Part 4 — REMOVAL HEARING

Prior to a decision by the city council to remove the subject member from office, the subject member shall receive a public hearing before the city council. The hearing shall be set to provide reasonable notice to the subject member and to provide him or her a reasonable time to prepare a defense. The hearing shall be set not less than thirty calendar days and within sixty days from the date that the notice of hearing is served on the subject member. The date for the removal hearing may be extended beyond sixty days upon a showing of good cause by either party and approval by a simple majority of no less than affirmative votes of the city council.

(Ord. 27925.)

The following shall apply to the conduct of the public hearing:

A.

The subject member may be represented and may have the representative speak, present evidence, or question witnesses on his or her behalf.

B.

The subject member and a designee of the committee shall have an opportunity to present evidence and question witnesses.

C.

The subject member and a designee of the committee shall have the ability to subpoena witnesses and documents through the city council.

D.

Oral evidence shall be taken only on oath or affirmation.

E.

The public hearing is not a formal adversarial proceeding and strict rules of evidence shall not apply. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions.

F.

The mayor, or the vice mayor if the mayor is the subject of the allegations, shall preside at the hearing. If both the mayor and vice mayor are the subjects of the removal hearing, then the members of council remaining shall by a simple majority of no less than six affirmative votes of the city council elect a member of council to preside at the hearing.

G.

The city attorney or designee shall provide legal advice to the city council during the hearing.

(Ord. 27925.)

A.

The city council may determine that the subject member has committed willful misconduct in office only if all members of council who are eligible to vote find by clear and convincing evidence that such misconduct occurred. A decision to remove the subject member from office requires the adoption of a resolution at the conclusion of the hearing, by three-fourths vote of the members of council who are eligible to vote but no less than six affirmative votes of the city council setting forth the city council's findings with regard to the specific allegations.

B.

The subject member is not eligible to vote.

(Ord. 27925.)

Removal of a member of council will result in the office becoming vacant under Charter Section 409(e).

(Ord. 27925.)