[Rev. Ord.
No. 49, § 1, 10-21-1912]
The Mayor is hereby empowered to suspend from office any elective
officer of the City for any of the following causes:
[Rev. Ord.
No. 49, § 2, 10-21-1912]
Suspension of an officer of the City shall be effected by an
order filed by the Mayor in the office of the City Clerk, accompanied
by a statement of the charges upon which the suspension is founded,
a copy of which shall be forthwith made by the City Clerk and delivered
to the Chief of Police, who shall forthwith deliver the same to the
suspended officer.
[Rev. Ord.
No. 49, § 2, 10-21-1912]
If any City Officer shall, during suspension from office, attempt
to perform any official duty he shall be deemed guilty of a misdemeanor.
[Rev. Ord.
No. 49, § 3, 10-21-1912]
Whenever any officer of the City shall have been suspended the
Mayor, or any member of the City Council, may lay the charges before
the Council at its first meeting thereafter, and the Council shall,
without unnecessary delay proceed to investigate such charges upon
a date to be fixed by the Council.
[Rev. Ord.
No. 49, § 4, 10-21-1912]
Any member of the City Council may likewise prefer charges against the Mayor or any other officer of the City, a statement of which charges shall be filed by the member of the Council making the same, in the office of the City Clerk, and a copy thereof shall be made by the City Clerk and served by the Chief of Police upon the officer charged as provided in this Division and said charges shall be laid before the Council by the City Clerk at its next meeting and shall be proceeded with as provided in Section 2-74.
[Rev. Ord.
No. 49, § 5, 10-21-1912]
Before proceeding with the hearing on the suspension of an officer
of the City, the City Council shall first cause a notice to be prepared
by the City Clerk and served by the Chief of Police or Deputy Chief
of Police, upon the accused, at least five (5) days before the time
fixed for the hearing, notifying him to appear and answer such charges,
and specifying the time and place of the hearing. The notice may be
served in the same manner as an ordinary summons in a civil action
as provided by the laws of the State; however, if, for any reason
such notice cannot be served within the City, it may be served by
posting three (3) copies thereof in as many public places in said
City.
[Rev. Ord.
No. 49, § 10, 10-21-1912]
The City Council shall have the power to compel the attendance
of witnesses, and the production of papers relating to any subject
under consideration, in which the interest of the City is involved,
and shall have a right to issue an attachment, and call on the proper
officer of the City or the Sheriff or any constable in the County
to execute such process. The President of the Council shall have the
power to administer oaths to witnesses in all proceedings before the
Council under this Division.
[Rev. Ord.
No. 49, § 9, 10-21-1912]
Subpoenas for witnesses to testify on any trial may be issued
by the Mayor, or any person acting as such, and shall be served and
returned by any proper officer of the City, or of the County, in the
same manner as if issued by the Municipal Judge.
[Rev. Ord.
No. 49, § 11, 10-21-1912]
Depositions of witnesses beyond the jurisdiction of the City
Council, or prevented by sickness or other sufficient cause from attendance,
may be read on the trial and investigation, if taken in conformity
to the laws of this State. The notice of the taking thereof, when
taken on behalf of the accused, shall be served on the City Attorney.
[Rev. Ord.
No. 49, § 12, 10-21-1912]
Upon any hearing held pursuant to this Division, the accused
shall be entitled to be heard by himself and have his counsel in his
defense, and the City Attorney, or person acting as such, shall attend
the trial and prosecute on behalf of the City.
[Rev. Ord.
No. 49, § 7, 10-21-1912]
As soon as all the evidence has been taken and the case submitted,
the City Council shall vote upon the charges and specifications. If
the council by a majority vote of all the members elected find the
accused guilty of the charges, he may by resolution be removed from
office. If the council by a two-thirds (2/3) vote of all its members
adopt such a resolution, the office shall thereupon be declared vacant;
however, if the charges preferred be that the accused is or has been
directly or indirectly interested in any contract under the City or
in any work done by the City, or any of its institutions, the accused
shall be dismissed from office, and his office shall become vacant
if the City Council by a majority of all the members find the accused
guilty.
[Rev. Ord.
No. 49, § 7, 10-21-1912]
During the hearing on charges against the Mayor under this Division,
the President Pro Tem of the City Council shall preside.
[Rev. Ord.
No. 49, § 6, 10-21-1912]
At the time set for the hearing held pursuant to this Division,
the City Council shall meet and proceed according to such rules as
it may adopt, 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.
[Rev. Ord.
No. 49, § 8, 10-21-1912]
The proceedings of the City Council in all such cases heard
pursuant to this Division shall be entered at large upon the journal
of the proceedings of the Council.
All appointive employees of the City are declared to be at will
employees and may be terminated by the City Council at its discretion.
