§ 31-77. City council action.

(a)

Within 30 days following the receipt of the findings of the hearing officer and recommendations of the board, the mayor and council shall, at their next regularly scheduled meeting, either:

(1)

By simple majority accept the recommendations of the board;

(2)

By simple majority, accept the findings of the hearing officer and reject the recommended discipline, instead substituting its own discipline; or

(3)

By simple majority, dismiss the complaint.

(b)

If the subject of the complaint is the mayor or any councilmember, he or she will not be allowed to vote pursuant to this section or participate in any discussion related thereto, nor shall such position be counted for the purpose of establishing a quorum for this particular purpose.

(c)

Upon final determination by the city council pursuant to this section, the city clerk (or assistant city clerk if the city clerk is the subject of the complaint) shall serve the accused with certified copies of the findings and recommendations of the hearing officer and the board, as well as certified minutes of the final action of city council, by personal service, certified mail, Federal Express or other overnight delivery service.

(Ord. No. 660, pt. I, 11-19-13)