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8/21/2000 5:59:02 PM
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Charter
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CHARTER Ch. 2, § 4 <br /> <br /> Provided, however, those councilmen initially elected following the amendment of this <br />Charter in nineteen hundred seventy-five shall not take office until the expiration of the terms <br />of their predecessors, thereby their initial term shall be for a term of three years ten months. <br /> <br /> The council shall be a continuing body and no measure pending before such body shall abate <br />or be discontinued by reason of the expiration of the term of office or removal of said body, or <br />any of them. When a vacancy occurs in the council, it shall be filled by a majority vote of the <br />remaining members within thirty days of such vacancy. If a majority of the remaining <br />members cannot agree, or do not act within said thirty-day period, and if at least one hundred <br />eighty days remain in the unexpired term at the expiration of said thirty-day period, the <br />council, immediately upon expiration of said thirty-day period, shall petition the Circuit Court <br />of the City of Martinsville to issue a writ of election to fill such vacancy. Upon receipt of such <br />petition, the court shall issue the writ of election, directed to the secretary of the Electoral <br />Board of the City of Martinsville, designating the office to be filled and the time and place of <br />holding such election; and, upon receipt of such writ, the said secretary shall publish a copy <br />thereof at not less than ten public places within the city or publish the same in a newspaper <br />of general circulation at least ten days before such election. No such special election shah be <br />ordered held within the sixty days prior to a general or primary election. Any member of the <br />council who shall be voluntarily absent from three regular meetings of the council consecu- <br />tively, may be removed from office by resolution of the council declaring his seat vacant. <br />(Acts 1975, Ch. 416; Acts 1977, Ch. 132, § 1) <br /> <br />Sec. 3. Qualification of members. <br /> <br /> Any person qualified to vote in the city shall be eligible to the office of councilman. <br /> <br />Sec. 4. Memberts forfeiture of office for felony conviction; conflict of interests; <br /> limitations on dealing with administrative service. <br /> <br /> (a) Any member of the council who shall have been convicted of a felony while in office shall <br />thereby forfeit his office. <br /> <br /> (b) No member of the council or other officer shall be interested directly or indirectly in the <br />profits of any contract or work, or be financially interested, directly or indirectly, in the sale to <br />the city of any land, materials, supplies, or services (other than official services). Any member <br />of the council or any other officer of the city, who shall knowingly offend against the provisions <br />of this section, shall be subject to removal from office by proceedings in either the circuit court <br />or corporation court* of the city for such purpose in the manner provided by law for removal <br />of public officials from office by reason of malfeasance or misfeasance. <br /> <br /> (c) Except for the purpose of inquiry, the council and its members shall so long as the city <br />manager form of government obtains deal with the administrative service solely through the <br />city manager, and neither the council nor any member thereof shall have authority to give <br />orders to any of the subordinates of the city manager, either publicly or privately. <br /> <br /> *Editor's note--The corporation court no longer exists. <br /> <br />Supp. No. 47 13 <br /> <br /> <br />
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