ARTICLE IV
GENERAL PROVISIONS REGARDING OFFICERS AND PERSONNEL OF THE CITY

Section 4.1 Eligibility for Office and Employment in the City:

No person shall hold any elective office of the City unless he shall have attained the age of twenty-one (21) years, and have been a resident of the City for at least one (1) year immediately preceding the last day for filing the original petition for such office or preceding the time of his appointment to fill a vacancy.

No person shall hold any elective office unless he is a qualified and registered elector of the City at such time of appointment and throughout his tenure of office. No person shall be eligible for elective or appointive City office who is in default to the City. The holding office by any person who is in such default shall create a vacancy unless such default be eliminated within thirty days after written notice thereof by the Council or unless such person in good faith be contesting the liability for such default.

Each candidate for elective office shall file with his petition his affidavit that he possesses the qualifications for such office provided in the section. Failure to file such affidavit shall invalidate his petition.

Each member of a City board or commission created pursuant to the Charter, shall have been a resident of the City for at least one year immediately preceding the date of his appointment and shall be a qualified and registered elector of the city on such day and throughout his tenure of office.

All officers of the City shall be United States citizens. Unless otherwise provided by this Charter, no officer elected under this Charter may be appointed to any office or be employed by the City during the term of office for which he was elected, provided that after the expiration of his term of office he may be appointed as a member of an independent board or commission or fill a vacancy in the position of Councilman.

The Council may by ordinance require residence in the City of Gunnison as a condition of employment of all full time employees of the City.

Section 4.2 Removals from Office:

Removals by the Council of elective and appointive 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; or

B.    For any act declared by this Charter to constitute misconduct in office. Such removals by the Council shall be made only after a hearing, of which such officer has been given notice in writing by the City Clerk at least ten days in advance, either personally or by delivering the same to his last known place of residence. Such notice shall include a copy of the charges against such officer. The hearings 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 member whose removal is being considered, shall be required for any such removal.

Section 4.3 Vacancies in Boards and Commissions:

The office of any member of any board or commission created by or pursuant to this Charter shall be declared vacant by the Council:

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 four (4) consecutive regular meetings of such board or commission, or twenty-five (25) per cent of such meetings in any fiscal year of the City, unless such absences shall be excused by such board or commission at the time of such absence;

D.    If the officer is removed from office by the Council in accordance with the provisions of Section 4.2.

Section 4.4 Vacancies in Elective Office:

Any elective office of the City shall be declared vacant by the Council upon 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 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 court of the State of Colorado of any act constituting misconduct in office under the provisions of this Charter;

D.    If the officer shall be convicted of crime involving moral turpitude;

E.    If the officer shall absent himself continuously from the City for more than thirty (30) consecutive days in any one (1) year without the permission of the Council.

F.    In the case of any members of the Council, if such officer shall miss four (4) consecutive meetings of the council or twenty-five (25) per cent of such meetings in any fiscal year of the City, unless such absence shall be excused by the Council and the reason therefor entered in the proceedings of the Council at the time of such absence;

G.    If the officer is removed from office by the Council in accordance with the provisions of Section 4.2 of this Charter.

Section 4.5 Resignations:

Resignations of elective officers and of members of boards and commissions shall be made in writing and filed with the City Clerk and shall be acted upon by the Council at its next regular meeting following receipt thereof by the City Clerk. Resignations of appointive officers shall be made in writing to the appointing officer or body and shall be acted upon immediately.

Section 4.6 Filling Vacancies in Appointive Offices:

Vacancies in appointive offices shall be filled in the manner provided for making the original appointment. In the case of members of boards and commissions appointed for a definite term, such appointments shall be for the unexpired term.

Section 4.7 Filling Vacancies in Elective Offices:

Any vacancy that occurs in the City Council less than ninety (90) days after a regular City election shall be filled by the appointment, by majority vote of remaining members of the Council, of that person, if that person is still qualified and accepts the appointment, who was runner-up in the last election after those elected, provided that person polled ten (10) per cent of the vote cast. Otherwise, Council may, in its discretion, appoint a successor to serve until the next regular City election, or call for a special election, at which such vacancy shall be filled as provided in Section 2.2 for any balance of the unexpired original term.

Any vacancy that occurs in the City council more than ninety (90) days before the next regular City election and more than ninety (90) days after the last regular City election shall be filled within thirty (30) days by a majority vote of the remaining members of the Council, said appointee to hold office until the Monday following the next regular City election at which election such vacancy shall be filled as provided in Section 2.2 for any balance of the unexpired original term.

Any vacancy that occurs in the City Council ninety (90) days or less before the next regular City election may not be filled.

If the vacancy in the office of councilman which the Council is authorized to fill is not filled within thirty (30) days after such vacancy occurs, or if two or more vacancies exist simultaneously in the office of councilman, such vacancy shall be filled for the respective unexpired terms at a special election.

Section 4.8 Change in Term of Office or Compensation:

Except by procedures provided in this Charter, the terms of office of the elective officers and members of boards and commissions appointed for definite terms shall not be shortened. The terms of elective officers of the City shall not be extended beyond the period for which any such officer was elected except that an elective officer shall after his term has expired, continue to hold office until his successor is elected and has qualified. The Council shall not grant or authorize extra compensation to any officer or employee after the service has been rendered except under those terms agreed to prior to the rendering of the service.

Section 4.9 Oath of Office and Bond:

Every officer elected or appointed, before entering upon the duties of his office, shall take the oath of office prescribed by Section 7, Article XII of the constitution of the State of Colorado and shall file the same with the City Clerk, together with any bond required by this Charter, or by the Council. In case of failure to comply with the provisions of this Section within ten days from the date 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 as above set forth.

Section 4.10 Delivery of Office:

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 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 the statute. Any employee found guilty by a competent tribunal of violating this provision may be punished by fine or imprisonment, or both, as determined by the Court.

Section 4.11 Pecuniary Interest Prohibited:

No member of the Council shall use his position or influence to promote his own financial interests through contracts, sales, purchases or otherwise, when such action would not be to the best interest of the City.

Section 4.12 Compensation of Officers and Employees:

The compensation of all officers and employees of the City whose compensation is not provided for herein shall be fixed by the appointing officer or body within the limits of budget appropriations and in accordance with any pay plan which may be adopted by the Council. The respective salaries and compensation of officers and employees, as fixed by, or pursuant to, this Charter shall be in full for all official services of such officers or employees and shall be in lieu of all fees, commissions and other compensation receivable by such officers or employees for their services. Such fees, commissions and compensation shall belong to the City and shall be collected and accounted for by such officers or employees, and be paid into the City treasury and a statement thereof filed periodically with the City Manager. Nothing contained in this section shall prohibit the payment of necessary bona fide expenses incurred in service in behalf of the City.

Section 4.13 Anti-Nepotism:

The following relatives of any officer, employee, or elective official of the city who has the authority to hire, fire, or supervise employees, or of his spouse, shall not be hired by any officer, employee or elective official of the City without the prior consent of the City Council: spouse (in certain circumstances according to Colorado Revised Statutes, as amended), child, parent, brother or sister. All relationships shall include those arising from adoption.