§ 6. Impeachment of officers.

Be it further enacted that in case the mayor and/or council person while in office shall be guilty of malpractice, willful neglect in office or abuse the power conferred on him/her, he/she shall be subject to an impeachment proceeding upon majority vote of the city council. The mayor and/or council person who is subject to the impeachment proceedings shall be given no less than five business days notice of the impeachment hearing date, place and time. The mayor and/or council person who is subject to the impeachment proceedings shall have the right to counsel at the impeachment hearing at his/her own expense and the right to subpoena and present witnesses and other evidence. The burden of proof for impeachment shall be preponderance of the evidence and shall rest with the city. The members of the council who are not the subject to the impeachment hearing shall then vote on the issue of impeachment. Upon majority vote of impeachment by the council after the hearing, the affected member shall be removed from office.

(Res. No. 05-12, 7-25-05)