The Council shall be the judge of the election and qualifications of its own members. It may expel or remove any member for gross misconduct or malfeasance or nonfeasance in, or disqualification for office, including violation of Section 3.13 hereof, or upon conviction while in office of a felony or other crime involving moral turpitude, or for violation of his/her oath of office, or persistent failure to abide by the rules of Council, or absence without justifiable excuse from three consecutive regular meetings of Council, or shall have been judicially determined to be incompetent by reason of mental or physical disability, provided, however, that such expulsion or removal shall be upon concurrence of five or more members of Council after public hearing upon the charge or charges brought; and provided, further, that the accused member shall have been notified in writing of the charge or charges against him/her at least fifteen (15) days in advance of such public hearing; and provided further, that he/she or his/her counsel shall have been given an opportunity to be heard, present evidence, and 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.
(Amended 11-5-19)