§ 3-106. Salaries and Removal of Councilmembers.

(1)

The salary of each councilmember shall be as provided by ordinance, provided that each councilmember shall receive the same salary and that no increase of salary shall be effective during the term in which said increase is voted. No change in the salaries of councilmembers made during the last six months of any term shall be valid as to any councilmember elected for a succeeding term.

(2)

Councilmembers shall be removed from office only in the following manner and for the following reasons:

(a)

If a councilmember pleads guilty or nolo contendere to a federal or state felony charge, the Council shall, by majority vote of its entire membership, declare that the seat of the councilmember is vacant due to the disqualification of the incumbent for felonious behavior and shall forthwith proceed to fill the vacancy in accordance with the applicable provisions of Section 3-105 of this Charter. Should the Council fail to fill any vacancy within thirty days after its occurrence, the Mayor shall appoint a citizen with the requisite qualifications to fill the vacancy.

(b)

(i)

If a councilmember is convicted of a federal or state felony, that councilmember shall be automatically suspended from the seat without compensation. The suspension without compensation shall continue until the conviction is final and all appellate review of the original trial court proceedings is exhausted, at which time the Council shall, by majority vote of its entire membership, declare that the seat of the councilmember is vacant due to the disqualification of the incumbent for felonious behavior and shall forthwith proceed to fill the vacancy in accordance with the applicable provisions of Section 3-105 of this Charter. Should the Council fail to fill any vacancy within thirty days after its occurrence, the Mayor shall appoint a citizen with the requisite qualifications to fill the vacancy. During the period of suspension, the councilmember shall not perform any official act, duty, or function nor shall the councilmember receive any compensation, pay, allowance, emolument, or privilege of the office. If the conviction is reversed on appeal, the councilmember shall be entitled to and shall receive full back pay from the date of suspension with legal interest on portions thereof, from the date that the Councilmember, but for the suspension, would have been paid that portion. Additionally, the Councilmember shall have restored all rights, duties, powers, allowances, emoluments, and privileges of office.

(ii)

During this suspension, the Council shall, by a majority vote of its entire membership, declare that the seat of the councilmember is temporarily vacant due to suspension and shall forthwith proceed to fill the vacancy in accordance with the applicable provisions of Section 3-105(2)(a) of this Charter. Should the Council fail to fill any vacancy within thirty days after its occurrence, the Mayor shall appoint a citizen with the requisite qualifications to fill the vacancy. Any citizen appointed to fill a temporary vacancy under the terms of this section shall serve in the appointed capacity until the conviction of the councilmember is reversed on appeal or until expiration of the term of office of the suspended councilmember, whichever comes first.

(c)

If a councilmember is recalled from office in accordance with applicable state or municipal law, the vacancy shall be filled forthwith in accordance with the applicable provisions of Section 3-105 of this Charter.