(A) The Council may expel any member for violation of an official duty; declare the seat of any member vacant if he is unable to perform the duties of his office. However, a two-thirds vote is required to expel a member or vacate his seat. A vacancy that was held by a person elected or selected as a candidate of a major political party of the state shall be filled by a caucus pursuant to I.C. 3-13-11 et al. Other vacancies shall be filled in accordance with I.C. 3-13-8-10.
(B) In order to expel a member, the Council shall use the following procedures:
(1) Any Councilperson, the Mayor, or City Attorney, may submit information to the Council concerning a violation of official duty and request the Councilperson be expelled.
(2) The Councilperson shall be notified in writing as to the nature of the charges and the facts supporting them. Copies shall be filed with the Clerk-Treasurer.
(3) The accused Councilperson shall have 15 days to respond to the notice and charges in writing.
(4) Fifteen days after the notice and charges are filed with the Clerk-Treasurer, the Mayor shall call a special Council meeting, not more than 20 days later. The only matter on the agenda shall be to conduct a hearing and hear evidence for and against expulsion. The Mayor shall preside at the hearing.
(5) The City Attorney shall represent the city against the accused Councilperson at the hearing.
(6) The Indiana Rules of Evidence shall not apply.
(7) The city and the accused shall have the right to subpoena witnesses and compel their attendance.
(8) After the evidence has been concluded, the Council shall deliberate absent the accused member out of public session. When deliberations are concluded, the issue of expulsion shall be decided by secret ballot in an open session. A two-thirds majority vote of the elected members shall be necessary to expel a member. The Mayor shall decide all ties.
(9) The decision of the Council may be appealed as in other administrative matters.
(Ord. 1-2000, passed 1-3-00; Am. Ord. 12, 2014, passed 4-7-14)