§ 2-338. Absenteeism by members.

(a)

Definitions. As used in this division, the following terms are defined as follows:

Board means any board, committee, or commission of the City.

Cause for removal includes absence by a regular member of a board from three regular meetings of the board without good cause within any consecutive 12-month period. The term also includes misfeasance, malfeasance or nonfeasance by a regular or alternate member as may be determined in the sole discretion of the City Council after notice and hearing.

Good cause means a cause necessitating a regular member's absence, limited to illness of the member, illness of or death in the immediate family of the member, inability of the member to attend the meeting due to business or vacation which requires the member to be out of the City, inability of the member to attend the meeting due to causes beyond the member's control such as an act of God.

(b)

Notice and procedure. Any board member may be removed from a board if there is cause for removal. The removal of a board member shall be initiated by the chair of the board, or by a majority of all regular members of the board, or by the Mayor, who shall give written notice to the City Clerk that clearly identifies the cause for removal and facts in support thereof. The City Clerk shall give written notice to the member which shall afford the member an opportunity to resign or to request a hearing before the City Council. If the member requests a hearing, the member shall file a written request for a hearing with the City Clerk not later than ten days following receipt of the notice, and the City Clerk shall schedule a hearing before the City Council at the next regular City Council meeting which is more than seven days following the filing of the request for a hearing. At the hearing, the member shall have the right to appear in person or by legal counsel.

(Code 1973, § 2-4; Code 1992, § 2-297)