§11.03 REMOVAL OF ELECTED OFFICIALS AND MEMBERS OF BOARDS AND COMMISSIONS.
(A) Upon notice to the accused elected official or member of any board or commission, and publication of the notice required by Division (D) of this section, and after an opportunity has been given the accused person to be heard and present defenses, the Council shall remove any elected official or member of a board or commission for any of the following causes by a two-thirds vote of the remaining members of the Council, not counting an accused member of the Council:
(1) Unexcused absences from any three consecutive regular meetings of the Council, in the case of elected officials, or the board or commission on which any accused person holds membership, in the case of members of boards and commissions. An absence from a regular meeting may be excused by a majority vote of the Council, in the case of members of the Council, or the board or commission on which any accused person serves, in the case of members of boards and commissions, at any time, including the excusing of any absence after action is initiated for the person's removal under this section.
(2) Failure to possess or maintain the qualifications of the office held by the accused person.
(3) A determination that the accused person is guilty of misfeasance, malfeasance or nonfeasance in office.
(4) A determination that the accused person has wilfully violated any provision of this Charter.
(5) Conviction of any felony or a misdemeanor involving moral turpitude after the date of the election for or during the accused person’s term of office.
(6) Adjudication of the accused person as legally incompetent during his or her term of office.
(B) Upon the removal of any accused person from office pursuant to this section, the office of the offending person shall be vacant, subject to any appeal to and review by an appropriate court, and the vacancy shall be filled as provided in this Charter.
(C) The removal of any official of the City or the occurrence of any of the causes permitting his or her removal shall not invalidate any action of the Council, other elected official or board or commission, in which the official participated. The subsequent removal of a person who fills a vacancy created pursuant to this section, because of the reinstatement, by a court, of the officer removed by the Council shall not invalidate any action of the Council, other elected office, or board or commission in which such person who filled the vacancy participated.
(D) The Council shall be the judge of the election and qualifications of its members, other elected officials and members of boards and commissions, and the grounds for removal from office, and for those purposes shall have the power to subpoena witnesses, administer oaths and require the production of evidence, either on its own motion or through the process of any appropriate court or officer thereof. A person charged with conduct constituting grounds for removal from office shall be entitled to a public hearing on demand, and notice of such hearing shall be published in one or more newspapers of circulation in the City at least one week in advance of the hearing. At such hearing the Law Director, or other special counsel as designated by the Council, shall present evidence and testimnony in support of the grounds charged for removal. Such hearing may be adjourned from time to time without the necessity of further publication of notice. Decisions made by the Council under this section shall be subject to review by the Courts on matters of law and whether the Council acted arbitrarily and without probative evidence to support the grounds for removal.
(Amended 11-7-00.)