Chapter 12.18 — REMOVAL FROM OFFICE

This chapter implements the ground and process for removal of a member of the city council pursuant to Charter Section 405. The purpose of the proceeding established in this chapter is to determine whether the member should be allowed to continue in his or her capacity as an elected official of the City of San José and not to determine whether the member is guilty of a crime. The principal objective of the proceeding is to protect the City of San José and the public which it serves from persons unfit to hold elective office as a member of the city council. The removal process set forth in this chapter is the most severe response to misconduct in office and should be exercised only for the most egregious and serious offenses.

(Ord. 27925.)

Part 2 - DEFINITIONS

The definitions set forth in this part shall govern the application and interpretation of this chapter.

(Ord. 27925.)

"Member of council" means any of the members of the city council including the mayor as provided in Charter Section 1704.

(Ord. 27925.)

"Misconduct in office" means an egregious and serious wrongful or unlawful act, lawful act performed in a wrongful manner, or a failure to act when a duty to act existed, that is taken in his or her official capacity or in relation to the duties of office. For purposes of this chapter, members of council have a duty to abide by federal and state law, city charter, city ordinances, and city policies, including conflict of interest or governmental ethics laws.

(Ord. 27925.)

"Rules committee" means the committee of the city council established as the rules committee by City Council Resolution No. 73321, as such resolution may be amended or superseded.

(Ord. 27925.)

"Subject member" means the member of council who is the subject of the request for removal from office.

(Ord. 27925.)

"Willful" means a purpose or willingness to commit the act or to not act with knowledge of a duty to act. Willfulness does not require knowledge that the act violates the law, or intent to violate the law, injure another or to acquire any advantage.

(Ord. 27925.)