Section 4.13 Censure and Removal.

   (a)   The Council shall be the judge of the election and qualifications of its own members. The Council may censure any member for gross misconduct, or malfeasance in or disqualification for office, or for the conviction while in office, or while being a Councilperson-elect, of a crime involving moral turpitude, or if adjudicated legally incompetent, or for a violation of oath of office, or persistent failure to abide by the rules of Council; provided however, that such censure shall not take place without the affirmative vote of at least two-thirds of the remaining members of Council. The accused member shall not vote on the question of their censure.

   A censure must include a public reprimand of the offending official, to be delivered by the Law Director or the President of Council. A censured official is subject to the following upon an affirmative vote of at least two-thirds of the remaining members of Council;

   1.   Upon a first censure in a Council member’s current term of office; suspension for one regularly-scheduled Council meeting, loss of pay for up to one (1) month, loss of committee chairmanship, loss of committee membership, and/or loss of seniority. A censured Council member shall continue to have a seat on Council, but shall have no vote or right to participate in councilmanic deliberation during any period of suspension.

   2.   Upon a second censure in the Council member’s same term of office: The procedure set forth in Charter Section 4.13(b) shall be initiated and Council shall vote on the question of removal and, if removal is rejected, Council shall consider any or all of the following sanctions: suspension for a minimum of two regularly-scheduled Council meetings up to a maximum of six regularly-scheduled meetings, and/or a loss of pay for up to three months. A Council member not removed but censured shall continue to have a seat on Council, but shall have no vote or right to participate in councilmanic deliberation during any period of suspension.

   3.   Upon a third censure in the Council member’s same term of office; The procedure set forth in Charter Section 4.13(b) shall be initiated and Council shall vote on the question of removal.

   (b)   In addition to censure or other appropriate action, Council may remove any member for gross misconduct, or malfeasance in or disqualification for office, or for the conviction while in office, or while being a Councilman-elect, of a crime involving moral turpitude, or if adjudicated legally incompetent, or for a violation of his oath of office, or persistent failure to abide by the rules of Council; provided however, that such removal shall not take place without the affirmative vote of at least two-thirds of the remaining members of Council nor until the accused member shall have been notified in writing of the charge against him at least ten days in advance of a public hearing upon such charge, and he or his counsel has been given an opportunity to be heard, present evidence, or examine any witness appearing in support of the charge. The accused member shall not vote on the question of his removal.

(Amended November 6, 2018)