A. The Council members and members of boards and commissions shall be removed for cause as provided in this Section of this Charter.
B. The Charging Official having reason to believe there is probable cause (as such causes are defined in this Section) for the removal of a Council member or member of a board or commission, shall give notice of the alleged cause for removal and the time, date and place of the commencement of hearing for removal, which shall not be earlier than ten (10) days after the service of the notice to the accused person by personal service, certified mail, or by leaving a copy of such notice at the person’s last known place of residence in the City. At such time, date and place, and at any adjourned meetings, the Council shall hear, provide an opportunity to the accused person to be heard and present defense, and determine whether the accused person shall be removed from office. The Council shall remove an official for any of the following causes by a two-thirds (2/3) vote of the Council members then holding office, providing that if the accused person is a Council member, such person shall not vote on any matter during the removal procedures and shall not be counted in determining required majorities:
(1) Failure to possess or maintain the qualifications of the office prescribed by this Charter;
(2) Intentional violation of Section 5.05 of this Charter;
(3) Conviction of a felony; or
(4) Unexcused absence from any three (3) consecutive regular meetings of the Council, board or commission on which such person serves. An absence from a regular meeting may be excused by a majority vote of the members of the Council then holding office, or by a majority vote of the members of the board or commission then holding office on which such person serves. Such absence may be excused at any time, including the excusing of any absence after the action is initiated but prior to the commencement of hearings for the person’s removal under this Section.
C. Upon the removal of an official from office pursuant to this Section, the office of the offending person shall be vacant, subject to any appeal to and review by an appropriate Court, and the vacancy shall be filled as provided in this Charter.
D. The removal of an official or the occurrence of any of the causes permitting the removal shall not invalidate any official action of the Council, board or commission in which the member participated. The subsequent removal of a person, who fills a vacancy created pursuant to this Section by the reinstatement by a Court of a person previously removed by the council, shall not invalidate any action of the person who filled the vacancy or the Council, board or commission in which such person who filled the vacancy participated.
E. The Council shall be the judge of the grounds for removal from office and shall conduct the proceedings relative to removal. The Council shall have the power to subpoena witnesses, administer oaths and require the producing of evidence, either on its own motion or through the process of any appropriate Court or officer thereof. A person charged with conduct constituting grounds for removal from office shall be entitled to a public hearing on demand, but in any case, a record of the proceedings shall be made and preserved. If a public hearing is demanded, a notice of such hearing shall be published in one or more newspapers of general circulation in the City at least one (1) week in advance of the hearing, and in such an event, the Charging Official may reschedule the time, date and place of the hearing to accommodate the publication of the notice. If the hearing is rescheduled, the Charging Official shall notify the accused person of such fact. Decisions made by the Council under this Section shall be subject to review by the Courts on matters of law and whether the Council acted arbitrarily and without probative evidence to support the grounds for removal.
F. Council shall request the County Prosecutor or his designee to prosecute the removal proceedings before the Council and any reviews thereof by the Courts. If the County Prosecutor refuses to accept the responsibility, Council shall appoint a Special Prosecutor who shall prosecute the removal proceedings before the Council and any reviews thereof by the Courts. If a person accused is not finally removed, the City shall pay the reasonable costs of the defense of such persons and any compensation withheld pending the appeal of the action of the Council.