§ 100.17  PENALTY FOR VIOLATION; APPEALS.
   (A)   The failure of any officer or employee to comply with this chapter or the violation of one or more of the standards of conduct set forth in this chapter, which apply to him, shall constitute grounds for all legal remedies provided by law which may include, if permissible, expulsion, reprimand, censure, removal from office, or discharge. In the case of a City Council member, the matter shall be decided by a vote of two-thirds of the entire membership of the City Council.
   (B)   The City Council hereby adopts the  following  procedures to implement a censure policy:
      (1)   Two or more elected city officials may file a written notice of censure against another elected city official with the City Secretary. The written notice shall set forth the allegation(s) of conduct which the accused elected official shall have allegedly violated. A copy shall be delivered to all elected members. A written response to the allegation(s) may be filed by the accused elected official ten days after receipt thereof. A copy of the notice of censure and response thereto shall be delivered to each elected official within two days after the response is filed.
      (2)   On the first regularly called meeting of the City Council, which complies with the Texas Open Meetings Act, after the filing of the notice and response, the City Secretary shall formally read the notice and response into the public record. The City Council, by majority vote, shall thereafter determine whether or not good cause shall exist to set a formal hearing on the merits of the notice of censure or dismiss the allegation(s). If it is determined, based upon the merits, a public hearing is required, a public hearing shall be set on the allegation (s) by the City Council. A vote to hold a public hearing shall not be construed to be a vote of censure.
      (3)   At a public hearing, the accused elected official has the right to be represented by legal counsel and present witnesses relative to the allegation(s).
      (4)   A public hearing on the allegation(s) and response shall be held at either a regular or special called meeting of the city council, which shall be open to the public.
      (5)   At a public hearing, the City Council will hear evidence concerning the notice of censure. The elected officials proffering the charges shall present evidence in support of the allegation(s) contained in the notice of censure. The elected official who is the subject of the censure shall have the opportunity to present evidence to support his or her position with respect to the notice of censure. After receiving evidence at an open public meeting, the City Council shall then take a roll-call vote, after motion duly made and seconded, two-thirds of all members of the City Council shall be required to sustain the censure of the Council member.
   (C)   In the case of an employee of the city, disciplinary action and appeals therefrom shall be in conformance with procedures established by the City Charter and personnel rules and regulations.
   (D)   In the case of members of boards or committees, the matters shall be decided by a majority vote of the City Council.
   (E)   The decision of the bodies authorized to hear violations shall be final in the absence of bias, prejudice or fraud.