3.10 FORFEITURE OF OFFICE.

   (a)    GROUNDS CONSTITUTING FORFEITURE.

   The office of a Council member shall be forfeited upon a determination that the Council member:

(1)    Has pled to or has been convicted of any felony or a misdemeanor involving moral turpitude while in office;

(2)    Has pled to or has been convicted of any crime involving dereliction of duties while in office;

(3)    Lacks, or is found to have lacked, at any time prescribed by this Charter, any eligibility requirement of Section 3.02(b) of this Charter;

(4)    Has violated any prohibition of Section 3.03(a) of this Charter; or

(5)    Has failed to attend three consecutive regular meetings of Council without being excused by Council.

   (b)    JUDGE OF GROUNDS CONSTITUTING FORFEITURE.

   Council shall be the sole judge of the grounds constituting forfeiture of office. Council shall initiate the process to establish grounds for forfeiture of office by motion and shall have the power to subpoena witnesses, administer oaths and require the production of evidence.

   (c)    NOTICE AND PUBLIC HEARING.

   Upon finding that grounds may exist which subject a Council member to forfeiture of office, Council shall instruct the Clerk of Council to notify the Council member. The Clerk of Council shall notify the Council member by any method which includes written evidence of receipt. A member so notified shall receive a public hearing before Council to be held no earlier than ten days nor later than thirty days after the written evidence of receipt and as provided in Section 3.09(b) of this Charter.

   (d) FINAL DETERMINATION.

   Council shall make a final determination by a motion to regard the office of the Council member as forfeited. The Council member subject to forfeiture of office shall be entitled to vote. Upon passage of the motion, the office shall be deemed vacant, and Council shall fill the vacancy as provided in Section 3.09(b) of this Charter.