(a) Vacancies. The office of a Council member shall become vacant upon death, resignation, removal from or forfeiture of office in the manner authorized by this Charter.
(b) Forfeiture of Office. A Council member shall forfeit office if, in the judgment of Council, expressed by a vote of five (5) members, the accused:
(1) Lacks at any time during the term of office eligibility for that office prescribed in this Charter;
(2) Intentionally violates any expressed prohibition of this Charter;
(3) Has engaged in misconduct;
(4) Fails to attend three (3) consecutive regular meetings of the Council without being excused by the Council; or
(5) Accumulates three (3) unexcused absences from regular meetings of Council within any twelve (12) month period.
(c) Procedure for Forfeiture of Office. The procedure to remove a Council member shall start with a motion to do so made by a Council member at a regular meeting. The motion shall state the basis for removal as prescribed in Section 4.08(b). The member so charged shall be given a hearing, if requested, to hear the relevant evidence and to provide the opportunity for evidence to be presented on behalf of the member. Following such a hearing, Council shall, within thirty (30) days, vote whether to declare the member's office forfeited and vacant, with five (5) affirmative votes necessary for such declaration.
(d) Filling of Vacancies. Whenever the office of a Council member becomes vacant, Council shall provide timely notice of such vacancy at the next regular Council meeting, and through use of public media. Such a vacancy shall be filled for the remainder of the unexpired term. Council shall, by a majority vote of all its remaining members, no sooner than ten (10) days following the publication of the notice of the vacancy, appoint a qualified person to fill the vacancy for the remainder of the term of the Council person he/she is replacing. Each Council member so elected shall hold office until the end of the original term. Should the Council fail to fill the vacancy within thirty (30) days of publication of the notice of the vacancy, the Mayor shall do so by appointment within seven (7) days. If Council membership is reduced by vacancies to fewer than four (4), the remaining members, by a majority vote, shall appoint additional members to raise the membership to four (4), thereby achieving a quorum. Any remaining vacancies shall be filled as set forth above.
(e) Vacancies Not Covered. In any case where a vacancy cannot be filled under the provisions of this Charter, the Election Code of the State of Ohio shall apply.
(Amended Nov. 4, 1986; Nov. 3, 1998; Nov. 7, 2006)