(A) Elected officials and members of Boards and Commissions may be removed for Good Cause as provided in this Section of the Charter.
(B) As used in this Section of the Charter, the “Charging Official” shall mean: the “Mayor,” except, where the person accused of a ground for removal is the person holding the office of Mayor, the “President Pro-Tempore of Council.”
(C) The Charging Official, if he or she has reason to believe there is Good Cause (as defined in this Section of the Charter) for the removal of an elected official or member of a Board or Commission, may determine to proceed with the filing of formal charges against the official or member, in which case the Charging Official shall give notice of the alleged cause for removal and the time, date, and place of the commencement of hearing for removal, which shall not be earlier than ten days after the service of the notice to the accused person by personal service, certified mail, or by leaving a copy of such notice at the person’s last known place of residence in the Village. At such time, date, and place, the Council shall hear, provide an opportunity to the accused person to be represented by legal counsel and to be heard and present defenses, and shall determine whether the accused person shall be removed from his or her office. Council may adjourn its meeting to one or more subsequent dates and continue the hearings or its deliberations from day to day. The Council shall have the authority and may remove an official for any of the following Good Causes by a two-thirds vote of the members of the Council, provided that if the accused person is a member of Council, such person shall not be counted in determining required majorities:
1. Absences for reasons within the control of the officer or member from any three consecutive regular meetings of the Council or the Board or Commission on which such person serves or absence for any reason from any six regular or special meetings thereof in any calendar year provided the accused person received notice of special meetings.
2. Failure to possess or maintain the qualifications of the office.
3. A determination that the accused person is guilty of misfeasance, malfeasance or nonfeasance in office.
4. Conviction of a crime that is a felony.
(D) Upon the removal of an official or member from office pursuant to this Section, the office of the offending person shall be vacant, subject to any appeal to and review by an appropriate court, and the vacancy shall be filled as provided in this Charter.
(E) The removal of an official member or the occurrence of any of the Good Causes permitting the removal shall not invalidate any action of the official or any body, including the Council, in which the member participated. The subsequent removal of a person who fills a vacancy created pursuant to this Section by the reinstatement by a court of a person previously removed by the Council, shall not invalidate any action of the person who filled the vacancy or any body, including the Council, in which such person who filled the vacancy participated.
(F) The Council shall be the judge of the qualifications of and of the grounds for removal from office and shall conduct the proceedings relative to removal. The Council shall have the power to subpoena witnesses, administer oaths and require the production of evidence, either on its own motion or through the process of any appropriate court or officer thereof. A person charged with conduct constituting Good Cause for removal from office shall be entitled to a public hearing. A record of the proceedings shall be made and preserved. Decisions made by the Council under this Section shall be subject to review by the Courts on matters of law and whether the Council acted arbitrarily and without probative evidence to support the grounds for removal.
(G) The Director of Law or special counsel appointed by the Director of Law shall prosecute the removal proceedings before the Council and any review thereof by the Courts. If a person accused is not finally removed, the Village shall pay the reasonable costs of the defense of such person and any compensation withheld pending the appeal of the action of the Council.