The office of an elected official of the City shall be declared vacant by Council resolution upon determination that the elected official:
(1) Does not possess, or has ceased to possess the qualifications of office, as stated in Section 8.04;
(2) Has failed to take the required oath or affirmation;
(3) While in office has been convicted of, or entered a plea of guilty to, a felony or a crime involving moral turpitude;
(4) Has been adjudicated mentally incompetent;
(5) Is guilty of gross misconduct, gross neglect of duty, misfeasance, malfeasance, or nonfeasance in office; or
(6) Has violated the oath or affirmation 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 Council rules, or for absence without justifiable excuse from three (3) consecutive regular meetings.
The decision of Council to remove an elected official shall be made only upon vote of at least five (5) Council members in favor of removal, 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 at least fifteen (15) days in advance of such public hearing; and, provided further, that the Council member or the Council member's counsel shall have been given an opportunity to be heard, present evidence, and examine witnesses appearing in support of such charge or charges.
If a Council member is the subject of removal, the Council member shall retain the right to vote on the matter before Council.
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.