(A) The Clerk of Council shall:
(1) Serve upon the charged Council member by certified mail or personal delivery a copy of the written motion of charges made against said Council person which shall include the date, time and place of the hearing to be convened to hear said charges.
(2) Shall issue subpoenas for any person or for the production of any documents as requested by any member of Council, the Law Director or city's legal representative, and any attorney representing the charged Council person or any witness subpoenaed to appear.
(B) The city's Law Director, or any other attorney designated by the Law Director, or by City Council shall:
(1) Arrange for the appearance of a certified court reporter for the purposes of recording verbatim, by stenographic or video means, the proceedings.
(2) Shall assist the Council during the hearing by providing legal advice, the questioning of witnesses, and in any other way to assure a fair, impartial and orderly hearing.
(C) At least two-thirds of all Council members must be present during the hearing process.
(D) The Mayor, or in his or her absence or inability the First or Second Vice Mayors, per § 31.08 of the Codified Ordinances of the city, is hereby designated as chairperson of the hearing and shall administer to all witnesses an oath required for testimony during the progress of the hearing.
(E) Although all Council members, the charged Council member or any other individual are permitted to appear at the hearing as a witness, the chairperson is granted the authority to limit the number of witnesses in order to avoid the presentation of redundant or cumulative evidence or to avoid the presentation of irrelevant or immaterial testimony.
(F) Any member of Council, after appropriate recognition by the chairperson, may be permitted to ask questions of any witness.
(G) It shall be unlawful for any person subpoenaed to refuse to comply with the subpoena.
(H) It shall be unlawful for any person called as a witness before any such committee to refuse to be sworn or to refuse to answer any proper question.
(I) Although strict conformity to legal rules of evidence will not be necessary during the hearing, only relevant and material evidence will be permitted. Evidence received shall be presented in the following forms:
(1) Sworn testimony by competent witnesses.
(2) Affidavits, documentary evidence and/or written reports provided that such evidence has been presented to the chairperson at least seven days prior to the hearing, unless the time is modified by the majority of Council.
(3) Notwithstanding the above limitations upon evidence, Council may receive additional evidence as it deems proper.
(4) All evidence received shall be given such weight as Council deems it is entitled to after consideration of any objections which may be made.
(J) Council's report and decision:
(1) Within 30 days after the hearing, the chairperson shall file with the Clerk of Council a report and decision signed by all Council members who concur with the decision set forth therein. The decision shall set forth the expulsion or discipline. Any vacancy created by the expulsion shall be filled as provided by the City's Charter and ordinances. On the day of its receipt, the Clerk of Council, by ordinary mail, forward copies of the decision to the accused and, if known, the accused's attorney.
(2) Legal affect of decision. The decision of Council may be appealed by the accused Council member within 30 days after the date affixed it by Council. Said appeal shall be to the Court of Common Pleas of Hamilton County, Ohio.
(3) Within 30 days after receipt of a notice of appeal, City Council shall have prepared and certified by the Clerk of Council to the Hamilton County Common Pleas Court a complete record of the proceedings in the case, including the motion of charges, transcript of the hearing and copy of Council's decision. Additional time may be granted by the Court. Such records shall be prepared and transcribed, and the expense of it shall be taxed as part of the cost on the appeal. The appellant shall provide security for cost satisfactory to the Court of Common Pleas.
(4) In the hearing of the appeal, the Common Pleas Court is confined to the record as certified to it by the Clerk of Council. The Court may grant a request for the admission of additional evidence when satisfied that such additional evidence is newly discovered and could not, with reasonable diligence, have been ascertained prior to the hearing before City Council.
(5) The hearing in the Court of Common Pleas shall proceed as in the trial of a civil action, and the Court shall determine the rights of the parties in accordance with the laws applicable to such action. At such hearing, Council may be heard on oral argument, briefs may be submitted, and evidence introduced if the Court has granted a request for the presentation of additional evidence.
(6) The Court may affirm the decision of City Council complained of in the appeal if it finds, upon consideration of the entire record and such additional evidence as the Court has admitted, that the decision is supported by reliable, probative and substantial evidence and is in accordance with the law. In the absence of such a finding, it may reverse, vacate or modify the decision, or make such other ruling as is supported by reliable, probative and substantial evidence, and is in accordance with the law. All parties shall pay its own costs, including attorney fees, associated with the appeal.
(7) The judgment of the Court shall be final and conclusive unless reversed, vacated or modified on appeal. Such appeal may be taken either by the party or the Council, and shall proceed as in the case of appeals in civil actions. Any such appeal shall be taken on questions of law relating to the constitutionality, construction or interpretation of the city's Charter, ordinances, and rules of Council, and in such appeal the Court may also review and determine the correctness of the judgment of the Court of Common Pleas, whether the decision of Council is supported by reliable, probative and substantial evidence in the record.
(8) The appeal may proceed under the administrative hearing procedures set forth in the R.C. §§ 119.07, 119.08 and 119.09, upon agreement of the parties, but only as to such procedures set forth therein that would not conflict with those specified herein.
(Ord. 14-1994, passed 5-2-94)