Section 44. Removal from Office.
   (a)   Any elected official of the City may, by a majority vote of the members of City Council not including the elected official who is the subject of the removal, be removed from office upon the occurrence of any of the following:
      (1)   In the case of a member of City Council, the persistent and willful failure to abide by the rules of City Council;
      (2)   A conviction of dereliction of duty under the Ohio Revised Code while serving as an elected official of the City;
      (3)   Gross misconduct, malfeasance, misfeasance, or nonfeasance in office while serving as an elected official of the City;
      (4)   A judicial declaration that the elected official is incompetent while serving as an elected official of the City;
   (b)   The elected official against whom removal is sought shall be entitled to reasonable notice that the issue of their removal shall be heard by City Council and shall be permitted to testify in their own behalf and present such other relevant evidence as determined by the majority of the other members of Council at such Council meeting.
   (c)   Council shall be the sole judge of the grounds constituting forfeiture of office and removal from office. Council shall initiate the process to establish grounds for forfeiture of office or removal from office by motion.
   (d)   Upon a vote by a majority of the members of Council, other than the elected official who is the subject of the forfeiture or removal, that grounds exist which subject such elected official to forfeiture of office or removal from office. Council shall instruct the Clerk of Council to notify the elected official in writing of such forfeiture or removal. Thereafter, the position of the elected official shall be filled in the manner set forth in the Charter for the filling of vacancies in office.
(Amended Nov. 8, 2011)