3.09  FORFEITURE OF OFFICE.
   (A)   The office of a Council member, including the Mayor, shall be forfeited upon a determination that the Council member or the Mayor:
      (1)    Has pled to (including a no-contest plea) or has been convicted of a felony while in office;
      (2)   Has pled to (including a no-contest plea) or has been convicted of any crime involving dereliction of duties while in office;
      (3)   Lacks, or is found to have lacked, at any time prescribed by this Charter, any eligibility requirement in Section 3.02;
      (4)    Has violated any prohibition of Section 3.02; or
      (5)   Has failed to attend three consecutive regular meetings of Council without being excused by the Council.
   (B)   The Council shall be the sole judge of the grounds constituting forfeiture of office. The Council shall initiate the process to establish grounds for forfeiture of office by motion and shall have the power to subpoena witnesses, administer oaths, take testimony, and require the production of evidence.
   (C)   Upon finding that grounds exist which subject a Council member or the Mayor to forfeiture of office, the Council shall instruct the Clerk of Council to notify the Council member or the Mayor. The Clerk of Council shall notify the Council member or the Mayor by any method which includes written evidence of receipt. A Council member or the Mayor so notified shall receive a public hearing before the Council to be held no earlier than 10 days but no later than 30 days after the written evidence of receipt.
   (D)    The Council shall make the final determination by a majority vote of the members of the Council to regard the office of the Council member or the Mayor as forfeited. The Council member or Mayor subject to forfeiture of office shall also be entitled to vote on such determination. Upon passage, the office shall be deemed vacant, and the Council shall fill the vacancy of a Council member as provided in Section 3.08 and the vacancy of the Mayor as provided in Section 5.04.