No person shall hold an elective or appointive office in the
City of Rockwood unless he is qualified in the following manner:
A. A resident of the City for at least 30 days prior to the time of
his filing of original petitions for elective office;
B. A registered elector of the City of Rockwood on such last day for
filing of petitions and throughout his tenure of office;
C. No person shall be eligible who is in default to the City unless
such default shall be eliminated within 30 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;
D. No person shall be eligible who shall be found guilty by a competent
tribunal of the commission of a felony;
E. No person shall be eligible at a regular or special election who
is an appointive officer or 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 or
elective officer whose resignation shall be in writing and filed with
the Clerk at least 30 days before the next regular or special election;
F. All elected officers of the City shall be citizens of the United
States;
G. While holding an elective office, no elective officer may be appointed
to any City office or be employed by the City;
H. No elective officer shall be elected or appointed to any office which
was created or the compensation of which was fixed or increased by
the commission while he was a member of such commission until the
expiration of one year from the date when he ceased to be a member
of the commission.
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 30 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 25% of such meetings in any fiscal year of the City,
unless such absences shall be excused by the Council and the reason
therefor entered in the proceedings of the Council at the time of
such absence; Council members shall notify the Clerk's office
prior to their absence;
F. If the officer is removed from office by the Council in accordance
with the provisions hereinafter set forth.
The office of any member of any board or 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 25% of such meetings
in any fiscal year of the City, unless such absences shall be excused
by such board or commission, and the reason therefor 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.
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 hearings
of which such officer has been given notice by the Clerk at least
10 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.
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. Resignation of the
Clerk shall be made to the Mayor and shall be immediately acted upon
by the Council at its next regular meeting. Resignations of appointive
officers shall be made in writing to the appointing officer or body
and shall be acted upon immediately.
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.
All full-time administrative officers of the City, if not residents
of the City at the time of their appointment, shall become residents
thereof within one year thereafter and shall so remain while so serving.
Every officer, elective or appointive, before entering upon
the duties of his office, shall take the oath of office prescribed
for public officers by Section 1 of Article XI of the Constitution
of the State of 1963 and shall file the oath with the Clerk, together
with any bond required by statute, this Charter or the Council. In
case of failure to comply with the provisions of this section within
10 days from the date he is notified in writing of his election or
appointment, such officer shall be deemed to have declined the office,
and such office shall thereupon become vacant unless the Council shall,
by resolution, extend the time in which such officer may qualify.
Whenever any officer or employee shall cease to hold such office
or employment for any reason whatsoever, he shall, within five days
or sooner, on demand, deliver to his successor in office or to his
superior all the books, papers, monies and effects in his custody
as such officer or employee. Any officer violating this provision
may be proceeded against in the same manner as public officers generally
for a like offense under statute.
The Council shall have the power to adopt and make available
to the administrative officers and employees of the City and its departments
and boards any recognized standard plan of group life, hospital, health
or accident insurance, either independently of, or as a supplement
to, any retirement plan provided for such employees and officers.
The Council may submit to the electors by referendum a proposal
for the establishment of a civil merit system for City employees;
provided, however, the Council shall, upon a majority vote of the
electors voting for the aforesaid proposal, provide by ordinance for
a civil merit system for City employees.
The Council shall provide by ordinance for an orderly retirement
system for full-time City employees.