(a) Pursuant to Section 4.08 (Judge of Qualifications) of the Municipal Charter, the following procedure is prescribed for determining whether a member of Council should forfeit his or her office.
(1) Council may appoint a committee of three members to investigate the circumstances surrounding the charge or charges.
(2) The committee shall make its report to Council within sixty days, and if Council, five members concurring, concludes that a member may be guilty of conduct constituting grounds for forfeiture of office, Council shall furnish a reporter to record the proceedings and direct the Clerk of Council to issue subpoenas for witnesses, to be served by a member of the Police Division to the witness so subpoenaed in person. The Clerk of Council or court reporter shall administer an oath to all witnesses. If documents, books, instruments or other writings are to be examined, the Clerk of Council shall issue a subpoena duces tecum to the person in whose care or custody such things may be to appear and produce such evidence.
(b) If, after investigation by Council, five members of Council concur that the member is guilty of conduct constituting grounds for forfeiture of office, such member shall be notified in writing, either by certified mail or by personal service by a member of the Police Division. Within seven days of service, the accused member must file a written request for a closed hearing on the matter, such hearing to be held within thirty days after notice has been served. Upon request, a continuance of the hearing for an additional thirty days shall be granted. A member so charged shall be entitled to a public hearing on demand and notice of such public hearing shall be published in one or more newspapers of general circulation in the Municipality at least fifteen days in advance of the hearing.
(c) At any hearing, the accused member shall have the right to be represented by counsel; to have witnesses subpoenaed by the Clerk of Council; and to have subpoenas duces tecum issued by the Clerk of Council for the presentation of books, documents, instruments or other writings.
(d) At any hearing, Council shall present its evidence and witnesses first and the accused member shall present his or her evidence and witnesses second. Both Council and the accused member may offer rebuttal evidence and witnesses. No legal rules of evidence shall be required, and Council shall determine the manner of conduct of such hearings as is not expressly set forth herein.
(e) After due consideration, Council shall render its decision. The decision of Council shall be final and binding except as otherwise provided by the laws of the State or the Charter of the Municipality. (Ord. 1054. Passed 9-2-82.)