The Council shall be the judge of the qualifications of its own members as defined in Section 7.04. The Council shall also be the judge of the conduct of its own members. It may expel or remove any member for gross misconduct or malfeasance or nonfeasance in or disqualification for office, or upon conviction for violation of the oath of office, or persistent failure to abide by the rules of Council, or absence without justifiable excuse from three (3) consecutive regular meetings of Council. Such expulsion or removal shall be upon concurrence of five (5) or more members of Council after a hearing in public upon the charge or charges brought.
The charge or charges against the member shall be initiated by no less than three (3) members of Council signing and introducing written charges at a regular or special meeting of the Council. Thereafter, that member shall be notified in writing by the Clerk of Council of the charge or charges at least thirty (30) days in advance of such hearing by hand-delivery in person to the member, certified mail (return receipt requested), or delivery by a recognized commercial delivery service with signed receipt of delivery returned to the sender.The member of Council shall be given the opportunity at the hearing to be represented by legal counsel at the member’s expense, to be heard, to present evidence, and to examine witnesses appearing in support of such charge or charges.
The decision of Council in expelling or removing a member of Council after compliance with this section shall be final and thereupon the office of any such removed or expelled member of Council shall be vacant, until filled as provided in Section 3.11. (Amended 11-3-20)