157.17 REMOVAL OF OFFICERS.

   In all hearings on charges under and pursuant to Section 5.08 of the Charter, the procedure herein set forth shall be followed:

   (a)    All charges, shall be by petition bearing the name and address of the parties and setting forth the charges, together with a brief statement of the facts constituting the charges in ordinary and concise language. Each charge, if more than one, shall be separately stated and consecutively numbered and the petition shall be verified under oath by the petitioner and thereafter filed with the Clerk of Council for service upon the person or persons charged.

   (b)    The Clerk of Council shall cause a copy of the petition to be served upon the person charged by the City Division of Police; personally or by leaving a copy thereof at such person's last known address, and the officer serving the copy thereof, as herein provided, shall make his return of the service effected to the Clerk of Council immediately following the service of a copy on the person charged.

   (c)    A public hearing upon the charges shall be scheduled no sooner than fifteen days after service has been effected upon the person charged.

   (d)    The presiding officer of Council as provided for under Article VII, Section 7.04 of the Charter, shall preside at the hearing unless such presiding officer is the subject of such charge, in which event the Acting Mayor shall so preside and as such presiding officer, shall conduct the hearing fairly and impartially and shall rule upon all questions of law, if any, presented during the course of such hearing.

   (e)    Council shall appoint and provide the presiding officer with special counsel and counsel so appointed shall advise the presiding officer on any and all questions of law.

   (f)    All proceedings shall be recorded and transcripts of such proceedings shall be made available upon payment thereof by the requesting party.

   (g)    Whenever two or more persons are jointly charged, they shall be jointly tried.

   (h)    The charges against the person charged shall be presented by the Law Director and upon completion thereof the person charged shall present the defense, if any, either in person or through counsel employed at such person's own expense.

   (i)    The usual rules of evidence shall apply and be followed wherever practicable in the judgment of the presiding officer during the course of all hearings.

   (j)   Subpoenas for witnesses shall be timely filed with the Clerk of Council and served by the Division of Police upon the person subpoenaed, either personally or by leaving a copy thereof at the address indicated, and the officer serving the subpoena shall make his return of the service effected to the Clerk of Council immediately following such service on the person subpoenaed.

   (k)    Immediately upon conclusion of the hearing, Council shall, in executive session, determine the guilt or the innocence of the person charged and make a public announcement immediately thereafter of its findings.

      (Ord. 2004-180. Passed 12-7-04.)