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In addition to the causes contained in Section 3.02 of this Charter, the Council may remove any member of Council for gross misconduct, malfeasance, misfeasance, or nonfeasance in office, judicial declaration of incompetency, willful violation of this Charter or persistent and willful failure to abide by the rules of the Council; provided that such removal shall not take place without the affirmative vote of at least five of the remaining members of Council, nor until the accused member shall have been notified in writing of the charge against him and given an opportunity to be heard in person or by legal counsel. The Council and the accused member shall have the power to subpoena witnesses and the production of evidence. The Clerk of Council shall have the power to issue subpoenas for witnesses and the production of evidence on behalf of the Council or the accused member, and shall have the power to administer oaths. An accused member of Council shall not vote on the question of his removal.
The Council may remove members of any board or commission established by this Charter or by ordinance, for gross misconduct, malfeasance, misfeasance, or nonfeasance in office, final conviction of a felony involving moral turpitude, judicial declaration of incompetency, persistent and willful failure to abide by the rules adopted by the board or commission of which he is a member, or willful violation of this Charter; provided that such removal shall not take place without the affirmative vote of five of the members of Council, nor until the accused official shall have been notified in writing of the charge against him and given an opportunity to be heard in person or by legal counsel. The Council and the accused official shall have the power to issue subpoenas for witnesses and the production of evidence on behalf of the Council or the accused official, and shall have the power to administer oaths.
Upon the required vote to remove a member of Council, or any member of Council or any member of a board or commission as provided by this section of this Charter, such member shall forfeit his office and such office shall become vacant and shall be filled in the manner provided by this Charter. Any person removed from office under this section of this Charter shall not be eligible to become a candidate for or hold any elective office or to serve as a member of a board or commission of the Municipality for a period of five years after his removal.
Notwithstanding the foregoing, the recall provisions of Section 705.92 of the Ohio Revised Code, shall apply to all elected officials holding office under this Charter.
(Amended May 8, 1973)
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