1. The office of an elected official of the Municipality 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.
B. Has failed to take the required oath or to give any bond required by him within ten (10) days after notification to the officer that he or she has failed to provide a bond or to take the required oath of the officer's appointment or election, or has failed to fulfill the obligation to give a new or additional bond.
C. While in office, has been convicted of a felony or crime involving moral turpitude.
D. Has been adjudicated mentally incompetent.
E. Is guilty of personal interest, gross misconduct, gross neglect of duty, misfeasance, malfeasance, or nonfeasance in office.
F. Has violated the oath of office.
2. The Council shall be the sole judge of the election and qualifications 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 cause from four (4) consecutive meetings of Council.
3. The decision of Council to remove an elected official 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 elected official shall have been notified, in writing, of the charge or charges against the officer at least fifteen (15) days in advance of such public hearing; and, provided further, that the officer or the officer's counsel shall have been given an opportunity to be heard, present evidence, and examine witnesses appearing in support of such charge or charges. Where there is a vacancy in the Council's membership, then all of the remaining members of the Council shall concur.
4. The decision of Council after compliance with this Section shall be final. The elected official so removed shall not be eligible for appointment to the vacancy created thereby.