When the Mayor has reason to believe that any officer or employee of the Municipality has been guilty in the performance of his official duties of misfeasance, malfeasance, nonfeasance, misconduct in office, gross neglect of duty, gross immorality, or habitual drunkenness, he shall immediately file with Council written charges against such person, setting forth in detail a statement of such alleged guilt, and, at the same time, or as soon thereafter as possible, serve or cause to be served, a true copy of such charges upon the person against whom the charges are made. Such service may be made in person or by leaving a copy of the charges at the office or the usual place of residence of such person, and due return of such service shall be made to Council as is provided for the return of service of summons in a civil action.
When so filed with Council, such charges shall be for hearing at the next regular meeting thereof, unless Council, with the consent of the accused, shall extend the time of hearing. The accused may appear in person or by counsel, examine all witnesses and answer all charges against him. The judgment or action of Council shall be final; but to remove such officer or employee so charged, the votes of five (5) members of Council shall be required.
Pending any such proceedings, such person may be suspended by a majority vote of all members of Council; but such suspension shall not be for a longer period than fifteen (15) days unless the hearing of such charges is extended with the consent of the accused, and in such event the suspension shall not exceed a period of thirty (30) days.
For the purpose of investigating charges against an officer or employee, Council may issue subpoenas or compulsory processes to compel the attendance of persons and the production of books and papers before Council, and may provide by ordinance for exercising and enforcing this provision.
In all cases in which the attendance of witnesses may be compelled for such investigation, any member of Council may administer the requisite oaths, and Council shall have the same power to compel the giving of testimony by the attending witnesses as is conferred upon courts of justice. In all such cases, witnesses shall be entitled to the same privileges, immunities and compensation as are allowed witnesses in civil cases, and the cost of all such proceedings shall be paid from the General Fund of the Municipality.