§ CH. 3.9. Forfeiture procedure.  


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  • The Council shall be the final judge of the grounds for forfeiture of a Councilmember's office and for that purpose shall have the power to subpoena witnesses, administer oaths and require the production of evidence. A member charged with forfeiture of office shall be entitled to a public hearing on demand. Notice of such hearing shall be given in the manner provided by ordinance.
    An order of the City Council of forfeiture shall be effective immediately. A petition for judicial review of such order may be filed in a court of competent jurisdiction within two weeks after notice to the Councilmember of such order. Sending a copy of the order of forfeiture by United States mail, certified and postage prepaid, addressed to the Councilmember at his or her address on file with the City Clerk, shall constitute notice for purposes of this section. During the pendency of any such judicial action or proceeding, anyone appointed by the Council or elected to fill the vacancy resulting from such forfeiture shall have all the rights, duties, and powers of a Councilmember and shall continue in such office for the remainder of the term (in the absence of death, removal from office or disqualification) unless and until a final judgment is rendered holding the declaration of forfeiture to be invalid or ordering the Council to reinstate the Councilmember.