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ORDINANCE ESTABLISHING THE PROCEDURE FOR CHARGES AGAINST CITY OFFICIALS
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If any person holding any office or position by election or appointment, shall neglect or refuse to perform any duty enjoined upon him either by law or by ordinance, and the Council shall desire to investigate any such neglect or refusal and punish the same, written charges shall be made against any such person holding such office or position, which charges shall state all the facts expected to be proven, and shall be signed either by the Mayor or the City Clerk or some member of the Council.
The said charges shall be filed with the City Clerk unless she be the person charged and in that case, with some member of the Council, to be designated at the time of filing the said charges.
A copy of the said charge shall be delivered to the person charged, by some officer to be designated by the council as soon after said charges are made as the same is practicable, and the trial upon the said charges shall be had at the next regular meeting of the council; provided the same may be continued at the discretion of the council.
If the person charged does not appear, the Council may proceed with the trial, unless such excuse for delay be given as in the discretion of the Council justify a continuance. If the charges are of such a serious nature as to justify the same, the Council may in its discretion suspend such person charged until the trial be had.
If the Council desire, they may call in the City Attorney to prosecute all such charges; and in case any charges are preferred against the City Attorney, may call in some other person to prosecute him. In case any charges are preferred against the Mayor, then one of the members of the Council shall be elected as president pro tem. In case any charges are preferred against the City Clerk, then a member of the Council shall act as Clerk during the trial, such member having the right to vote and to take any other part in the trial the same as any other member of the Council.
The testimony of all witnesses shall be under oath, unless the same be waived by the parties signing the charges and by the defendant, provided, the Council may require all witnesses to be sworn.
The Council shall hear all the testimony tending to prove or aggravate the charges, and all that tending to refute or disprove the charges, or in mitigation of the same. After hearing all the testimony, the council shall determine from the same the guilt or innocence of the person on trial and fix the penalty at suspension from the office or position temporarily or removal from office at their discretion. If the person on trial be not present, then the findings and action of the Council shall be written out and the person on trial shall be given a copy, or offered same.
If any member of the Council be on trial, he shall have no vote on any question of evidence, guilt or innocence, or the punishment to be inflicted.
Passed and adopted this August 21, 1905.