§ 3.5. Removal from office—Proceedings.

The Council may remove from office any of its members, and may remove any other elective or appointive officers of the city, including the Mayor, for any of the following causes, to-wit: (1) conviction by a court of competent jurisdiction of a felony; (2) wilful violation of any provisions of the charter or ordinances; (3) intoxication or habitual drunkenness; (4) incompetency to perform the duties of his or her office; (5) wilful neglect of duty; (6) corrupt or wilful malfeasance in office; or (7) wilful misconduct to the injury of the public service.

Said proceedings may be initiated by the written complaint of any member of the Council or by petition of not less than 5 per cent of the qualified electors on date of said petition as hereinafter provided. Upon the filing with the Council of a complaint or petition in writing specifying any matter or thing made cause for removal under this charter, which petition or complaint shall be signed by at least one (1) Councilmember or by not less than 5 per cent of the qualified electors of the city and verified by the oath of at least one (1) of said signers, the Council shall proceed to hear and determine said matter as herein provided.

If said officer is found guilty by a majority vote of the members elect of the Council, the reason for such removal shall be entered upon the records of the Council with the names and votes of the members voting on the question. No officer shall be removed unless first furnished with a copy of the charges in writing and allowed to be heard in his or her defense with the aid of counsel; and for such purpose the Council shall have the power to compel the attendance of witnesses and the production of papers by subpoena or written order. The Council shall hear and determine said charges within twenty (20) days after service of a copy thereof unless said proceedings shall be adjourned for cause to a time not exceeding thirty (30) days in all; and then at such adjourned meeting to hear and determine the matter as aforesaid. If such officer shall neglect to appear and answer such charges, his or her default shall be deemed good cause for his or her removal. Any person refusing or neglecting to comply with the requirements of any subpoena or written order issued and served under this section shall be liable to a fine not to exceed fifty ($50.00) dollars or confinement in the County Jail not to exceed thirty (30) days, on conviction of such refusal or neglect before the Municipal Judge of the city.

(Res. No. 2012-04, 5-21-2012)