§ 2-306. Removal of the chairman or commissioner; procedure for removal.

(a)

The chairman or any commissioner shall be subject to removal from any office for any one (1) or more of the following causes:

(1)

Incompetence, misfeasance or malfeasance in office;

(2)

Conviction of a crime involving moral turpitude or a crime punishable as a felony;

(3)

Failure at any time to possess any of the qualifications of office as provided by this this Charter;

(4)

Violation of Ethics and Prohibited Practices as set forth in Article II, Chapter 3 of this Charter;

(5)

Abandonment of office or neglect to perform the duties thereof; to

(6)

Failure for any other cause to perform the duties of office as required by this Charter or by law.

(b)

Removal of an elected officer provided for in this Section from office may be accomplished by one (1) of the following methods:

(1)

By affirmative vote of four (4) members of the Commission. In the event an elected officer is sought to be removed by the action of the Commission, such officer shall be first entitled to a written notice specifying the grounds for removal and to a public hearing which shall be held not less than 30 days after the service of such written notice. Any elected officer sought to be removed from office as herein provided shall have the right of appeal from the decision of the Commission to the superior court for a jury trial de novo. Such appeal shall be governed by the same rules as govern appeals to the superior court from the probate court; or

(2)

By information filed in the superior court as authorized by Code Section 9-6-64 of the O.C.G.A., as amended.