(1) A councilmember shall forfeit his office if, at any time during such councilmember’s term of office, such councilmember:
(a) Is convicted of a felony or is found guilty by a judge or jury or pleads guilty or nolo contendere to any felony or a crime involving moral turpitude whether or not adjudication is withheld; or
(b) Fails to attend four consecutive regular Town council meetings; except where such absences result from a major illness of the councilmember, in which case, absences at six consecutive regular Town council meetings shall be required; or
(c) Fails to attend eight regular Town council meetings during any consecutive twelve month period; or
(d) Lacks any qualification for the office prescribed by this charter or by law.
(2) The Town council shall declare that a councilmember has forfeited his office through the following procedure:
(a) The Town council shall adopt by affirmative vote of three (3) of its members a preliminary resolution specifically setting forth the reason(s) for forfeiture. Such preliminary resolution shall provide for the time, place, and date of a public hearing to be held to consider a final resolution of forfeiture.
(b) The public hearing shall be scheduled for a date at least seven (7) days, but no more than thirty (30) days, after the adoption of the preliminary resolution. Prior to the adoption of a final resolution of forfeiture, the councilmember who is the subject of the preliminary resolution shall be afforded the opportunity, at such public hearing, to respond to the reason(s) for forfeiture stated in the preliminary resolution. An affirmative vote of three (3) council members shall be required for adoption of the final resolution of forfeiture.
(3) The availability of the aforesaid procedure shall not limit the right of any citizen, including a councilmember, to seek a judicial determination that a councilmember has forfeited his office.
(4) The council may adopt a final resolution of forfeiture which may be made effective immediately by affirmative vote of four (4) members of the council at any time after five (5) days from the date on which a copy of the preliminary resolution was delivered to the subject council member, if the subject member has not requested a public hearing. If the subject member has requested a public hearing, the council may adopt a final resolution at any time after the public hearing. The member who is subject to forfeiture of office under the terms of the final resolution shall not be entitled to vote on that resolution. A copy of the final resolution shall be promptly delivered to the subject council member.
(5) On the effective date of the final resolution the seat of the subject person shall be deemed vacant and the said seat shall be subsequently filled in accordance with Section 10 of this charter.