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The office of an elective officer of the municipality shall be declared vacant by resolution of Council upon determination that the elective officer:
(1) Does not possess, or has ceased to possess the qualifications of office.
(2) Has failed to take the required oath or to give any bond required of him/her within twenty (20) days after notification of his/her appointment or election, or obligation to give a new or additional bond.
(3) While in office has been convicted of, or entered a plea of guilty to, a felony or crime involving moral turpitude.
(4) Has been adjudicated mentally incompetent.
(5) Is guilty of gross misconduct, gross neglect of duty, misfeasance, malfeasance, or nonfeasance in office.
(6) Has violated his/her oath of office.
The Council shall be the sole judge of the election and qualification of its own members.
In addition to the ground 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 (3) consecutive meetings.
The decision of Council to remove an elective officer shall be made only upon concurrence of five (5) or more members of Council after public hearing upon the charge or charges brought; and, provided further, that the accused elective officer shall have been notified, in writing, of the charge or charges against him/her at least fifteen (15) days in advance of such public hearing; and, provided further, that he/she or his/her counsel shall have been given an opportunity to be heard, present evidence, and examine witnesses appearing in support of such charge or charges.
The decision of Council after compliance with this section shall be final.
The elective officer so removed shall not be eligible for appointment to the vacancy created thereby.