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(A) Except as provided in § 34.05(A), if the Mayor has reason to believe that a duly appointed Marshal of the municipality has been guilty of incompetency, inefficiency, dishonesty, drunkenness, immoral conduct, insubordination, discourteous treatment of the public, neglect of duty, or any other acts of misfeasance, malfeasance, or nonfeasance in the performance of his or her official duty, the Mayor shall file with the Legislative Authority written charges against the person, setting forth in detail the reason therefor and immediately shall serve a true copy thereof upon the person against whom they are made.
(B) Charges filed under this section shall be heard at the next regular meeting of the Legislative Authority occurring not less than five days after the date the charges have been served on the person against whom they are made. The person against whom charges are filed may appear in person and by counsel at the hearing, examine all witnesses, and answer all charges against him or her.
(C) At the conclusion of the hearing, the Legislative Authority may dismiss the charges, suspend the accused from office for not more than 60 days, or remove the accused from office.
(D) Action of the Legislative Authority removing or suspending the accused from office shall require the affirmative vote of two-thirds of all elected members.
(E) In the case of removal from office, the person so removed may appeal on questions of law and fact the decision of the Legislative Authority to the Court of Common Pleas. The person shall take the appeal within ten days from the date of the finding of the Legislative Authority.
(R.C. § 737.171) (Rev. 1997)