(a) Purpose. This section is enacted for the purpose of setting forth rules and procedures for implementation of the removal authority contained in the City Charter.
(1979 Code Sec. 2.78.010)
(b) Notice of Charges. No elective or appointive officer of the City shall be removed from office, under the authority contained in Chapter XII, Sections 8 and 9, of the City Charter, unless such officer is first provided with a written copy of the charges against him or her and allowed the opportunity to be heard in his or her defense. Such accused officer shall have the right to counsel. If such officer is unavailable to be furnished a copy of the charges, and such unavailability is continuous for forty-five days or more, then service thereof may be had by leaving a copy of the charges at such officer's current residence address on record with the City, either with an occupant therein or by posting on a conspicuous place of such residence.
(1979 Code Sec. 2.78.020)
(c) Attendance of Witnesses; Production of Papers. Council may compel the attendance of witnesses and the production of papers by subpoena or written order. Council shall compel the attendance of witnesses and the production of papers by subpoena or written order, as the officer so charged requests.
(1979 Code Sec. 2.78.030)
(d) Hearings. Council shall hear and determine such charges within thirty days after service of a copy thereof, unless such proceedings are adjourned for cause to a time not exceeding sixty days after service thereof, in which case Council shall hear and determine such charges at such adjourned hearing.
(1979 Code Sec. 2.78.040)
(e) Nonappearance at Hearing. If the officer so charged neglects to appear at the scheduled hearing, his or her default shall be deemed good cause for removal.
(1979 Code Sec. 2.78.050)
Compliance Required. No person shall refuse or neglect to comply with the requirements of any subpoena or written order issued and served under authority of this section.
(1979 Code Sec. 2.78.060)
(g) Records of Council. If such officer is found guilty by a majority vote of Council, the reason for such finding and for removal shall be entered upon the records of Council, with the names and votes of members voting on the question.
(1979 Code Sec. 2.78.070)
(h) Suspension Pending Hearing. In the event of suspension of the accused officer until the charges against him or her are heard and determined, then Council shall proceed to a hearing within the time established in Chapter XII, Section 8, of the City Charter.
(1979 Code Sec. 2.78.080)
(i) Nature of Proceedings. The hearing shall be conducted in the nature of a trial proceeding, with the Mayor serving as Chairperson of the hearing and with Council being represented by its legal advisor. The entire proceedings shall be reduced to writing by a qualified stenographer or reporter.
(1979 Code Sec. 2.78.090)
(j) Limitations on Voting. If the charges are brought initially by the Mayor or any member of Council, such person shall not have a vote in the determination of the charges.
(1979 Code Sec. 2.78.100)