In the event that Council determines that the Mayor is:
(a) unable to perform the Mayor’s duties because of:
(1) prolonged illness.
(2) physical or mental disability; or
(3) absence from the Municipality for a period of ninety (90) consecutive days, or;
(b) guilty of:
(1) gross misconduct,
(2) malfeasance in or disqualification for office,
(3) a crime involving moral turpitude, for which he or she has been found guilty by a court of law, or
(4) a violation of the oath of office,
Council may, upon the affirmative vote of five (5) of the members thereof, declare the office of the Mayor vacant by an ordinance which shall state the reasons for declaring the vacancy. Public hearings on such ordinance shall be held at two (2) regular or special meetings, which shall not be held less than fifteen (15) days apart. The Mayor shall be given reasonable notice of the time and place of the hearings, which notice shall be delivered to the Mayor’s residence. The Mayor and his or her counsel shall be given an opportunity at such hearings to be heard, to present evidence and to examine any witnesses appearing in support of the grounds for removal. The Mayor shall not have the authority to veto the ordinance of removal. In the event the office of Mayor becomes vacant, either pursuant to this section or because of death or because of recall pursuant to Article VII, Section 4, of this Charter, the President of Council shall state, in a written document to be circulated to the other members of Council, whether the President of Council will accept the position of Mayor. If the President of Council declines to become Mayor, then the President of Council shall continue to be the acting Mayor until the next regularly scheduled Council meeting, and the Council shall, on or before such date, elect one of its members to the office of Mayor. A Mayor taking office under the provisions of this section shall serve until the next regular municipal election occurring more than ninety (90) days from the date of taking office, at which time a successor shall be chosen. The successor shall begin serving the first day of January of the year next following the election and shall serve either the full term, or for the balance of the unexpired term, to which he or she is elected.
(Amended 11-2-10)