The Council shall be the sole judge of the election and qualifications of its own members. It may expel or remove any member for gross misconduct, misfeasance, malfeasance or nonfeasance in or disqualification for office, or for the conviction while in office of a crime involving moral turpitude, or for the violation of his oath of office, or persistent failure to abide by the rules of Council, or absence without justifiable excuse for three (3) consecutive regular meetings of the Council, provided, however, that such expulsion shall not take place without the concurrence of at least two-thirds (2/3) of the members elected to Council, nor until the accused shall have been notified in writing of the charge against him at least fifteen (15) days in advance of a public hearing upon such charge, and he or his counsel have been given an opportunity to be heard, present evidence or examine any witness appearing in support of, or against such charge. No individual so removed shall be eligible for appointment to the vacancy created thereby.
The Council shall have the power to remove members of any Board or Commission, Department Heads, and Division Heads, including the Police Chief and Fire Chief, established by this Charter or as hereafter established by ordinance of Council provided at least two-thirds (2/3) of the members elected to Council concur in such decision. No reason, notice, written charge or public hearing is required. The decision of Council in removing any member of any Board or Commission, Department Head, or Division Head shall be final.
(Amended 11-3-70)