[R.O. 2011 § 115.130; R.O. 2009
§ 31.20; CC 1981 § 2-92; Ord.
No. 86-2, 1-7-1986]
The Mayor may, with the consent of
a majority of all the members elected to the City Council, remove
from office, for cause shown, any elective officer of the City, such
officer being first given opportunity, together with his/her witnesses,
to be heard before the Council sitting as a court of impeachment.
Any elective officer may, in like manner, for cause shown, be removed
from office by a two-thirds (2/3) vote of all the members elected
to the City Council, independently of the Mayor's approval or recommendation.
[R.O. 2011 § 115.140; R.O. 2009
§ 31.21; CC 1981 § 2-93; Ord.
No. 86-2, 1-7-1986]
The Mayor is empowered to suspend
from office any elective officer of this City, with the consent of
a majority of all members elected to the City Council, pending trial
of the charges preferred against such officer for his/her removal
as provided for in this Subsection and, in case of any suspension
authorized by this Subsection, may immediately appoint some qualified
person to fill such office and perform the duties thereof pending
the trial of such charges and until the reinstatement or removal of
the officer so suspended. Such appointee, before entering upon the
discharge of his/her duties, shall furnish bond to the City for the
faithful performance of his/her official duties.
[R.O. 2011 § 115.150; R.O. 2009
§ 31.22; CC 1981 § 2-94; Ord.
No. 86-2, 1-7-1986]
A.
The suspension of an elective officer shall
be effected by a written order to that effect, signed by the Mayor
and filed by him/her in the office of the City Clerk. Such order shall
be accompanied by a written specification of the charges on which
such order is founded, formulated in such manner and with such reasonable
precision and detail as shall fully apprise the accused of the particular
charges he/she is to defend against and signed by the Mayor, a certified
copy of which order and specifications of charges shall be forthwith
made by the Clerk, under the Seal of the City, and delivered to the
Chief of Police who shall forthwith deliver the same to the officer
suspended or leave the same at the usual place of abode of such suspended
officer or with a member of his/her family over the age of fifteen
(15) years. The officer serving the same shall make his/her return
on the specification of charges filed by the Mayor aforesaid, when,
where and how he/she served the same and sign his/her name thereto.
[R.O. 2011 § 115.160; R.O. 2009
§ 31.23; CC 1981 § 2-95; Ord.
No. 86-2, 1-7-1986]
Whenever any elective officer has
been suspended, the Mayor shall lay the specification of charges filed
by him/her with the City Clerk before the City Council at the first
regular meeting thereafter or at a special meeting of the Council
called for that purpose and the Council shall, without unnecessary
delay, proceed to investigate the charges upon a day fixed by them.
Such day shall be fixed by resolution of the Council entered upon
the journal, whereupon the City Clerk shall forthwith make out a certified
copy of the resolution as well as another certified copy of such specifications
of charges, all under the Seal of the City, and deliver the same to
the Chief of Police who shall forthwith deliver the same to the officer
suspended or leave the same at the usual place of abode of such suspended
officer with a member of his/her family over the age of fifteen (15)
years and the officer serving the same shall make his/her written
return of such service opposite such resolution, on the margin of
the journal of the Council, how, when and where he/she served the
same and subscribe his/her name thereto.
[R.O. 2011 § 115.170; R.O. 2009
§ 31.24; CC 1981 §§ 2-96 — 2-106; Ord. No. 86-2, 1-7-1986]
A.
Procedure Generally. At the time set for
the hearing, the Council shall meet and proceed, according to such
rules as they may adopt and as provided by this Subsection, to hear
the evidence against and in favor of the accused and may adjourn from
time to time, if necessary, until all the evidence is heard. The City
Council shall determine all questions of law arising during the trial
upon the admission of evidence, the competency of evidence and otherwise.
B.
Failure Of Accused To Appear. If the accused shall have been notified as provided in Section 115.160, but shall not appear or, appearing, shall fail or refuse to make defense to the charges preferred against him/her, the Council may proceed ex parte.
C.
Oath To Be Administered. At the time and
place appointed for the trial and before proceeding therewith, the
Mayor, or in case the Mayor is the accused, the President Pro Tem
of the Council, shall administer to the members of the Council there
present and the Municipal Judge shall, at the same time, administer
to the Mayor, or in case the Mayor is the accused to the President
Pro Tem of the Council, an oath or affirmation, impartially to try
and determine the charges and do justice according to law and the
evidence.
D.
Depositions. Depositions of witnesses beyond
the jurisdiction of the Council, or prevented by sickness or other
sufficient cause from attendance, may be read at the trial and investigation,
if taken in conformity with the laws of this State. The notice of
the taking thereof, when taken on behalf of the accused, shall be
served upon the City Attorney or Mayor.
E.
Issuance And Service Of Subpoenas. Subpoenas
for witnesses to testify at any trial provided for by this Subsection
may be issued by the Mayor or by the President Pro Tem of the Council
in case the Mayor is the accused and shall be served and returned
by the Chief of Police or any Police Officer of this City in the same
manner as if issued by the Municipal Judge and such officer and witnesses
shall be entitled to the same fee as would be allowed for like services
in the Municipal Court.
F.
Attendance Of Witnesses And Production
Of Papers. The Council shall have power by a two-thirds (2/3) vote
of its members to compel the attendance of witnesses and the production
of papers relating to any subject under consideration in which the
interests of the City are involved or for the purpose of such investigation
and shall have a right to issue an attachment and call on the proper
officer of the City or any Sheriff or Constable in the County to execute
such process. The Mayor, or in case the Mayor is the accused, the
President Pro Tem of the Council, shall have power to administer oaths
to witnesses in all proceedings before the Council under this Subsection.
G.
Accused Entitled To Counsel. Upon any trial
for removal from elective office, the accused shall be entitled to
be heard, whether in person or by counsel, in his/her defense.
H.
City Attorney To Prosecute. It shall be
the duty of the City Attorney to manage and prosecute all trials on
behalf of the City for the removal of any elective City Officer, unless
he/she is the accused, in which event the Council shall appoint a
competent attorney, a qualified voter of such City, to act in his/her
stead during the trial proceedings.
I.
Proceedings To Be Entered On Council Journal.
The City Clerk shall cause to be recorded the proceedings of the Council
in all cases for the removal of any elective City Officer.
J.
Determination Of Guilty. As soon as all
the evidence has been taken and the case submitted, the Council shall
vote by "yeas" and "nays" upon the charges separately. The question
upon each charge shall be "Is the accused guilty?" If the Council,
by a majority vote of all the members elected to the City Council
and who heard all the evidence, find the accused guilty of either
of the charges, the Mayor may, if a majority of all the members elected
to the City Council by resolution concur in the same, remove the accused
from office and declare his/her office vacant.
K.
Accused Not To Take Part In Proceedings.
Should any charges under this Subsection be preferred against any
member of the City Council or the Mayor or any other elective City
Officer, such accused officer shall not participate as such officer
in the trial proceedings or issue or serve any process in relation
thereto and if the Mayor be the accused, the President Pro Tem of
the Council shall preside and discharge the duties of the Mayor under
this Chapter.
[R.O. 2011 § 115.180; R.O. 2009
§ 31.25; CC 1981 § 2-107; Ord.
No. 86-2, 1-7-1986]
The City Council, by a resolution adopted by a two-thirds (2/3) vote of all the members elected to the Council, may prefer any one (1) or more of the charges authorizing removal against any elective officer of this City. Such resolution shall specify the charges with the same particularity and detail as in case of specification of charges filed by the Mayor and shall specify the time when such charges will be investigated by the Council and shall be spread at large upon the journal of the Council. The City Clerk shall, without delay, make out a certified copy of such resolution, under the Seal of the City, and deliver the same to the Chief of Police who shall forthwith deliver the same to the accused or leave the same at his/her usual place of abode with a member of his/her family over the age of fifteen (15) years. The officer serving such resolution shall certify in writing, opposite the same on the margin of the journal of the Council, how, when and where he/she served the resolution and subscribe his/her name thereto. From the time of such service on him/her of such resolution, such accused officer shall stand suspended from office until reinstated as provided in Section 115.200. The conduct and proceedings pertaining to an investigation under this Section shall be carried on in the same manner as is provided by this Section for investigation of charges preferred by the Mayor. As soon as all the evidence has been taken on charges preferred by the Council and the case submitted, the Council shall vote by "yeas" and "nays" upon the charges separately. The question upon each charge shall be: "Is the accused guilty?" If the Council, by a two-thirds (2/3) vote of all the members elected to the City Council and who hear all of the evidence, find the accused guilty, such Council may then, by resolution of a two-thirds (2/3) vote of all the members elected to the Council, remove the accused from office and declare his/her office vacant.
[R.O. 2011 § 115.190; R.O. 2009
§ 31.26; CC 1981 § 2-109; Ord.
No. 86-2, 1-7-1986]
A.
It shall be unlawful for any officer of
the City, during a suspension from office, to perform or attempt to
perform any official duty.
B.
Every elective or appointive officer of
this City, after being removed from office, shall be notified of such
fact in writing by the Mayor or the President Pro Tem of the Council
in case the Mayor is the accused and it shall be unlawful for any
such officer, after having been legally removed from office and having
notice of such removal, to perform any official act or attempt to
perform any official act as such officer.
[R.O. 2011 § 115.200; R.O. 2009
§ 31.27; CC 1981 § 2-110; Ord.
No. 86-2, 1-7-1986]
If the accused shall be found not
guilty or shall not be removed from office as provided by this Article,
he/she shall be reinstated by the Mayor or the Council, or by both,
as the case may be.
