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9.31 Removal by the Mayor. The Mayor shall remove promptly any such officer or employee to whom he may appoint a successor, unless otherwise provided by this Charter, for violation of any of the requirements stated in Section 9.2, for gross misconduct, malfeasance or non-feasance in office, or upon conviction while in office of a felony or other crime involving moral turpitude.
The Mayor may authorize the head of a department to make such removals in his department. (Amended 11-4-08; 11-2-21)
9.32 Removal by Council. Council shall be the judge of the election and qualification of its own members and those employees and officers to whom it may appoint a successor. It may punish, suspend or remove from office any member of Council or any employee or officer to whom Council may appoint a successor for:
(1) Gross misconduct, malfeasance, misfeasance, nonfeasance, or
(2) Disqualification from office for failure to comply with the residential qualifications stated in the section regarding his or her election or appointment, or
(3) The conviction (or a plea of guilty or no contest), while in office, of a crime; (a) involving moral turpitude, (b) which violates law applicable to public employees or officials as provided in Section 9.21 hereof or (c) that is a felony, or
(4) The persistent failure to abide by the rules of Council; or
(5) Incompetence if such person is legally adjudicated incompetent; or
(6) A violation of his or her oath; or
(7) Absence without justifiable excuse from three (3) consecutive regular meetings of Council;
Provided that such punishment, suspension or removal shall not take place without providing a written complaint setting forth the charge or charges signed by at least four (4) members of Council and shall be filed with the Clerk of Council, who shall cause a copy thereof to be served upon the accused Council member, employee or officer as soon as possible and at least ten (10) days before a hearing by Council on the matters specified in such complaint where the accused Council member, employee or officer or his/her counsel will be given an opportunity to be heard, present evidence or examine any witness or witnesses in support of said charges. A decision to punish, suspend or remove the Council member, employee or officer, shall state the facts which support the grounds specified in the complaint and shall require the concurrence of at least five (5) members of Council and shall be filed with the Clerk of Council. Removal from office of any Council member shall not render void or ineffective any action of Council in which such member has participated unless void by a vote of two-thirds of all remaining members of Council. (Amended 11-3-15)
9.33 Finality of Removals. The decision of the Council or the Mayor or other officer in removing any officer or employee after compliance with this Section 9.3 and subject to the provisions of Section 9.4 when applicable, shall be final, and thereupon the office or post of any such person shall be vacant.
9.34 Removal by Council of Mayoral Appointees. If after Council has requested him to do so, the Mayor fails to remove any officer or employee in the unclassified service to whom he may appoint a successor for violation of any of the reasons or grounds enumerated in Section 9.31 for which the Mayor is required to remove promptly such officer or employee, Council may, in accordance with the procedure provided in this section, remove such officer or employee. Proceedings for the removal by Council of an officer or employee to whom the Mayor may appoint a successor shall be commenced by filing of a written complaint setting forth the charge or charges which shall be limited to violations of any of the requirements stated in Section 9.2, gross misconduct, malfeasance or nonfeasance in office, or conviction in office of a felony or other crime involving moral turpitude. Such complaint shall be signed by at least five (5) members of Council and shall be filed with the Clerk of Council, who shall cause a copy thereof to be served upon the accused officer or employee at least ten (10) days before a hearing by Council on the matters specified in such complaint. Such hearing, which shall be open to the public, shall be had within thirty (30) days of the filing of the complaint, unless Council extends the time for hearing, which shall be done only upon the application of the accused officer or employee. The accused officer or employee may appear in person and by counsel, examine all witnesses, and answer all charges against him. A decision by Council to remove the accused officer or employee shall state the facts which support the grounds specified in the complaint and shall require the concurrence of at least five (5) members of Council. Any officer or employee so removed from office shall not be eligible for appointment to the vacancy thereby created.
(Adopted 11-4-75; 11-3-15)