The Monongah Town Council has 90 days to decide whether or not to appoint a new mayor.
The council met Monday night, but has not yet made a decision on how to proceed.
A state ruling said newly elected mayor, Bill McCombs, cannot continue serving in the mayoral position while he is employed as the water plant operator.
McCombs defeated Don Harris for the mayor seat in June after a recount was requested.
Out of 198 ballots, both Harris and McCombs received 58 votes each.
McCombs won the position after his name was pulled from a hat.
"The supervising engineer for this office has verified that Monongah has a small population and there are a limited number of certified water operators in certain parts of West Virginia," the West Virginia Ethics Commission said in its report.
"Nonetheless, he has stated that the likelihood that the Town of Monongah could find a qualified operator to fill the water plant supervisor/operator position would be fairly good in that part of the state," it continued.
McCombs said he would give up his position as mayor following the Ethics Commission's decision.
McCombs will continue to serve as mayor during the 90 day transition period.