§ 3-5-103. REMOVAL.

(a)

Authority to remove a member of the Board. In accordance with the procedure in subsections (b) through (e) of this section, the County Council may remove a member from the Board of Appeals for cause.

(b)

Procedure - Resolution and notice. The County Council shall:

(1)

Pass a resolution containing the reasons for the proposed removal; and

(2)

Cause a copy of the resolution to be mailed to the Board member.

(c)

Same - Suspension. At the same time that it passes the resolution under subsection (b) of this section, the County Council may suspend the Board member from office for the following 30 days during which time the member is entitled to receive any unpaid balance of the member's compensation which accrued before the suspension.

(d)

Same - Hearing.

(1)

The County Council shall grant the Board member a public hearing during which the member may:

(i)

Be represented by counsel; and

(ii)

Have all witnesses required to testify under oath.

(2)

The hearing shall be held:

(i)

Not less than 10 days after the member has been given notice of the Council resolution; and

(ii)

Not more than 30 days after the day the resolution was passed.

(e)

Same - Vote to remove. After the public hearing, the County Council may remove the member from the Board by the affirmative vote of not less than five Council members.

(1988 Code, § 2-353) (Bill No. 31-99, § 3, 7-1-2004)