Any Councilperson may file a written, sworn and signed complaint with the Chair of the Council Administrative Committee alleging a violation of law, ordinance, and/or Council Rules on his or her personal knowledge which allegations(s) may be grounds for removal of the named Councilperson. The complaint must state fully the subject matter to be considered.
The Council Administrative Committee shall act as investigative staff for the Euclid City Council in any allegation of act(s) by a Councilperson which may be grounds for reprimand or removal of that Councilperson.
On receipt of a Councilperson's sworn complaint, the Chairperson of the Council Administrative Committee shall:
(a) Review the sworn complaint as to proper form, determining whether the complaint alleged falls under the scope of Council as defined by statute, Charter, and through this Chapter as is proper; and
(b) Inform the Council and named Councilperson of receipt of the Complaint; and
(c) Request the Law Director and/or other City of Euclid Administration member(s) to assist in the investigation of the complaint and report all findings back to the Chairperson of the Council Administrative Committee for further review by the Council Administrative Committee; and
(d) Schedule the complaint for further review and consideration by the Council Administrative Committee.
On completion of the investigation and review of the complaint by the Council Administrative Committee, it shall make a written report and recommendation, that has been approved by 2/3 of its members, to Euclid City Council that the matter should be:
(a) Dismissed due to lack of merit; or
(b) Scheduled for a hearing before Euclid City Council; or
(c) Referred for further action to the appropriate governmental or law enforcement agency.
If a hearing on the Complaint is determined, the Euclid City Council shall set a date for the hearing not more than 30 days from receipt of the written report from the Council Administrative Committee. Notice of the hearing shall be given to Councilpersons involved by personal service or certified mail return receipt requested at least fifteen days in advance of such public hearing; and provided further, that the Council member or his/her counsel shall have been given an opportunity to be heard, present evidence, and examine and cross-examine witnesses appearing in interest of such charge or charges, or appearing on behalf of the accused.
The Mayor shall preside over the hearing. A member of the Council Administrative Committee, or another person designated by the Council Administrative Committee, shall present evidence to Euclid City Council and shall call witnesses if necessary.
After the hearing, the Euclid City Council shall bring the request to remove a Councilperson by a Resolution outlining the specific charges. Council shall, by a vote of 7/8 of its members, except for the Councilperson involved in the complaint, remove any member upon determination that the member:
(a) Does not possess, or has ceased to possess, the qualifications of office per Article II, Section 1 of the Charter of the City of Euclid; or
(b) Has failed to take the required oath of office; or
(c) While in office has been convicted of felony or crime involving moral turpitude which may include: (1) fraud against a person or society; (2) egregious sexual misconduct, and/or (3) falsification and dishonesty; or
(d) Has been adjudicated by a court of competent jurisdiction to be mentally incompetent; or
(e) Has violated the Council member's oath of office; or
(f) Has been absent without valid excuse, where such absence has continued for two months.
The decision of Council, after compliance with the above, shall be final.
The member removed as provided in this Section shall not be eligible for appointment to any vacancy created thereby.
(Ord. 53-2021. Passed 4-19-21.)