SECTION 3. VACANCY AND REMOVAL.
   If the Council determines that the Mayor is temporarily incapacitated or is unable to perform his duties, the Council President shall be Acting Mayor. The time as Acting Mayor shall not exceed ninety (90) days without a vote by Council. When serving as Acting Mayor, the Council President shall not cease to be a Councilperson, but shall forfeit any of the duties of a Councilperson.
   In case of the Mayor's death, resignation, removal or disqualification, the Council President shall immediately become Mayor for the remainder of the unexpired term and until a successor is elected and qualified. When the Council President assumes the Office of Mayor, such person's office as Councilman and as Council President are vacated.
   The Council may remove the Mayor for gross misconduct, or malfeasance in or disqualification for office, or for the conviction while in office of a crime involving moral turpitude, or if adjudicated legally incompetent, or for a violation of the Mayor’s oath of office. The removal shall require the unanimous vote of all Members elected to Council. The Mayor shall be notified in writing of the charge against such official at least fifteen (15) days in advance of a public hearing upon such charge, and the Mayor and Mayor’s counsel shall have an opportunity at the hearing to be heard, present evidence and examine any witness appearing in support of the charge. (Amended 11-7-00)