In addition to the causes contained in Sec. 3.02 of this Charter, the Council may remove any member of Council for gross misconduct, malfeasance, misfeasance or nonfeasance in office, judicial declaration of incompetency, willful violation of this Charter or persistent and willful failure to abide by the rules of the Council; provided that such removal shall not take place without the affirmative vote of three-fourths of the remaining members of Council, nor until the accused member shall have been notified in writing of the charge against him and given an opportunity to be heard in person or by legal counsel. Such hearing shall be open to the public. The Council and the accused member shall have the power to subpoena witnesses and the production of evidence. The Clerk of Council shall have the power to issue subpoenas for witnesses and the production of evidence on behalf of the Council or the accused member, and shall have the power to administer oaths. An accused member of Council shall not vote on the question of his removal.
The Council may remove the Mayor, City Law Director, City Finance Director, or any other electee officer of the City for gross misconduct, malfeasance, misfeasance, or nonfeasance in office, final conviction of a felony involving moral turpitude, judicial declaration of incompetency, or willful violation of this Charter; provided that such removal shall not take place without the affirmative vote of three- fourths of the members of Council, nor until the accused official shall have been notified in writing of the charge against him and given an opportunity to be heard in person or by legal counsel. Such hearing shall be open to the public. The Council and the accused official shall have the power to subpoena witnesses and the production of evidence. The Clerk of Council shall have the power to issue subpoenas for witnesses and the production of evidence on behalf of the Council or the accused official, and shall have the power to administer oaths.
Upon the required vote to remove a member of Council, the Mayor, City Law Director, City Finance Director, or any other elected official as provided by this section of this Charter, such member, Mayor, City Law Director, City Finance Director, or other elected official shall forfeit his office and such office shall become vacant and shall be filled in the manner provided by this Charter. Any person removed from office under this section of this Charter shall not be eligible to become a candidate for or hold any elective office of the City for a period of five years after his removal.
(Amended 5-8-01; 11-6-12)