him by the Council or unless such person shall in good faith be contesting the liability of such default.  

No person shall be eligible for election to office at any regular or special election who is:  

(a)  An appointive officer.  

(b)  An elective officer whose term of office does not expire at 8:00 p.m. on the Monday next following the next regular election unless he shall resign either as an appointive officer, or as an elective officer whose resignation shall be in writing and filed with the clerk at least 120 days before such next regular or special election.  

Each member of a City Board or Commission shall have been a resident of the City for at least 6 months prior to the date of his appointment, and shall be qualified and a registered elector of the City on such day and throughout his tenure of office.  

The Council shall be the sole judge of the election and qualification of its own members.  

All officers of the City shall be United States citizens.  

No elective officer may be appointed to any City office or be employed by the City.  

Section 5.2.  Vacancies in elective offices.  

Any elective city office shall be declared vacant by the council upon the occurrence of any of the following events before the expiration of the term of such office:  

(a)  For any reason specified by statute or by this Charter as creating a vacancy in office.

(b)  If no person is elected to, or qualified for, the office at the election at which such office is to be filled.

(c)  If the officer shall be found guilty by a competent tribunal of any act constituting misconduct in office under the provisions of this Charter.

(d)  If the officer shall absent himself continuously from the City for more than thirty consecutive days in any one year without the permission of the Council.

(e)  In the case of any members of the Council, if such officer shall miss all consecutive regular meetings of the Council for a period of two months, or twenty-five per cent of such meetings in any fiscal year of the City, unless such absences shall be excused by the Council and the reason therefore entered in the proceedings of the Council at the time of each absence.

(f)  If the officer is removed from office by the Council in accordance with the provisions hereinafter set forth.[1]  

Section 5.3.  Vacancies in boards and commissions.  

The office of any member of any board of commission created by, or pursuant to, this charter shall be declared vacant by the Council before the expiration of the term of such office:  

(a)  For any reason specified by statute or by this Charter as creating  a vacancy in office.

(b)  If the officer shall be found guilty by a competent tribunal of any act constituting misconduct in office under the provisions of this Charter.

(c)  If such officer shall miss all consecutive regular meetings of such board or commission for a period of two months, or twenty-five per cent of such meetings in any fiscal year of the city, unless such absences shall be excused by such board or commission, and the reason therefore entered in the proceedings of such board or commission at the time of each absence.

(d)  If the officer is removed from office by the Council in accordance with the provisions hereinafter set forth.  

Section 5.4.  Removal from office.  

Removals by the Council of elective officers or of members of boards or commissions shall be made for either of the following reasons:  

(a)  For any reason specified by statute for removal of City officers by the Governor.

(b)  For any act declared by this Charter to constitute misconduct in office.  

Such removals by the council shall be made only after hearing of which such officer has been given notice by the Clerk at least ten days in advance, either personally or by delivering the same at his last known place of residence.  Such notice shall include a copy of the charges against such officer.  The hearing shall afford an opportunity to the officer, in person or by attorney, to be heard in his defense, to cross-examine witnesses and to present testimony.  If such officer shall neglect to appear at such hearing and answer such charges, his failure to do so may be deemed cause for his removal.  a majority vote of the members of the Council in office at the time, exclusive of any members whose removal may be being considered, shall be required for any such removal.  

Section 5.5.  Resignations.  

Resignations of elective officers and of members of boards and commissions shall be made in writing and filed with the Clerk and shall be immediately acted upon by the Council at its next regular meeting following receipt thereof by the Clerk. Resignations of appointive officers shall be made in writing to the appointing officer or body and shall be acted upon immediately.  

Section 5.6.  Filling vacancies in election[2] offices.  

(a)  Office of Mayor.

      Vacancies occurring in the office of Mayor shall be filled for the balance of the unexpired term of the Mayor by the Mayor Pro Tem, and vacancies occurring in the office of Mayor Pro Tem shall be filled for the balance of the unexpired term of the Mayor Pro Tem by appointment of a member of the council in accordance with Section 4.7 of this charter.  Such appointment shall create a vacancy in the office of councilman for the unexpired term of the office of Mayor.  

(b)  Office of the Justice of the Peace.  [NOTE:  there is no Justice of the Peace so this provision is obsolete.]  

(c)  Office of Council.

      Vacancies occurring in the office of Council for more than one hundred twenty (120) days before the next regular City election shall be filled within thirty (30) days by a majority vote of the remaining members of the Council, said appointee to hold office until the Monday following such election, at which election such vacancies shall be filled as provided in Section 3.6 for any balance of the original unexpired term.  

      Any vacancies which occur one hundred twenty (120) days or less before the next regular City election, shall be filled only at said City election.  

      If any vacancy in the office of Council which the Council is authorized to fill is not so filled within thirty (30) days after such vacancy occurs, or if three or more vacancies exist simultaneously in the office of Council, such vacancies shall be filled for the respective unexpired terms at a special election.  In connection with any special election to fill a vacancy or vacancies in any elective office, no primary election shall be held; candidates shall be nominated by petitions in a manner identical to that provided in Sections 3.8 to 3.11 inclusive; the names of all qualified candidates who file sufficient valid nomination petitions thirty (30) days before each special election shall be certified to the Election Commission and placed on the ballot; and all other provisions of this charter, not inconsistent with this Section 5.6 shall govern.  

      The provisions of this Section 5.6 shall not apply to the filling of vacancies resulting from recall.  

Section 5.7.  Filling vacancies in appointive offices.  

Vacancies in appointive offices shall be filled in the manner provided for making the original appointment.  In the case of members of boards or commissions appointed for a definite term such appointments shall be for the unexpired term.  

Section 5.8.  Residence requirements for full-time administrative appointive officers.[3]

Any administrative assistant officer (Administrator) appointed by the Council pursuant to Section 4.11 of the Charter, if not a resident of the City at the time of his appointment, shall become a resident of the City within one (1) year of the appointment and remain a resident while so serving.  All other full-time administrative appointive officers of the City shall become residents either of the City or of the area within a twenty-mile radius thereof within one (1) year after appointment and remain a resident of said area while so serving.  

Section 5.9.  No change in term of office or compensation.  

Except by procedure provided in this Charter, the terms of Councilman and members of boards or commissions appointed for a definite term may not be shortened or extended beyond the period for which the officer was elected or appointed, except that a Councilman shall, after his term has expired, continue to hold office until his successor is elected or appointed and has qualified.  Where several terms of Councilmen expire simultaneously, the Councilman who was elected by the highest number of votes (or any appointee who filled his position) shall be deemed to be succeeded by the candidate who received the highest number of votes, that Councilman who was elected by the second highest number of votes, by the candidate who receives the second highest number of votes, etc. The Council shall not grant or authorize extra compensation to any officer or employee after the service has been rendered.  

5.10

5.11  [financial conflict of interest]  

Section 5.12.  Anti-nepotism.  

Unless the Council shall by unanimous vote, which vote shall be recorded as part of its official proceedings, determine that the best interests of the City shall be served, the following relatives of any elective or appointive officer are disqualified from holding any appointive office or employment during the term for which said elective or appointive officer was elected or appointed:  spouse, child, parent, grandchild, grandparent, brother, sister, half-brother, half-sister or the spouses of any of them.  All relationships shall include those arising from adoption.  This section shall in no way disqualify such relatives or their spouses who are bona fide appointive officers or employees for the City at the time of the election or appointment of said official.  

Section 5.13.  Oath of office and bond.

Section 5.14.  Surety bonds.

Section 5.15.  Delivery of office.

Section 5.16.  Employee welfare benefits.

Section 5.17.  Civil merit system.

Section 5.18.  Employees retirement system.