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.
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
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.
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.