The office of an elective officer of the City shall be declared vacant by resolution of Council upon determination that the elected officer:
A. Does not possess, or has ceased to possess, the qualifications of office; or
B. Has failed to take the required oath or to give any bond required of him within twenty days after notification of his appointment of election, or obligation to give a new or additional bond; or
C. While in office has been convicted of a felony or crime involving moral turpitude; or
D. Is guilty of gross misconduct, gross neglect of duty, misfeasance, malfeasance or nonfeasance in office; or
E. Has been adjudicated legally incompetent; or
F. Has violated his oath of office.
Council shall be the judge of the election and qualification of its own members. In addition to the grounds for removal provided above, Council may remove any of its members for persistent failure to abide by the rules of Council, or for absence without justifiable excuse from three consecutive regular meetings.
The decision of Council to remove an elective officer shall be made only upon the affirmative vote of at least four-fifths of the members of Council entitled to vote on such question after public hearing upon the charge or charges brought, and provided further, that the accused officer shall have been notified in writing of the charge or charges against him at least fifteen days in advance of such public hearing; and provided further, that he or his counsel shall have been given an opportunity to be heard, present evidence, and examine witnesses appearing in support of such charge or charges. An accused Member of Council shall not vote on the question of his removal, the decision of Council after compliance with this section shall be final. Upon the removal of such officer, the vacancy thereby occurrin in such office shall be filled in the manner provided by this Charter, and the officer so removed shall not be eligible for appointment to fill such vacancy.
(Amended November 2, 1993)
Once a member of Council is removed from office under this section he cannot run for office for two years from the date of removal. (Added November 6, 2018; November 7, 2023)