Qualifications of candidates

missioners to

printed

Election

provisions

herein before provided for, as well as applied to and observed in the appointment of inspectors making and canvassing the returns of said election.

Fourth-No candidate for office at such election shall be entitled to have his name placed upon the official ballot unless such candidate shall, at least ten days before the date of such election, file in the office of the county clerk of Humboldt County, a petition signed by at least ten per cent of the qualified electors of the town of Winnemucca as shown by the registration list thereof at the last general election; such petition shall show that the nominee therein possesses the qualifications as required by this act for the office for which he is nominated.

Fifth-The board of county commissioners shall authorize County com- and direct the county clerk of said county to cause to be have ballots printed a sufficient number of ballots for said election upon which shall appear the names of the candidates for the offices above specified; also the words "For the Adoption of the Charter" "Against the Adoption of the Charter" The county commissioners shall, at least ten days before the election, also appoint two inspectors and two clerks to conduct said election, and they shall conduct said election in accordance with the laws of the state governing elections. The officers of such election shall make returns to the board of county commissioners, who shall, within four days thereafter, meet and canvass said vote, and shall cause to be entered upon their minutes the result of such canvass. They shall first canvass the votes for and against the adoption of the charter. If from such canvass they find that a majority of the electors have voted against the adoption of this charter, then they shall declare this charter rejected, and the offices to be filled at said election dissolved. If at said election and canvass they find that a majority of said votes have been cast in favor of the adoption of this charter, then they shall proceed to canvass the votes cast for the various officers under this charter and proclaim as follows: Said board of county commissioners shall cause a certificate of election to issue to [the] person receiving the highest number of votes for mayor. The candidate receiving the highest number in each class, as in this act provided, shall be declared elected to the office of commissioner for the city of Winnemucca by the board of county commissioners of Humboldt County, who shall thereupon cause a certificate of election to be issued to such persons. The said board of county commissioners shall cause all the expenses of printing and publishing the said proclamation and of holding such election to be paid out of the town fund of Winnemucca.

Elective officers

SEC. 2. Officers-Elective. The elective officers of the city of Winnemucca shall consist of a mayor and four commissioners, as above provided.

SEC. 3. Officers, Election of-Election, When and How HeldCommissioners-Classes of Ballot. After said election as above

every two

provided for and on the first Tuesday after the first Monday City election in May, 1915, and at each successive interval of two years years thereafter, there shall be elected at large by the qualified voters of the city of Winnemucca at a general election to be held for that purpose a mayor and four commissioners. Said officers shall hold office for a period of two years and until their successors shall have been elected and qualified. The board of commissioners of said city shall order the general election and shall determine the places in said city for holding the same, and the mayor of said city shall make proclamation thereof, and otherwise said election and the manner of holding the same shall be governed by the laws of the State of Nevada governing general elections, so far as the same may be applicable thereto, and in the event there should be any failure on the part of the general laws of the state to provide for some feature of said city election then the board of commissioners of said city of Winnemucca shall have the power to provide for such deficiency. The four commissioners to be elected, as provided for in this act, shall be voted for and elected separately and shall be separately designated on the official ballot by numbering the same "1," "2," "3," and "4." Each person desiring to become a candidate for commissioner as aforesaid shall designate the number of the class to which he desires to become a candidate, and his name shall be printed on the official ballot beneath the number so selected, and each voter shall vote for only one candidate in each such class. SEC. 4. Officers, Election of-Canvass of Returns, When and Canvass of by Whom-Tie Vote Procedure. On the Tuesday following said election, or as soon thereafter as practicable, the board of commissioners of the city of Winnemucca then in office shall canvass the returns and declare the election of the candidates receiving the highest number of votes. And in the event it should appear that a tie vote exists as to any two or more of Tie vote the candidates for any office made elective by popular vote the board of commissioners of the city of Winnemucca shall forthwith summon the candidates who have received such tie votes to appear before such board, and such board, in the presence of such candidates, shall determine the tie by lot.

returns

officers to be

SEC. 5. Officers, Appointive and Ex Officio-Enumeration of— County Compensation. The county treasurer and ex officio tax receiver ex officio of the county of Humboldt shall be ex officio treasurer and tax city officers receiver of the city of Winnemucca; the county assessor of the county of Humboldt shall be ex officio assessor of the city of Winnemucca; the city clerk of the city of Winnemucca shall be ex officio license collector of the city of Winnemucca. Each of the above-mentioned officers in this section set forth shall perform the respective duties of their offices under said city without extra compensation, but for the performance of the duties of city assessor relative to special assessments as in this act provided, the board of commissioners, upon the request of the city assessor, shall appoint, for such time as his services may be

County

officers ex officio city

officers

Qualifications of mayor and

ers

necessary, a deputy city assessor to perform such duties relative to special assessments; and the board of commissioners shall fix and pay the deputy such compensation as they deem fit. The county treasurer and county assessor of the county of Humboldt shall be liable on their official bond for the faithful discharge of the duties imposed on them by this act. The board of commissioners may appoint a city clerk with a salary not to exceed $600 per annum, payable in equal monthly installments; also a city attorney, with a salary not to exceed $600 per annum, payable in equal monthly installments; also a city marshal, with a salary not to exceed $1,800 per annum, payable in equal monthly installments, also a judge of a municipal court, at a salary not to exceed $50 a month. The board of commissioners may appoint such other officers as such board may from time to time ordain and establish, with the right to select the incumbent thereof and prescribe the duties of such office. The compensation of the appointive officers shall be fixed, allowed and paid by the board of commissioners out of such city funds as the board may designate. Any one or more of such appointive officers may, in the discretion of the board of commissioners, be combined and the duties thereof discharged by one

person.

SEC. 6. Officers, Elective-Qualifications of. The mayor and each of the said four commissioners shall not be less than 25 years of age, citizens of the United States, and for at least two commission years immediately preceding their election residents of the city of Winnemucca qualified voters who are property owners and taxpayers in said city. All of the officers made elective by the popular vote shall, within thirty days after the result of the election is ascertained, qualify as required by this charter and the constitution and laws of the State of Nevada, and failing to do so within the said time such office shall be and become vacant.

Primary election, when

officers

SEC. 7. Primary Election-Manner of Holding. A primary election shall never be deemed to be a prerequisite to a general election, but in the event the primaries should be held then the same shall be conducted in accordance with the laws of the State of Nevada, applying to and governing the same. In case of a primary election held by any political party or organization to nominate the candidates for the office of commissioner the candidates before such primary shall be nominated separately as provided for in the general election, and the names of the successful candidates before such primary shall appear on the official ballot at the general election in the class in which he was nominated at such primary.

SEC. 8. Official Oath. Every person elected by the voters Oath of city of said city or by the board of commissioners to fill any office under this act, shall, before entering on the duties of his office, take and subscribe to the official oath provided by the constitution of this state; and in addition thereto that he is not under any direct or indirect obligation to vote for, appoint or

elect any person to any office, position or employment in the city government of the city of Winnemucca.

officers

SEC. 9. Officers, Elective-Bonds of—Approval by the Chair- Bonds of city man of Board of County Commissioners. All officers elected by popular vote before entering upon the duties of their respective offices shall give bond in the sum of $1,000, payable to the city of Winnemucca, Humboldt County, Nevada, conditioned. for the faithful discharge of the duties of the office, which bond shall be signed by the principal and by two or more good and sufficient sureties, to be approved by the chairman of the board of county commissioners of Humboldt County, Nevada. SEC. 10. Mayor and Commissioners, Salary of. The mayor Salaries of said city shall receive as remuneration for his services, the sum of twelve dollars ($12) per annum, payable in equal monthly installments; and each of the commissioners shall receive the sum of twelve dollars ($12) per annum, payable in the same manner.

ject to

SEC. 11. Commissioners Not to Hold Other Office-Officers Not Officers subto Contract with City or Make Bonds to City-Forfeiture of Office. certain No member of the board of commissioners shall hold any other restrictions public office or employment under the county of Humboldt, nor have employment thereunder, nor receive compensation for any other position or office which is paid out of the public money of the city of Winnemucca, nor be elected nor appointed to any office created by or the compensation of which was increased or fixed by the board of commissioners while he was a member thereof. Nor shall any member of the board of commissioners of the city of Winnemucca be pecuniarily interested directly or indirectly in any contract let by the city, nor in any matter wherein the rights or liberties of the city of Winnemucca are, or may be, involved; nor shall any member of the board of commissioners of the city of Winnemucca be interested directly or indirectly in any public work or contract. let, supervised or controlled, or which shall be paid for wholly or in part by the city, nor shall any such commissioner become the surety of any person on any bond or other obligation of the city of Winnemucca. Any member of the board of commissioners of the city becoming interested directly or indirectly as aforesaid, or by commission, or retainer, or fee, or by gift, or loan given or received at the time of the transaction or before or after the same, in any contract, franchise, work, purchase, or sale, by or with any of the agencies aforesaid, shall forfeit all rights or claim to the title and emoluments of the office which he may happen to hold in said city, and shall be expelled therefrom by the board of commissioners, or, if they shall fail to remove said member of the board of commissioners, guilty as aforesaid, he shall nevertheless be subject to removal upon the action of any five citizens taken in the district court of Humboldt County in such proceedings as are appropriate and proper.

SEC. 12. Officers, Elective-Removal of-Investigation. The

Officers, how board of commissioners shall have the power to remove any

removed

Investigation, when

Recall of officer; procedure

elective officer for incompetency, corruption, malconduct, malfeasance or nonfeasance in office, or such other causes as may be prescribed by ordinance after notice in writing and opportunity to be heard in his defense, under the rules and regulations herein set forth. That whenever charges are preferred in writing under oath, or when information otherwise comes to the knowledge of any of the commissioners against any such officer for any or all of the offenses named or provided for above, it shall be his duty or their duty to have the accused duly served with a copy of such charges, and shall set a day to inquire into the truth of such charges, and shall notify the accused and other members of said board, and the witnesses for and against the accused to be present, and the said board of commissioners shall constitute a court to try and determine the case, and they are hereby vested with the exclusive jurisdiction to hear and determine said charges, and may continue investigation from day to day upon proper showing to enable the accused or prosecutor to get material evidence before said board. The accused shall have the right to be heard in person or by counsel, and said board shall likewise be represented by counsel, if they desire it. Upon the conclusion of the investigation and argument of the case, a vote shall be taken on each charge and specification, and if a majority of all the members of said board vote to sustain either of the charges against the accused, said board shall enter or cause to be entered its judgment, in which shall be recorded the vote of each member of the board, upon the several charges and specifications, and an order shall be entered removing the accused from his office and declaring the same vacant. But if the vote is otherwise, the accused shall be declared not guilty and judgment entered accordingly.

SEC. 13. Recall of Officer-Procedure-Election of Successor. The holder of any elective office may be removed at any time by the electors qualified to vote for a successor of such incumbent. The procedure to effect the removal of an incumbent of an elective office shall be as follows: A petition signed by electors entitled to vote for a successor to the incumbent sought to be removed equal in number to at least twenty per centum of the entire number of persons entitled to vote in said city at said time, demanding an election of a successor of the person sought to be removed, shall be filed with the city clerk; provided, that the petition sent to the city clerk shall contain a general statement of the grounds for which removal is sought. The signatures to the petition need not be all appended to one paper, but each signer shall add to his signature his place of residence, giving his street and number. One of the signers of each such papers shall make an oath before an officer competent to administer oaths that each signature is that of the person whose name purports to be thereunto subscribed.