The office of an elective officer of the Municipality shall be declared vacant by resolution of Council upon determination that the elective officer:
A. Does not possess, or has ceased to possess, the qualifications of office; or
B. Has failed to take the required oath or to give any bond required of him within twenty days (20) after notification of his appointment of election, or obligation to give a new or additional bond; or
C. While in office has been convicted of a felony or crime involving moral turpitude; or
D. Is guilty of gross misconduct, gross neglect of duty, misfeasance, malfeasance or nonfeasance in office; or
E. Has been adjudicated legally incompetent; or
F. Has violated his oath of office.
G. Has not met the attendance requirements. The Clerk of Council shall maintain records of attendance for each council member. At the first regular meeting in January, April, July and October of each year, the clerk shall place a Resolution on the Council agenda calling for a public meeting to discuss the removal of any council member who did not attend four of the six regularly scheduled meetings for the preceding three months. Or, if at any time a Council member misses three meetings in succession, the clerk shall also place a resolution on the Council agenda calling for a public meeting to discuss the removal of said Council member. The member considered in the Resolution shall have the opportunity to present to Council the reasons for the absences. Consideration shall be given to such absences as it relates to illness and military service.
Council shall be the sole judge of the election and qualifications of its own members. In addition to the grounds for removal provided above, Council may remove any of its members for persistent failure to abide by the rules of Council.
The decision of Council to remove a Council Member shall be made only upon the affirmative vote of three-fourths (3/4) of the Members of Council entitled to vote on such question after public hearing upon the charge or charges brought; and provided further, that the accused officer shall have been notified in writing of the charge or charges against him at least fifteen (15) days in advance of such public hearing; and provided further, that he or his counsel shall have been given an opportunity to be heard, present evidence, and examine witnesses appearing in support of such charge or charges. The hearing may, if a majority of a quorum of the council approves of such by motion, be held in executive session consistent with Ohio Law. An accused Member of Council shall not vote on the question of his removal. The decision of Council after compliance with this section shall be final. Upon the removal of such officer, the vacancy thereby occurring in such office shall be filled in the manner provided by this Charter, and the officer so removed shall not be eligible for appointment to fill such vacancy. (Amended November 2, 2010)