A. Grounds for Removal. The Council shall be the judge of the qualifications of its members, including the Mayor, and of the grounds for removal from office of its members. Any member of the Council, including the Mayor, may be removed from office and his or her office forfeited if he or she is found to have committed any of the grounds for removal, hereinafter set forth, by an affirmative vote of four (4) of the members of the Council. Grounds for removal shall be:
(1) That the accused member does not possess or has violated the qualifications for the office of Councilmember or Mayor prescribed by this Charter;
(2) That the accused member has knowingly violated any prohibition or restriction contained in of this Charter during his or her term of office;
(3) That the accused member has been convicted of any felony or a misdemeanor involving moral turpitude;
(4) That the accused member has failed to attend three (3) consecutive regular Council meetings and such absences have not been excused by the Council; or
(5) The accused member has violated a rule of conduct set forth by Council in its Rules of Council for which the provided sanction is removal.
B. Public Hearing. A member of Council, including the Mayor, accused of conduct constituting grounds for removal from office shall be entitled to a public hearing prior to his or her removal, and may be represented at such hearing by legal counsel. Notice of the time, date and place of the hearing shall be published at least once in a newspaper of general circulation within the City and on the City’s website, or by other electronic method, at least seven (7) days prior to the hearing. At such hearing the Law Director or special counsel, as designated by the Council, shall present the evidence and testimony in support of the grounds for removal. Such hearing may be adjourned from time to time without the necessity of any further publication of notice.
C. Subpoenas. Upon the request of the Law Director or other special counsel presenting the charges for removal, or upon the request of the accused member or his or her legal counsel, the Chairperson of Council, or the Vice Chairperson if the Chairperson is the accused, shall have the power to and shall issue subpoenas for witnesses and for the production of other evidence. Any person who refuses to obey a lawful order issued in the exercise of such powers may be found in contempt by the issuing officer, and the issuing officer shall refer the matter to the municipal court for the determination of punishment. The judge of the municipal court may fine such person found in contempt the sum of not more than five hundred dollars ($500) per day for each day such person refused or refuses to obey such order.
D. Presiding Officer at Hearing. The Council shall, upon a majority vote by procedural motion, appoint an acting judge or a retired judge of any state, county or municipal court in Ohio to act as the hearing officer. The hearing officer shall have the power to administer oaths to witnesses at the public hearing and shall preside at the public hearing.
E. Restriction on Voting. A member of the Council, including the Mayor, who is accused of grounds for removal shall not vote on any matter pertaining to his or her removal.
F. Appeals. A member of the Council, including the Mayor, who is removed from office in accordance with this section shall have the right to appeal such removal to the appropriate court.