The Council shall be judge of the election and qualifications of its own members. Council shall, by a vote of five (5) or more of its members, expel or remove any member upon determination that the member:
(a) Does not possess, or has ceased to possess, the qualifications of office.
(b) Has failed to take the required oath or to give any bond required of him or her.
(c) While in office has been convicted of felony or crime involving moral turpitude.
(d) Has been adjudicated by a court of competent jurisdiction to be mentally incompetent.
(e) Is guilty of personal interest, gross misconduct, gross neglect of duty, misfeasance, malfeasance, or nonfeasance in office.
(f) Has violated his/her oath of office.
Such action shall be by public hearing called by Council. Provided further that the accused member shall have been notified, in writing, of the charge or charges against him or her at least fifteen (15) days in advance of such public hearing; and provided further, that he or she, or their counsel, shall have been given an opportunity to be heard, present evidence, and examine and cross-examine witnesses appearing in interest of such charge or charges, or appearing on behalf of the accused. The decision of Council, after compliance with this section, shall be final.
Any member of Council who has been absent for more than 4 (four) regular meetings, not including special meetings during a calendar year, shall be considered automatically removed from their elected position. Any absence due to active military service will fall under the following guidelines: exception 1 (one), for any vacancy due to military service that requires an absence of 60 (sixty) days or more Council shall appoint a temporary replacement as specified in Section 4.07, until the Council member returns from their military service or until the end of the elected term, whichever occurs first. Exception 2 (two), any Council member that suffers a serious health condition(s) that may last 60 (sixty) days or more. An illness that makes the Council member unable to perform the essential functions of their duty may also follow the same guidelines as a military absence as stated above. The member removed as provided in this section shall not be eligible for appointment to any vacancy created thereby. The member removed as provided in this section, may appeal this decision according to the law.
(Amended 11-18-16; 11-2-21.)