(A) Any Council person, the Mayor, or City Attorney may submit information to the Council concerning a Council person’s violation of an official duty or is unable to perform his/her duties and request the Council person be expelled.
(B) The Council person accused shall be notified in writing as to the nature of the charges and the facts supporting them. Copies shall be filed with the Clerk.
(C) The accused Council person shall have 15 days to respond to the notice and charges in writing.
(D) Fifteen days after the notice and charges are filed with the Clerk, the President of the Council shall call a special Council meeting, not more than 20 days later. The only matter on the agenda shall be to conduct a hearing and hear evidence for and against expulsion.
(E) The City Attorney, or designee, shall represent the city against the accused Council person at the hearing.
(F) The State Rules of Evidence shall not apply.
(G) The city and the accused shall have the right to subpoena witnesses and compel their attendance. The accused shall have the right to be represented by an attorney; shall have the right to cross-examine witnesses; shall have the right to present evidence and make argument on his or her behalf. The Council Attorney shall provide assistance to the council on all procedural and evidentiary matters.
(H) After the evidence has been concluded, the Council shall deliberate in public session. When deliberations are concluded, the issue of expulsion shall be decided by vote in the public session. A two-thirds majority vote of the elected members shall be necessary to expel a member.
(I) The Council shall make findings of facts and conclusions; these shall be reduced to writing and filed with the Clerk within five days of the hearing and decision.
(J) The accused, if removed, shall have 30 days to seek judicial review as in other administrative matters.
(Ord. 16-0001, passed 2-25-2016)