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and treasurer, and all other officers and appointees, shall receive for their official services such salary as the council shall from time to time by ordinance fix and establish, but the salary of any of such officers shall not be increased or diminished during the term for which he was elected; provided, that the salaries of officers elected on the third Monday of March, one thousand nine hundred and seven, shall be fixed by the municipal authorities in office on and after the first day of April, one thousand nine hundred and seven. All fees and charges allowed heretofore or hereafter by any law or ordinance shall be paid into the city treasury, and no officer, elective or appointive, shall receive any compensation, whatever, except his salary. Council shall pass suitable ordinances securing to the city all such fees and charges.

ARTICLE XVIII.

Appointive Officers.

Sec. 30. The council shall after the first day of April, one thousand nine hundred and seven, and every two years thereafter, appoint a sergeant, city engineer, and building inspector, and prescribe the duties and fix the salaries of such officers, and also fix the salaries of all other officers, not otherwise provided for in this act.

Sec. 31. The members of the council shall receive no salary for their official services.

ARTICLE XIX.

Duties of Mayor.

Sec. 32. The mayor shall be the chief executive officer of the city and shall preside at all meetings of the council and shall have a vote as a member thereof; he shall have charge and control of the police, except as herein otherwise provided; he shall, except as otherwise herein provided, see that the laws and ordinances of the city are enforced; that the peace and good order of the city are preserved, and that the persons and property therein are protected, and to this end he may cause the arrest and detention of riotous and disorderly persons and shall perform such other duties and services as the council may ordain in addition to the duties prescribed by this act and not inconsistent therewith; he shall

from time to time at his discretion, submit to the council information relative to the state of the city and its several departments, and he shall submit to the council an annual message and from time to time recommend such measures for its consideration as he may deem expedient in the interests of the city; he shall have power to appoint a competent person to examine the affairs of any department or departments when he shall deem it necessary, the cost of which shall be provided for and paid by order of the council; he shall appoint, subject to the provisions of this act, a police judge, a city attorney, chief of police, policemen, all special police and a commissioner of streets. Whenever it shall be the duty of the mayor to make an appointment under this act, he shall at the first regular meeting of the council, make a nomination therefor to council, and the latter shall at that meeting, consider the same, and confirm, refuse to confirm or reject the same. If the nomination be not confirmed, then the mayor shall at the same meeting, make another nomination and the council shall then and there consider the same, and confirm, refuse to confirm or reject the same. If the second nomination be not confirmed, then the mayor shall make another nomination and the powers of the council in relation thereto shall be the same as with the other two nominations. If all the nominations be rejected the mayor shall not make any other nominations at that meeting without the request of the council, but at the next regular meeting of council the mayor's duties and powers and the council's duties and powers shall be the same in relation to such appointment as at the former meeting.

If, after the second regular meeting held as aforesaid, no such appointment be confirmed, then the mayor shall at once send the entire list of appointments made by him to council, to the board of affairs, and the latter shall at its first meeting thereafter, confirm or reject one of said appointments. If it reject all of them, then the mayor can make one more appointment to the board of affairs and if the latter be not confirmed, then the board of affairs shall appoint some one to fill such office.

The recorder, except as herein otherwise provided, shall perfrom the duties of mayor whenever and so long as the mayor is from any cause not able to perform his official duties. If the mayor and recorder are both absent from the city or otherwise disabled from performing the duties of mayor, the auditor shall

perform such duties, but while acting as mayor he shall not have a vote in council.

ARTICLE XX.

Election of Board of Affairs.

Sec. 33. The city of Charleston is hereby divided into three districts, as follows: The first, second and third wards of said city shall compose the first district; the fourth, fifth, sixth and tenth wards of said city shall compose the second district; and the seventh, eighth and ninth wards of said city shall compose the third district. At the first election under this act, to be held on the third Monday in March, one thousand nine hundred and seven, and at the elections to be held every second year thereafter, there shall be elected by the qualified voters of each of said districts one member of the board of public affairs from each of said districts for two years from April first after such election, who shall at the time of his election and during his entire term of office be and remain a bona fide resident and voter of the district so electing him and upon ceasing to be such, the office shall be vacant.

Duties of the Board of Affairs.

Sec. 34: The three members of the board of affairs elected as provided in the next preceeding section of this act, shall each be required to give an official bond in the penalty of five thousand dollars, and each member shall receive from the city a salary, to be fixed by the council. The said board of affairs shall have the management and control of any parks, wharves, and any public utility that the city may hereafter own; they shall also have charge of the maintenance, improvements and repair of all the streets, alleys, wharves, public grounds, sewers and other improvements owned by the city in or under such streets and alleys; they shall also have the management and control of the fire department, health department, commissioner of streets, city prison, crematory, cemeteries, hospitals, and other departments and institutions of like nature; they shall appoint the auditor and chief of fire department, to be confirmed by the council, whose term of office shall be respectively two years from the time of their ap

pointment; they shall also appoint a health commissioner, who together with the board of affairs, shall constitute the board of health of the city, who shall manage and have control of the sanitation of the city. The board of affairs shall have power to suspend without pay or dismiss permanently the chief of fire department or any member of the fire department for incompetency, misconduct in office or gross immorality; but all such suspensions or dismissals shall be reported to the first regular meeting thereafter of council with the reasons therefor. The council shall confirm or revoke such suspension or dismissal as the facts of the case may determine. The board of affairs shall require the office of the city engineer to be so conducted and managed that all plats, notes of survey and other documents and records of like nature prepared by the city engineer in the city shall be the property of the city; and also may cause to be prepared for the permanent use of the city, a map of the city with necessary profiles, showing the location, alignment and grade of all the streets and alleys, boundaries and the location of sewers, water pipes, gas pipes, natural gas pipes, and electric and other subways with or under any such streets, alleys or public places; and provide for additions to and upon said map, showing the location of all such sewer pipes and subways as may be hereafter added, so as to make the same at all times conform to any alterations made in any such streets or in the improvements of a public nature made therein.

The said board shall not be authorized to inaugurate any new work without first reporting the plan of same to and obtaining the concurrence of the council. Any disregard of this provision will be ground for impeachment and removal of any member or members of said board guilty of such misconduct, and also for an action, or action on his, or their bonds for any damage occasioned to the city by reason of his or their corrupt discrimination, or at the election of the city for a joint action against two or all of the members of said board for such damages. The management and control over the various works intrusted to and the duties imposed upon them shall be in accordance with such lawful rules and regulations as shall be adopted by the council. Such rules and regulations shall be enacted as ordinances of the city, and whenever the council shall pass any ordinance, resolution or by-law providing for the comfort, health, convenience, safety,

peace and good order of the said city or of the inhabitants thereof, or providing for any work to be done, by virtue of any of the powers vested in the municipal authorities of said city, the said council shall provide that the board of affairs shall see that the provisions of such ordinance are enforced or carried out. But nothing herein shall be so construed as to divest the mayor of any of his powers.

The board of affairs shall be the purchasing committee of the city, under such regulations as the council, by ordinance, may prescribe, and shall audit and pay all accounts against the city and report the same to council. Any contract made or ordinance passed by council shall be certified by the recorder to the board of affairs and it shall become effective within ten days after its passage unless within said ten days the board of affairs shall veto the same, in which event they shall notify the mayor of their disapproval and their reasons for such disapproval endorsed thereon or attached thereto. The mayor shall lay the same and said reasons before council at its next meeting and thereupon the mayor shall put to council the question; "Shall the ordinance or contract become effective, notwithstanding the objections of the board of affairs?" If at least two-thirds of all the votes of the members elected to council are cast in the affirmative, the same shall be come effective; if less than such two-thirds be cast in the affirmative, the measure shall be lost.

ARTICLE XXI.

Duties of Recorder.

Sec. 35. It shall be the duty of the recorder to keep, and properly index a journal of the proceedings of the council, board of affairs and board of health, and have charge of and preserve the records of the city; he shall attend the police judge in all examinations, receive and issue his orders, swear witnesses and perform all the duties of a clerk in the council and in the police judge's court. In the absence of the police judge he shall exercise the functions of police judge; he shall perform all other duties required of him by order or by ordinance of the council; he shall receive a compensation for his services to be fixed by the council. which shall not be increased or diminished during his term of office.

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