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§ 30.50 QUALIFICATIONS FOR OFFICE.
   Upon the motion of any member, the Council shall determine the qualifications of any member. An office may be declared vacant by majority vote of the Council membership if the member fails to meet any of the statutory or constitutional requirements of office.
§ 30.51 APPOINTMENTS.
   (A)   All appointments made by the Council shall be made in open session. The Council may not consider the qualifications, competence, performance, character, fitness, appointment or removal of a member of the Town Council or another body and may not consider or fill a vacancy among its own membership, except in an open meeting. Final action making an appointment or discharge or removal by a public body having final authority for the appointment or discharge or removal shall be taken in an open meeting.
   (B)   Appointments to vacancies on Town Council. A vacancy on Town Council shall be filled by the Council for the remainder of the unexpired terms.
      (1)   A candidate for appointment to a vacancy must complete and return to the Town Clerk an application for appointment, on a form approved by the Town Council and available from the town's website and the Town Clerk, by the application deadline established by the Town Council or the Town Clerk.
      (2)   To be qualified for appointment to a vacant Town Council position, a candidate must affirm the following on the application, under oath or by affirmation:
         (a)   The candidate is or will be 21 years of age as of the date of the application deadline; and
         (b)   The candidate resides within the town limits of Boone and has resided within the town limits of Boone for the 30 days prior to the application deadline, so that the candidate would have been qualified to vote in a Town of Boone municipal election had an election been held on the date of the application deadline.
      (3)   The Town Clerk shall reject any application in which the candidate fails to affirm that the candidate meets the requirements of the foregoing divisions (B)(1) and (B)(2).
      (4)   Procedure for appointment.
         (a)   Voting for appointment to a vacant Town Council position shall first proceed by the nomination and ballot method:
            1.   The Mayor shall first open the floor to nominations. Nominations shall be made by Council members from the applicants properly before the Council, but a nomination shall require no "second." Once all nominations have been made, the names of nominees shall be put forward by the members and debated. Upon the conclusion of the debate, the Mayor shall propose each name in alphabetical order and the members shall cast their votes. A nominee receiving a majority of the votes cast shall be appointed.
            2.   Each Council member shall be entitled to one vote for each position. If there are more than two nominees and no person receives a majority of votes in the first vote, the applicant receiving the fewest votes shall be excluded from further votes, and a second vote shall be taken. Unless excused from voting, each member of the Council must cast a vote in each round of voting. Voting rounds may continue in this fashion until a candidate receives a majority of the votes or only two candidates remain for consideration.
         (b)   In the event voting by nomination and ballot results in a dead-lock between two candidates, Council members shall proceed to vote by normal motion procedure as provided at §§ 30.10 through 30.13 herein.
   (C)   Vacancy in Office of Mayor. In case of a vacancy in the office of Mayor, the remaining members of the Council may appoint a successor for the unexpired term.
   (D)   All other appointments. The Council shall use the following procedure to appoint individuals to various subordinate boards, commissions, task forces, advisory bodies or committees, but this shall not apply to the designation by the Council of one or more of its own members to participate or act as liaison to boards, commissions, task forces, advisory bodies, committees or other entities of its own creation or designation or appointment of one more of its own members to participate or act as liaison to other bodies not created by the town.
      (1)   At least two months before any anticipated vacancy on any board, commission, task force, advisory body or committee (the "body") due to the expiration of a term, the department head staffing the body shall notify the Town Clerk of the expected vacancy. For vacancies created by resignation or removal for failed attendance, the department head shall notify the Town Clerk as soon as practical.
      (2)   At least 20 days before the Town Council meeting when the action is to be taken, the Town Clerk shall cause to be published on the town's website notice of the vacancies on town boards, commissions, task forces, advisory bodies and committees for which appointments are contemplated, with the date when action on the appointments is expected. So long as the advertisements soliciting interest for an appointment to a body fully and accurately describe criteria for membership that applies to multiple appointments to that body, the Town Council may fill more than one position on the body from the applications which are received, without regard to the time the vacancy occurs.
      (3)   Any person seeking appointment to a body, including individuals seeking reappointment to the body and student representatives to the body, must complete and submit to the Town Clerk an "Application for Appointment to a Board, Commission, Task Force, Advisory Body or Committee" on a form approved by the Town Council and available from the town's website and the Town Clerk.
      (4)   The Town Clerk shall include in the Board book for the meeting where the appointment shall be considered:
         (a)   A copy of each timely application received for the appointment;
         (b)   A current roster of the membership of the body in question, with terms shown; and
         (c)   A copy of the selection criteria, if any, established under state law or town ordinance, such as the Unified Development Ordinance.
      (5)   Should an application be submitted too late for inclusion in the Board book, it shall be included in the Board book of the Council’s regular meeting the following month. Unless a person’s application is provided in the Board book, the person shall not be considered for the appointment, but this provision shall not prevent the Town Council from delaying appointment of the position in question until a later meeting.
      (6)   Except as superseded by state law or otherwise directed by other town ordinance, a person must be 18 years or older to be eligible for appointment to a board.
      (7)   Except as superseded by state law or otherwise directed by other town ordinance, people who reside in the town shall generally be favored for appointment to town bodies over people who reside outside the town. However, when an applicant does not reside in the town, but has particular skills or experience that make appointment of that applicant desirable, the applicant may nevertheless be appointed.
      (8)   The Town Council shall generally avoid appointment of any one person to more than two bodies. In addition, no person other than a Town Council member shall be allowed to serve on more than three concurrently existing town bodies, including boards, commissions, task forces, advisory bodies, committees or other entities. Any person inadvertently appointed to more than three bodies shall be given an opportunity to resign from a sufficient number of bodies to meet this limit, but after notice, if the person fails to effectuate the resignations by notice to the Clerk within 30 days, the Town Council shall designate the bodies upon which the person shall continue to serve, and the designation shall operate to remove the person from all other bodies.
      (9)   Council member may request that applicants for a body be present at the Council meeting during which the appointment is expected to be made so that the applicant may be questioned by members of the Council as to the applicant’s qualifications. Even if no request is made, it shall be proper for Council members to directly contact applicants to discuss the applicant’s interest in and qualification for the appointment.
      (10)   At the meeting during which an appointment is to be made, the Mayor shall first open the floor to nominations. Nominations shall be made by Council members from the applicants properly before the Council, but a nomination shall require no “second”. Once all nominations have been made, the names of nominees shall be put forward by the members and debated. Upon the conclusion of the debate, the Mayor shall propose each name in alphabetical order and the members shall cast their votes.
      (11)   Each Council member shall be entitled to one vote for each position, and when multiple appointments are made, each member cast each vote for a different nominee. Voting shall continue until a nominee receives a majority of the votes cast, whereupon that person shall be appointed. If more appointments are to be made and an insufficient number of nominees receives a majority of votes, there shall be successive votes until the requisite appointments are made by majority vote. In each successive vote, any persons receiving a majority of votes in the previous round and the applicant with the fewest votes from the previous vote shall be excluded from further votes. If no person receives a majority of votes in the second vote, the applicant receiving the fewest votes in the second vote shall be excluded from further votes, and a third vote shall be taken. Unless excused from voting, each member of the Council must cast a vote in each round of voting.
      (12)   Members of a board, commission, task force, advisory body, committee and other entity (hereafter, “the body”), except in cases in which a particular term of service is specified, are appointed for the duration of the body. However, if the duration of the body is indefinite, unless the Town Council specifies a different term of membership, membership will be for three years and may be renewed for one additional three-year term. Unless otherwise specified by the Town Council, no person may serve on the body for more than six consecutive years, but a person may be reappointed to the body following a one-year period of non-membership. Unless the Town Council takes specific action to excuse the absences and reappoints a member of the body after being informed by the Town Clerk of the member’s removal, a member shall be automatically removed for failure to attend three consecutive meetings or for failure to attend 50% of the meetings within any 12-month period. Absence due to sickness, death or other emergencies of like nature shall be recognized as excused absences, and shall not be included in the attendance calculations nor affect the member’s status on the body; except that, in the event of a long illness or other cause for prolonged absence, the member shall be replaced. The Town Clerk shall notify any member who has been removed. In addition, a member of the Town Council may propose removal of a member for any cause related to the performance of official duties, but before removal on that basis, the member shall be given an opportunity to appear before the Town Council to address the issues involved.
      (13)   Except for age and residency requirements, any of the foregoing provisions may be waived by a four-fifths majority vote of Council where deemed necessary in light of exigent circumstances. The Council recognizes that the urgency of filling such vacancies may vary depending upon the circumstances of the vacancy.
(Ord. passed 6-15-2006; Ord. passed 4-17-2008; Ord. passed 6-19-2008; Ord. passed 10-29-2008; Ord. passed 6-18-2009; Ord. passed 4-15-2010; Ord. passed 8-17-2010; Ord. passed 2-19-2015; Ord. passed 3-18-2021)
§ 30.52 CODE OF ETHICS.
   (A)   General principles underlying the Code of Ethics.
      (1)   Purpose. The purpose of this Code of Ethics is to establish guidelines for ethical standards of conduct for members of the Town Council, including the Mayor and members of the town's various volunteer boards, committees and task forces (hereinafter, "committees") and to provide guidance in determining what conduct is appropriate in particular cases. This Code should not be considered a substitute for the law or for a Council member's best judgment, and the provisions herein should be considered minimum standards and examples. Town Council and committee members shall strive to bring the perception and actual honesty to all endeavors related to town matters or which may reflect on the public perception of the town.
      (2)   Commitment to the Code of Ethics. No person elected or appointed to the Town Council or appointed to a committee of the town shall begin official duties until that person has certified that he or she has read this Code of Ethics. Each person so elected or appointed shall be provided by the Town Clerk with a copy of this Code of Ethics.
      (3)   Foundation of Code of Ethics. The Code of Ethics is founded on the following ideas and they shall inform the interpretation of the Code of Ethics.
         (a)   The stability and proper operation of democratic representative government depends upon public confidence in the integrity of the government and upon responsible exercise of the trust conferred by the people upon their elected officials and the other persons they appoint to transact the government's business.
         (b)   Governmental decisions and policy must be made and implemented through proper channels, and fair and open processes of the governmental structure to the extent possible.
         (c)   Elected local government officials must be able to act in a manner that maintains their integrity and independence, yet is responsive to the interests and needs of those they represent, without fear of reprisal or condemnation.
         (d)   Elected local government officials must always remain aware that at various times they play different roles:
            1.   As advocates, who strive to advance the legitimate needs of the citizens;
            2.   As legislators, who balance the public interest and private rights in considering and enacting ordinances, orders and resolutions; and
            3.   As fair and impartial decision-makers, when making quasi-judicial and administrative determinations.
         (e)   Elected local government officials must know how to distinguish among these roles, to determine when each role is appropriate, and to act accordingly.
         (f)   Elected local government officials must be aware of their obligation to conform their behavior to standards of ethical conduct that warrant the trust of their constituents. Each official must ultimately find within his or her own conscience the touchstone by which to determine what conduct is appropriate.
         (g)   People serving on the various boards, committees and task forces (hereinafter referred to as "committee members") that often inform the legislative, administrative and decision-making processes must exercise their roles in a manner as to justify the trust placed upon them by their elected officials, and they must not use their positions for improper purposes.
   (B)   Code of Ethics.
      (1)   (a)   Principle 1-1. Town Council and committee members should obey all laws, including state and federal laws and regulations, and local ordinances which apply to their official actions.
         (b)   Principle 1-2. Town Council and committee members should be guided by the spirit as well as the letter of the law in whatever they do.
         (c)   Principle 1-3. Town Council and committee members shall endeavor to keep themselves up to date about new or ongoing legal or ethical issues they may face in their official positions. They should avail themselves of resources and training in these areas which may be reasonably available to them. Town Council and committee members should review the pertinent sections in the town's code, Unified Development Ordinance and other sources concerning the procedures by which they perform their duties so that they will be knowledgeable and informed as they do so.
      (2)   Mandates:
         (a)   Town Council and committee members must ask to be recused from voting on matters involving their own direct or indirect financial interests or official conduct and must not participate in the deliberations or votes regarding the matters. They must avoid attempting to influence others who are involved in approving, making or administering a contract with the town if they will derive a direct benefit from the contract.
         (b)   Town Council and committee members must avoid soliciting or receiving any gift or reward in exchange for recommending, influencing or attempting to influence the award of any contract by the town.
         (c)   Town Council members and committee members shall reject any gift or favor from a current, past or potential contractor of the town.
         (d)   Town Council members and committee members should not knowingly accept any gift unless it falls within one of the exceptions set forth below. A prohibited gift shall be promptly declined, returned, paid for at fair market value, or donated to charity or the city.
            1.   Exceptions. These prohibitions shall not apply to any of the following:
               a.   Gifts from the official’s extended family, or a member of the same household.
               b.   Anything generally made available or distributed to the general public without charge.
               c.   A memento such as a commemorative shovel, plaque, figurine, trinket, or novelty item related to a civic occasion or event.
               d.   Informational materials relevant to the duties of the official.
               e.   Food and beverages for immediate consumption in connection with any of the following gatherings, so long as the official pays the same amount, if any, that other attendees are charged for attending the gathering or for the food and drink:
                  i.   A meeting of the Town Council (or committee).
                  ii.   Business meetings.
                  iii.   A gathering open to the general public.
               f.   Tickets or admittance to, and food and beverages for immediate consumption at, an event or meeting where the official is clearly representing the town and where the town has a legitimate purpose in being represented at the event. By way of illustration but not limitation, this would include community events sponsored by the town and events or meetings hosted by the Boone TDA, the Downtown Boone Development Association, local government agencies and authorities, Appalachian University and other educational institutions, and similar organizations.
            2.   For purposes of this division,“gift” means anything of monetary value given or received without fair market value given in return or, for loans or other contractual arrangements, on terms that are not available to the general public in the normal course of business. Gifts do not include the following:
               a.   Academic or athletic scholarships given based on the same criteria as applied to the general public.
               b.   Anything of value properly reported as required under G.S. Ch. 163, Art. 22A (North Carolina Campaign Contributions Law).
               c.   Expressions of condolence related to a death of an individual, including the giving of a sympathy card, letter, or note, flowers, food or beverages for immediate consumption, or donations to a religious organization, charity, the state or a political subdivision of the state, not to exceed a total of $200 per death per donor.
         (e)   Town Council and committee members shall avoid using knowledge of a contemplated action by the town, or information learned in their official capacities and not made public, to acquire a financial interest in any property, transaction or enterprise, or to otherwise gain a financial benefit that may be affected by the information or contemplated action, and they shall not help another person in doing so.
         (f)   Town Council and committee members shall not participate in or vote upon any quasi-judicial matter coming before them if prior to hearing the evidence of the case they have a fixed opinion that is not susceptible to change; they have had undisclosed ex parte communications regarding the substance of the matter involved; they have a close familial, business or other associational relationship with an affected person; or they have a financial interest in the outcome of the matter.
         (g)   Every Town Council member shall attend statutorily mandated ethics training.
      (3)   (a)   Principle 2-1. Town Council and committee members should act with integrity and with independence from improper influence as they exercise the functions of their offices.
         (b)   Principle 2-2. Town Council and committee members should use their best independent judgment to pursue the common good as they see it, presenting their opinions to all in a reasonable, forthright and consistent manner.
         (c)   Principle 2-3. Town Council and committee members should not be subject to improper influence by family, friends, business associates or others who are motivated by self-interest rather than the common good, but they must be able to consider the opinions and ideas of others throughout the community as they formulate approaches to the issues with which they are presented.
         (d)   Principle 2-4. Town Council and committee members should strive to show respect toward other persons with whom they interact, including each other, recognizing that they may often be perceived as representing the town itself even when they are acting in a personal capacity.
         (e)   Principle 2-5. Town Council and committee members shall strive to not form a final opinion regarding an issue until all sides have been given a reasonable opportunity to present their viewpoints.
         (f)   Principle 2-6. In situations in which recusal from voting or participation is not allowed, but an objective observer may believe that a conflict of interest exists, Town Council members shall seek to explain their inability to seek recusal while striving to discharge their responsibilities to advance the common good.
      (4)   Mandates:
         (a)   Town Council and committee members must be free to assert policy positions and opinions without fear of reprisal from fellow Town Council or committee members or citizens. So, to assert that a Town Council or committee member is behaving unethically based simply upon a disagreement with that Town Council or committee member related to a question of policy, as opposed to the Town Council or committee member's actual unethical behavior, is unfair, dishonest, irresponsible and itself unethical.
         (b)   Town Council and committee members who are involved in quasi-judicial procedures shall actively avoid inappropriate contacts with interested persons regarding the issues involved in those procedures, and when despite their best efforts they engage in the contacts, they shall disclose them and withdraw from participation in the procedures.
      (5)   (a)   Principle 3-1. Town Council and committee members should avoid impropriety in the exercise of their official duties. Their official actions should be above reproach.
         (b)   Principle 3-2. Town Council and committee members should recognize that they are part of a larger group and should act accordingly. They should respect their office and not behave in ways that reflect badly on it. They should treat other Town Council and committee members and the public with respect, and should honor the opinions of others even when they disagree.
         (c)   Principle 3-3. If a Town Council or committee member concludes that his or her actions which the Town Council or committee member believes are legal and ethical may be misunderstood, he or she should seek the advice of the Town Attorney as to whether the actions are legal and ethical. Alternatively, he or she may state on the record the facts of the situation and the steps taken to resolve it.
      (6)   Mandates:
         (a)   A Town Council or committee member should never make a request to a town employee, including the Town Manager, for an action, forbearance or other thing of value which would benefit himself or herself or any other person or entity, whether or not the Town Council and committee member has a familial, business or other relationship with that person or entity, unless as an ordinary citizen of the town it would be appropriate to make a request. Even in instances where a request would ordinarily be appropriate, a Town Council or committee member making a request must disclose to the employee that he or she is not entitled to preferential treatment, that the request should be rejected if it would not customarily be granted to an ordinary citizen of the town, and that the employee may refuse the request without fear of reprisal.
         (b)   Town Council and committee members shall not attempt to influence a decision by the Town Council or the committee on which they serve relative to any action from which they will derive a direct financial benefit, although they shall not be precluded from appearing in an individual capacity to testify in quasi-judicial zoning procedures which have a substantial impact upon their own property interests so long as those interests are disclosed.
         (c)   Town Council and committee members shall not solicit or accept any gift or other thing of value which might be perceived as affecting any vote or decision involving the donor, but the receipt of an honorarium for participating in a meeting, the receipt of an advertising item or souvenir of nominal value or a meal furnished at a banquet will not be considered a violation of this principle so long as it does not actually influence the Town Council or committee member in the discharge of his or her official duties. In the event a Town Council or committee member has inadvertently accepted a gift or other thing of value from a person seeking action by the town, the Town Council member or committee member may not attempt to influence the decision or participate in any vote relating to the decision.
         (d)   Town Council and committee members must recognize that unless specifically charged with representing the town, Council or committee, they are not authorized to act on behalf of the town, Council or committee, and they should not offer their opinions, positions or analysis as representing the views of the town, Council or committee unless the Council or committee has itself taken official action as a body in conformity with those opinions, positions or analysis.
         (e)   Town Council members and committee members shall not demand information from other Town Council members or committee members to which they are not legally entitled by threatening to take formal legal action or by making a public records request against the other if the recipient of the request refuses to provide the requested information.
      (7)   (a)   Principle 4-1. Town Council and committee members should be faithful in the performance of the duties of their offices.
         (b)   Principle 4-2. Town Council and committee members should be diligent in their attendance at meetings and in their preparation for those meetings. They should carefully analyze all credible information that is provided to them and recognize the importance to the well being of the town and its citizens of many of their decisions.
         (c)   Principle 4-3. Town Council members shall seek full accountability from those over whom the Town Council has authority, particularly with regard to the expenditure of public funds.
         (d)   Principle 4-4. Town Council members should set a good example for others in the community, keeping in mind that trust and respect must continually be earned.
         (e)   Principle 4-5. Town Council and committee members should be willing to bear their fair share of the workload, commensurate with their skills and other commitments.
         (f)   Principle 4-6. Town Council members in particular should strive to recognize that by accepting the public trust, they may have to subordinate their personal endeavors to discharge their official responsibilities. To the extent appropriate, they should be willing to put the town's interests ahead of their own.
      (8)   Mandates:
         (a)   Town Council and committee members should keep confidential information entrusted to them in legally called and held closed sessions, the disclosure of which has or may have a negative impact on the interests of the town itself, and they shall keep private confidentially obtained information about other members which would embarrass those members or expose them to public ridicule, but which has no bearing on the performance of any official duty.
         (b)   Unless such service has been authorized by action of a super majority of the Town Council, four-fifths of the members in attendance, upon a finding that individual service is in the interests of the town as a whole and that an exception should therefore be made, members of the Town Council shall not serve on the boards of directors of organizations that have contracts with the town, or that seek funding or similar support from the town.
      (9)   (a)   Principle 5-1. Town Council and committee members shall conduct the affairs of their boards in an open and public manner.
         (b)   Principle 5-2. Town Council and committee members should remember when meeting that they are conducting the public's business.
         (c)   Principle 5-3. Town Council and committee members should remember that except for those records otherwise protected by law against public disclosure, the records of the town belong to the public and not to them or the town's employees. They should make clear that a climate of openness is to be maintained at all times in the town.
         (d)   Principle 5-4. In order to ensure strict compliance with the laws governing openness, Town Council members should prohibit unjustified delays in fulfilling public records requests should they become aware of the delays. They should assure themselves before they go into closed session that the closed session is called for a lawful purpose.
      (10)   Mandates: Town Council and committee members must comply with all applicable laws governing open meetings and public records.
   (C)   Censure procedures.
      (1)   If the Town Council has reason to believe that one of its members or a member of a town committee has violated a mandate of this Code of Ethics, by majority vote of the Town Council members present and voting, it may open an investigation into the matter, using the resources of the town to compile the necessary information to make a determination. If the proceeding involves a Town Council member's actions, that member shall not participate in the vote to authorize the investigation.
      (2)   Following investigation, all information compiled, including any grounds for the finding of probable cause that a mandate has been violated shall be summarized in writing by the Town Manager, Town Attorney or other person as may be designated by the Town Council, and the written summary shall be shared with the accused Town Council or committee member promptly when it is available. All information pertaining to the case shall be open to public inspection and copying as pursuant to G.S. §§ 132-1 et seq.
      (3)   Following the investigation and report, should the Town Council determine, by vote of a two-thirds majority of those present and voting, that it wishes to proceed further with a censure proceeding, it shall call for and schedule a quasi-judicial hearing at a regular meeting or special meeting convened for that purpose. If the proceeding involves a Town Council member's actions, that member shall not participate in the vote to proceed or schedule the hearing.
      (4)   The notice of the hearing stating its time, place, and purpose shall be published at least two times, once each in two separate calendar weeks in a newspaper of general circulation, or it shall be advertised daily for at least ten days on the town's official website. If placed in the newspaper, the initial notice shall be published at least ten days and not more than 25 days before the date set for the hearing and shall state that the summary regarding the allegations against the Town Council or committee member is available for public inspection and copying in the office of the Town Clerk.
      (5)   The hearing shall be convened at the time and place specified. Any and all votes during the hearing and any deliberations that follow shall be taken by a vote of the full Town Council in attendance and participating, and each vote shall be recorded in the minutes. The hearing and any deliberations shall be conducted in open session in accordance with the requirements of the state's open meetings statutes, G.S. §§ 143-318.9 and 143-318.10.
      (6)   The accused Town Council or committee member shall have the right to challenge the participation in the case of any other Town Council member or the Presiding Officer, based on bias or self-interest. If a challenge is made, the Town Council shall immediately hear evidence and vote on the challenge in a separate hearing conducted for that purpose. It shall not be a basis for removal of a Town Council member that he or she was the person who offered the motion to investigate the behavior in question or to conduct the hearing. Neither the accused Town Council member, if any, nor the Town Council member whose participation is challenged, may vote on the challenge although both may offer evidence. The challenge shall be decided by a majority vote of those present and voting, a quorum being present not including the person accused and the person challenged. If more than one person's participation is challenged, however, a separate hearing shall be conducted as to each challenged member's participation and all members, except the accused member and challenged member shall participate in the vote as to the right of the challenged member to participate.
      (7)   The rules governing any hearing as to bias and the hearing on the underlying ethical charges shall be those that apply to a standard quasi-judicial hearing, and an audio or video recording of the proceedings shall be made. All hearings on this policy shall be conducted by the Town Attorney. During the hearing, the accused Town Council or committee member shall have the right:
         (a)   To have counsel present;
         (b)   To present and cross-examine expert and other witnesses; and
         (c)   To offer evidence.
      (8)   Any person in attendance at the hearing with knowledge of the alleged incident(s) giving rise to or materially related to the allegation shall be given an opportunity to testify, and all testimony shall be taken under oath.
      (9)   Once the hearing is concluded, it shall be closed by majority vote. The Presiding Officer shall then entertain a motion to adopt a non-binding resolution censuring the Town Council or committee member based on specified violations of the mandates of the Code of Ethics. Any motion made must be an affirmative one in favor of adopting a non-binding resolution of censure. If the motion or resolution does not state particular grounds for censure under the Code of Ethics, the Presiding Officer shall rule it out of order. If a motion to adopt a non-binding resolution of censure stating particular grounds under the Code of Ethics has been made, the Board shall debate the motion. The accused Town Council member, if any, and any other Town Council member who has been removed from participation because of bias or self-interest may remain present, but shall not be allowed to participate in the debate. At the conclusion of the debate, the Town Council shall vote, except for the accused Town Council member, if any, and any other Town Council member who has been removed from participation. If the motion is approved by a minimum two-thirds vote of those present and voting, a quorum being present, the motion will be approved and the non-binding resolution of censure adopted. The quorum requirement shall be met if the requisite number is present, even though removal of some from participation may prevent a quorum from actually voting on the issue.
      (10)   If a resolution of censure is adopted, it shall become a part of the official record of the Town Council. If it pertains to a member of a committee, it shall be the basis for further action, which may be taken immediately following the vote of censure, to remove the committee member from the committee upon which he or she serves.
(Ord. passed 11-16-2010; Res. passed 11-20-2014; Ord. passed 8-13-2019; Ord. passed - -)
§ 30.53 ROBERT'S RULES OF ORDER.
   Robert's Rules of Order shall govern all procedural matters not addressed by the provisions of this chapter. However, no action taken by the Council shall be invalidated by a failure to abide by Robert's Rules of Order.