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county shall from time to time so arrange the election precincts in said county, as to make the above named precincts, or any changes or rearrangements thereof, election precincts respectively of said county. And the commissioners of election for the first election to be held hereunder shall be appointed by council before the eighth day of March, one thousand nine hundred and seven. Special election for any purpose must be authorized by the council, concurred in by the board of affairs as herein provided, and called by the mayor. Notice of all special elections must be given by publication in two newspapers of opposite politics of general circulation published in the city of Charleston, at least thirty days before the date fixed for such special election, and by posting such notice in such manner as the council may prescribe. The common council shall sit on the fifth day, Sunday excepted, after every election as a board of canvassers, each member of council having one vote; and as such board of canvassers, they shall canvass, ascertain, publish and declare the result of any election held; and the circuit court of Kanawha county shall have power to control proceedings of said board of canvassers by mandamus and prohibition. The said board shall keep in a separate book a record of its proceedings and shall take down and record any evidences, motions or paper filed or offered by any candidate, which book and record shall be open to the public and shall be kept in the custody of the recorder.
Election of Officers.
See. 14. On the third Monday in March, one thousand nine hundred and seven, and on the same day in every succeeding two years, there shall be elected by the qualified voters of the city a mayor, recorder and treasurer, who shall hold their offices from the first of April succeeding in the year in which they are elected, and until their successors are elected and qualified.
Sec. 15. No person shall be eligible to the office of mayor, recorder, treasurer or councilman except citizens entitled to vote at the election at which they are elected, and no person shall be elected to such office or retain and hold the same who shall be or become an officer or employee of any person, firm or corporation holding any franchise or contract under or with said city.
Sec. 16. At the first election held under this act one councilman shall be elected from each ward of said city as constituted under this act, except that in each of the first, fifth, seventh and tenth wards two councilmen shall be elected, and in the sixth ward no councilman shall be elected. One of the councilmen so elected in each of said first, fifth, seventh and tenth wards shall hold his office for the term of one year and the other councilmen so elected from each of said wards shall hold their office for the term of two years, to be determined by lots to be drawn at the first meeting of the council held after the first day of April, one thousand nine hundred and seven. At each annual election thereafter ten councilmen, that is to say, one from each ward, shall be elected by the qualified voters thereof for the term of two years from the first day of April following their election; provided, however, that the councilmen serving shall continue to represent as such councilmen the ward as constituted by this act in which they were elected and now reside, and shall hold their office until their respective terms expire, and, provided, further, that in the sixth ward at the election in one thousand nine hundred and eight, one councilman shall be elected for one year and one for two years, and thereafter one councilman shall be elected every year in said ward, except that elections to fill vacancies shall necessitate the election of two councilmen in any ward.
Sec. 17. Councilmen must be residents of and voters in the wards from which they are elected, and members of the board of affairs of the district from which they were elected, respectively, and upon ceasing to be residents of such wards or districts after April first, one thousand nine hundred and seven, and during the terms for which they were elected they shall ipso facto vacaté their office and the vacancy thereby created shall be filled by council until the next election for councilmen, at which election it shall be filled for the unexpired term thereof; and the circuit court of Kanawha county is hereby given jurisdiction by mandamus or quo warranto at the suit of any taxpayer of the city to declare and enforce such vacancy.
No Officer to be Interested in any City Contract.
Sec. 18. If any officer, member of board of affairs or council
man shall in any way become personally interested in any contract for labor, work, material or articles of any kind, done, performed or purchased for said city or in any contract, to which said city shall be a party, he shall be deemed guilty of a misdemeanor and shall be fined not to exceed five hundred dollars or imprisoned not to exceed three months, or both fined and imprisoned at the discretion of the court, and the judgment of conviction shall operate to vacate his office and the judgment shall so state, and it shall also operate to render such contract void, and no money shall be paid thereon. Jurisdiction to try, determine and sentence for a violation of this section is hereby conferred upon the circuit, intermediate and criminal courts of Kanawha county.
Oath of Mayor.
Sec. 19. The mayor before taking his seat or performing any of the duties of such office shall take and subscribe an oath or affirmation that he possesses the qualifications prescribed by this act to hold such office, and is not subject to any of the disqualifications prescribed therein, and that he will support the constitution of the United States, the constitution of this state and will honestly discharge the duties of his office to the best of his skill and judgment; which oath shall be filed and preserved by the recorder.
Oaths of Other Officers.
Sec. 20. The members of the board of affairs, recorder, treasurer and members of the council and all other officers elected or appointed under this act, shall make and subscribe an oath or affirmation in the time, manner, form and effect prescribed for the mayor.
Vacancies and Removals.
Sec. 21. If a vacancy shall occur in the office of mayor, recorder, or treasurer, the council shall, as soon as practicable, fill the vacancy by the appointment of some qualified person. If any
vacancy occurs in a city office appointed by the mayor, then such vacancy shall be filled by the appointment by the mayor of some qualified person, with the concurrence of the council, subject to the regulations for the original appointment.
Sec. 22. All vacancies occurring in the council shall be filled by the council. All vacancies in the board of affairs shall be filled by the board of affairs unless two vacancies exist at once, in which event the council shall fill both vacancies by appointment. All vacancies in the board of affairs shall be filled by appointment from the district in which they occurred.
Sec. 23. All persons appointed to fill vacancies in elective offices shall hold office until the next city election, at which time the vacancy shall be filled for the unexpired term by the election of some qualified person. Vacancies occurring in appointive offices shall be filled for the unexpired term.
Sec. 24. The council shall and it is hereby granted power and authority to remove from office the mayor, recorder, treasurer, or member of the board of affairs, for any of the causes mentioned in section six of article four of the constitution of West Virginia, or for any violation of section seventeen of article nine and section eighteen of article ten of this act, upon written charges preferred by a member of the council or by any responsible person to the council, but to remove from office under this provision, twohirds of the number of which the council consists shall concur in Juch removal, and the officer against whom charges are preferred shall be served with reasonable notice of the time of the hearing to be had upon such charges, together with a copy of such charges and shall have the right to be represented before the council in person and by attorney and the right to require all witnesses to be sworn and testify under oath before the council.
Must hold no Other Office.
No member of the council, the mayor, recorder, treasurer or member of the board of affairs or any other elective or appointive officer shall during the time for which he is elected, be eligible or appointed to any other office under the city, nor shall any such officer, while such, be an employee of the city in any other capacity whatever.
To Keep Journal.
Sec. 26. The council and board of affairs shall each keep a journal of its proceedings, which shall at all times be open to the inspection of any taxpayer of the city, and be a public record, and the ayes and nays of the members on any question shall at the request of any member, be taken down and entered thereon.
Meetings of Council.
Sec. 27. The council shall hold regular meetings on the first and third Thursdays of each month of the year and such special meetings as the business to be transacted may require, at such place or places in said city as the council shall from time to time ordain and appoint, and the council shall have the power by proper ordinance or resolution entered of record to vest in any officer of the city or any member or number of members of their body authority to call special meetings, and in like manner prescribe the mode in and by which such special meetings shall be called.
All questions put, except as to such matters as are herein' otherwise provided, shall be decided by a majority of the members present; provided, however, that a quorum for the transaction of business shall consist of a majority of all members elected to the council. No business shall be transacted at any special meeting of the council unless specially mentioned in the call for such meeting.
Sec. 28. A majority of the whole number of members elected to the board of affairs or to the council shall constitute a quorum to do business, but a smaller number may adjourn from time to time and may compel the attendance of absent members in such manner and under such penalties as either body may by rules provide.
Sec. 29. The mayor, recorder, members of the board of affairs