SECTION 8.06. REMOVAL FROM OFFICE.
The office of an elected official of the Municipality shall be declared vacant by
resolution of Council upon determination that the elected official:
(1) Does not possess, or has ceased to possess the qualifications of office, as stated in
Section 8.04.
(2) Has failed to take the required oath or affirmation.
(3) While in office has been convicted of, or entered a plea of guilty to, a felony or a
crime involving moral turpitude.
(4) Has been adjudicated mentally incompetent.
(5) Is guilty of gross misconduct, gross neglect of duty, misfeasance, malfeasance, or
nonfeasance in office.
(6) Has violated the oath or affirmation of office.
In addition to the grounds for removal provided above, Council may remove any of its members for persistent failure to abide by the rules of Council, or for absence without justifiable excuse from three (3) consecutive regular meetings.
The decision of Council to remove an elected official shall be made only upon
concurrence of two-third's (2/3's) or more members of Council after public hearing upon the charge or charges brought; and, provided further, that the accused elected official shall have been notified, in writing, of the charge or charges against him or her at least fifteen (15) days in advance of such public hearing; and, provided further, that he or she or his or her counsel shall have been given an opportunity to be heard, present evidence, and examine witnesses appearing in support of such charge or charges.
The decision of Council after compliance with this section shall be final.
The elected official so removed shall not be eligible for appointment to the vacancy created thereby.
Main Entry: mis?•fea?•sance
Pronunciation: mis-'fEz-&ns
Function: noun
Etymology: Anglo-French misfesance, from Middle French mesfaire to do wrong, from mes- wrongly + faire to make, do, from Latin facere
: the performance of a lawful action in an illegal or improper manner; specifically : the performance of an official duty in an improper or unlawful manner or with an improper or corrupt motive
Main Entry: mal?•fea?•sance
Pronunciation: ''mal-'fEz-&ns
Function: noun
Etymology: mal- bad + obsolete English feasance doing, execution, from Old French faisance, from fais-, stem of faire to make, do, from Latin facere
: the commission (as by a public official) of a wrongful or unlawful act involving or affecting the performance of one's duties
Main Entry: non?•fea?•sance
Pronunciation: ''n?¤n-'fEz-&ns
Function: noun
Etymology: non- + obsolete English feasance doing, execution, from Anglo-French fesance, from Old French faisance act, from fais-, stem of faire to do, from Latin facere
: the failure or omission to do something that should be done or esp. something that one is under a duty or obligation to do
The office of an elected official of the Municipality shall be declared vacant by
resolution of Council upon determination that the elected official:
(1) Does not possess, or has ceased to possess the qualifications of office, as stated in
Section 8.04.
(2) Has failed to take the required oath or affirmation.
(3) While in office has been convicted of, or entered a plea of guilty to, a felony or a
crime involving moral turpitude.
(4) Has been adjudicated mentally incompetent.
(5) Is guilty of gross misconduct, gross neglect of duty, misfeasance, malfeasance, or
nonfeasance in office.
(6) Has violated the oath or affirmation of office.
In addition to the grounds for removal provided above, Council may remove any of its members for persistent failure to abide by the rules of Council, or for absence without justifiable excuse from three (3) consecutive regular meetings.
The decision of Council to remove an elected official shall be made only upon
concurrence of two-third's (2/3's) or more members of Council after public hearing upon the charge or charges brought; and, provided further, that the accused elected official shall have been notified, in writing, of the charge or charges against him or her at least fifteen (15) days in advance of such public hearing; and, provided further, that he or she or his or her counsel shall have been given an opportunity to be heard, present evidence, and examine witnesses appearing in support of such charge or charges.
The decision of Council after compliance with this section shall be final.
The elected official so removed shall not be eligible for appointment to the vacancy created thereby.
Main Entry: mis?•fea?•sance
Pronunciation: mis-'fEz-&ns
Function: noun
Etymology: Anglo-French misfesance, from Middle French mesfaire to do wrong, from mes- wrongly + faire to make, do, from Latin facere
: the performance of a lawful action in an illegal or improper manner; specifically : the performance of an official duty in an improper or unlawful manner or with an improper or corrupt motive
Main Entry: mal?•fea?•sance
Pronunciation: ''mal-'fEz-&ns
Function: noun
Etymology: mal- bad + obsolete English feasance doing, execution, from Old French faisance, from fais-, stem of faire to make, do, from Latin facere
: the commission (as by a public official) of a wrongful or unlawful act involving or affecting the performance of one's duties
Main Entry: non?•fea?•sance
Pronunciation: ''n?¤n-'fEz-&ns
Function: noun
Etymology: non- + obsolete English feasance doing, execution, from Anglo-French fesance, from Old French faisance act, from fais-, stem of faire to do, from Latin facere
: the failure or omission to do something that should be done or esp. something that one is under a duty or obligation to do
