(A) Council may remove from office any elected official of the City, or any member of a board or commission established by this Charter or by ordinance or resolution, for any of the following reasons:
(1) Failure to meet or maintain the qualifications of office as fixed in this Charter; or, if not fixed in the Charter, as established by ordinance or resolution.
(2) Final conviction of a felony, or a misdemeanor involving moral turpitude, during a term of office.
(3) Failure by a member of Council to attend three (3) consecutive regular Council meetings, unless any of the absences is excused by a majority vote of the members of Council; or failure by a member of a board or commission to attend three (3) consecutive regular meetings of the board or commission unless any of the absences is excused by a majority vote of the members of the board or commission.
(4) Gross misconduct; malfeasance or nonfeasance in office; or judicial declaration of incompetence. (Amended 11-6-01)
(B) Charges under this Section may be brought only by any two (2) members of Council. The charges shall be in writing and shall specify the ultimate facts upon which the charges are based. The charges shall be filed with the Clerk of Council who shall set a date, time and place for a hearing on the charges, which hearing shall be not less than fifteen (15) nor more than forty-five (45) days after the charges are filed. The Clerk of Council shall cause a copy of the charges and notice of the date, time, and place of the hearing, to be served on the accused by causing the copy of the charges and notice to be handed to the accused; or by sending the copy of the charges and notice to the last known place of residence of the accused by certified mail for delivery to addressee only, with a return receipt requested. If the copy of the charges and notice sent by certified mail are returned to the Clerk of Council undelivered, or if the return receipt for the copy of the charges and notice is not returned to the Clerk of Council within ten (10) days after they are mailed, the Clerk of Council shall cause a copy of the charges, together with notice of the date, time, and place of the hearing, to be served on the accused by leaving the copy and notice at the last known place of residence of the accused within the City.
(C) The presiding officer of Council may continue the hearing from time to time as the circumstances may require. The Mayor, President of Council or any judge of the Court of Common Pleas or Municipal Court with jurisdiction in the City shall have power to issue subpoenas for witnesses and the production of evidence on behalf of the persons bringing the charges, the accused person, or Council. The testimony of witnesses at the hearing shall be under oath administered by the officer of Council presiding at the hearing or by any other person authorized by law to administer oaths.
(D) Removal of the accused person shall be upon the affirmative vote of two-thirds of the members of Council, or the affirmative vote of two-thirds of the remaining members of Council if the accused is a member of Council. An accused member of Council shall not vote on any matter affecting the question of the member's removal from office. If the Council votes to remove the accused person, the officer of Council presiding at the hearing at which the vote for removal was passed shall issue an order removing the accused, and the accused shall be suspended from office without compensation after the date of suspension.
(E) The accused person may appeal from a decision of Council for removal from office by filing a notice of appeal in the Court of Common Pleas having jurisdiction within the City. The notice of appeal shall be filed within twenty days after the issuance of the order removing the accused. The appeal to the Court of Common Pleas shall be limited to questions of law and to the issue of whether Council abused its discretion. Further appeals may be taken to higher courts as provided by law. If the accused person does not appeal within the twenty day period, or if the Court of Common Pleas or higher court finally affirms the decision of Council removing the accused, the suspension shall become permanent; the accused shall forthwith forfeit the office, the office shall become vacant and shall be filled in the manner provided by this Charter. If the Court of Common Pleas or higher court reverses the decision of Council removing the accused, the accused shall be immediately restored to office and shall be paid any compensation denied during the period of suspension. (Amended 11-2-21)