H. B. 3013
(By Delegates Amores and Trump)
[Introduced March 14, 2005; referred to the
Committee on Political Subdivisions then the Judiciary.]
A BILL to amend and reenact §8-5-7 of the Code of West Virginia,
1931, as amended, relating to residency and other requirements
for certain municipal officers; and removing requirement that
the mayor, recorder and councilmen must have been assessed
with and paid real or personal property taxes in order to hold
office.
Be it enacted by the Legislature of West Virginia:
That §8-5-7 of the Code of West Virginia, 1931, as amended, be
amended and reenacted to read as follows:
ARTICLE 5. ELECTION, APPOINTMENT, QUALIFICATION AND COMPENSATION
OF OFFICERS; GENERAL PROVISIONS RELATING TO OFFICERS
AND EMPLOYEES; ELECTIONS AND PETITIONS GENERALLY;
CONFLICT OF INTEREST.
PART IV. OFFICERS TO BE ELECTED; WARD OR ELECTION
DISTRICT REPRESENTATION.
§8-5-7. Certain officers; wards or election districts; residency
and other requirements.
(a) Unless otherwise provided in the charter of a
municipality, there shall be elected a mayor, a recorder and
councilmen, who together shall form the governing body of the
municipality.
(b) When a municipality has not been divided into wards or
election districts, there shall be at least five councilmen, but
when the municipality has been divided into wards or election
districts, the governing body may, by ordinance, determine the
number of councilmen to be elected from each ward or election
district. When it is deemed necessary, the governing body may, by
ordinance, increase the number of wards or election districts and
change the boundaries thereof, such wards or election districts to
be made as nearly equal as may be, in population, and when the
municipality shall be divided into wards or election districts, or
there shall be an increase in the number of wards or election
districts as aforesaid, the governing body may increase the number
of councilmen and direct an election to be held at the next regular
municipal election in such ward or wards or election district or
districts so that each ward or election district may have its full
number of councilmen residing therein and may have equal
representation on the governing body. When a municipality has been
divided into wards or election districts, the governing body may,
by ordinance, also provide for the election of councilmen at large
in addition to the councilmen to be elected from each ward or
election district. The provisions of this subsection (b) shall be
applicable to any municipality except to the extent otherwise provided in the charter of such municipality.
(c) Unless otherwise provided by charter provision or
ordinance, the mayor, recorder and councilmen must be residents of
the municipality, must be qualified voters entitled to vote for
members of its governing body.
and for the year preceding their
election must have been assessed with and paid real or personal
property taxes to the municipality upon at least one hundred
dollars' worth of property therein, except that the city manager in
a manager form of government need only be a resident of the city at
the time of his appointment: Provided, That for two years after
the date of his discharge, the eligibility of any honorably
discharged veteran of the armed forces of the United States for any
of such offices in any municipality shall not be affected or
impaired by reason of his not having been assessed with or paid
such taxes. The city manager in a manager form of government need
only be a resident of the city at the time of his or her
appointment.
NOTE: The purpose of this bill is to remove the requirement
that the mayor, recorder and councilmen of a municipality must have
been assessed with and paid real or personal property taxes in
order to hold office.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.
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