The Council may remove the Mayor, or a Councilperson, or confirm action to remove by the Mayor as provided elsewhere in this Charter, upon determination that he or she:
(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 within twenty days after notification of election, or an obligation to give a new or additional bond; or
(c) While in office, has been convicted of a felony or a crime involving moral turpitude; or
(d) Has been adjudicated legally incompetent; or
(e) Is guilty of gross misconduct, gross neglect of duty, misfeasance, malfeasance or nonfeasance in office; or
(f) Has violated his or her oath of office.
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 the Mayor or a Councilperson shall be made only upon the affirmative vote of three-fourths of the members of Council entitled to vote on such question after a public hearing upon the charge or charges brought, provided that the accused officer shall have been notified in writing of the charge or charges against him or her at least fifteen days in advance of such public hearing, and provided further that the person's 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 or her removal. The decisions of Council after compliance with this section shall be final. Upon the removal of such officer, the vacancy thereby occurring 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 8, 1994; November 8, 2016)