West Virginia Code § 8-3-2

Charter board for cities -- Organization; journal; quorum; duties; time for
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draft of charter; form of city government.
If on the returns being canvassed on the question of incorporation of a city, such canvassing
to be done by the county commission, a majority of the legal votes cast be in favor of such
incorporation, then the legal votes cast for members of the charter board shall be counted
and canvassed by the county commission, and the candidates in the numbere to be chosen
who received the highest number of votes shall be declared elected. The charter board shall
be convened at a suitable place within the territory, by the member recreiving the highest
number of votes, not less than five days nor more than ten days after the canvass of the
returns. He shall notify the other members of the board in writing of the time and place of
the first meeting of the charter board. At such first meeting, the board shall perfect its
organization by electing a chairman and secretary from its mtembership and by determining
the rules to govern its proceedings. Any vacancy in the membership of the board occurring
before a charter is approved by the qualified voters of the incorporated territory shall be
filled by appointment by majority action of the remaining members, and any vacancy
occurring after approval of a charter as aforesaid shall be filled as specified in section nine
of this article. A journal shall be kept by the secretary, in which journal shall be entered,
upon demand by any member, the vote by ayes and nays on any question. A majority of the
members of said board shall constitute a quorum. The board shall specify the manner for
nominating and electing candidates for the first elective offices provided for in the proposed
charter at the election to be held on the question of approval of the charter. It shall fix the
date of said election and it shaell do and provide all other things necessary for making
nominations and holding and conducting such election. Any qualified voter and any
freeholder of the incorpLorated territory may file with said charter board any written material
bearing upon the purposes of the board, and the board shall give such material so filed such
consideration as it m ay deem proper. The charter drafting process may be carried on
through commVittees, but their work shall be advisory only. The charter board shall complete
its draft of a charter within ninety days after its first meeting. It shall be the duty of the
charter board to provide in the charter so drafted for a form of city government in
accordance with one of the following plans:
Plan I -- "Mayor-Council Plan." Under this plan:
(1) There shall be a city council, elected at large or by wards, or both at large and by wards,
by the qualified voters of the city; a mayor elected by the qualified voters of the city; and
such other elective officers as the charter may prescribe; and
(2) The mayor and council shall be the governing body and administrative authority.
Plan II -- "Strong-Mayor Plan." Under this plan:
(1) There shall be a mayor elected by the qualified voters of the city; and a city council
elected at large or by wards, or both at large and by wards, by the qualified voters of the
city;
(2) The council shall be the governing body;
(3) The mayor shall be the administrative authority; and
(4) Other officers and employees shall be appointed by the mayor or by his order in
accordance with this chapter, but such appointments by the mayor or by his order may be
made subject to the approval of the council.
Plan III -- "Commission Government." Under this plan:
(1) There shall be, except as hereinafter in this plan provided, a commission of five members
elected at large by the qualified voters of the city;
(2) The members of the commission shall be a commissioner of public affairs, a
commissioner of finance, a commissioner of public safeaty, a commissioner of public works
and a commissioner of streets: Provided, That a charter for a Class I or Class II city may, and
a charter for a Class III city shall, provide for a comlmission of three members, viz., a
commissioner of finance, a commissioner of public works and a commissioner of public
safety;
(3) The members of the commission shall elect a mayor from among their membership;
(4) The commission shall be the governing body and administrative authority; and
(5) Officers and employees, other than members of the commission, shall be appointed in
accordance with this chLapter by the commissioners or by each commissioner with respect to
his department, as the charter may prescribe.
Plan IV -- "Manager Plan." Under this plan:
(1) There shall be a council of not less than five nor more than eleven members, elected
eithWer at large or from such geographical districts as may be established by the charter, or
partly at large and partly from such geographical districts, and the charter may empower
the council to change, from time to time, such districts without amending the charter:
Provided, That the change of such districts shall not take effect during the terms of office of
the members of such council making such change;
(2) There shall be a mayor elected by the council from among its membership who shall
serve as the presiding officer of the council; and a city manager who shall be appointed by
the council;
(3) The council shall be the governing body; and
(4) The manager shall be the administrative authority. He shall manage the affairs of the city
under the supervision of the council and he shall be responsible to such council. He shall
appoint or employ, in accordance with this chapter, all subordinates and employees for
whose duties or work he is responsible to the council.
Plan V -- "Manager-Mayor Plan." Under this Plan:
(1) There shall be a council of not less than five nor more than eleven members, elected
either at large or from such geographical districts as may be established by the charter, or
partly at large and partly from such geographical districts, and the charter may empower
the council to change, from time to time, such districts without amending the charter:
Provided, That the change of such districts shall not take effect during the terms of office of
the members of such council making such change.
(2) There shall be a mayor elected at large by the qualified voters of the municipality as may
be established by the charter, who shall serve as a member and the presiding officer of the
council; and a city manager who shall be appointed by the council;
(3) The council shall be the governing body; and
(4) The manager shall be the administrative authority. He shall manage the affairs of the city
under the supervision of the council and he shall be responsible to such council. He shall
appoint or employ, in accordance with thisi chapter, all subordinates and employees for
whose duties or work he is responsible to the council.
The purpose of the provisions of this section pertaining to Plan I, Plan II, Plan III, Plan IV
and Plan IV is to establish basic requirements of alternative plans of structure and
organization of city government. The structure and organization of a city government may be
specified by the charter in respects other than those enumerated, and in elaboration of the
basic requirements, insofar as such charter provisions do not conflict with the purpose and
the provisions of the alternative plans prescribed.

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