§ 4-205. Suspension and Removal.

The Mayor shall be subject to suspension or removal from office only in the following manner and for the following reasons:

(1)

(a)

In the event that a Mayor is afflicted with a mental or physical condition that renders the Mayor temporarily or permanently unable to discharge the powers and duties of office, the Chief Administrative Officer, the City Attorney, the Director of the Department of Health or a physician designated by the Director of that Department or its successor, and a physician appointed by the deans of the Louisiana State University Medical School and the Tulane University Medical School shall so certify by unanimous written declaration before a Notary Public and shall promptly deliver their declaration to the Clerk of Council. If the declaration certifies that the Mayor is temporarily incapable of performing the duties of office, the Council shall be required to vote on the matter within seven days from delivery of the declaration; upon rendering an affirmative vote of two-thirds of its entire membership, the Council shall declare the office temporarily vacant due to the incapacity of the incumbent. Thereafter, the district Councilmembers shall forthwith, by majority vote, appoint one of the Councilmembers-at-large as acting Mayor. If the declaration certifies that the Mayor is permanently incapable of performing the duties of office, the Council shall be required to vote on the matter within seven days from the delivery of the declaration; upon rendering an affirmative vote of two-thirds of its entire membership, the Council shall declare that the seat of the Mayor is vacant due to the incapacity of the incumbent and shall proceed forthwith to fill the vacancy in accordance with the provisions of Section 4-204 of this Charter.

(b)

Any Mayor who has been determined to be temporarily or permanently unable to discharge the powers and duties of office shall continue to receive from the city a sum which together with the Mayor's disability benefits and retirement allowance, if any, shall equal the annual salary which such Mayor was receiving at the time of the determination of temporary or permanent incapacity, payable in the same manner as the Mayor was previously compensated until the expiration of the term for which such Mayor had been elected or such Mayor's death, whichever shall occur first. The Mayor shall apply for any retirement allowance or disability benefits to which entitled, and the disability allowance provided for in this section shall not reduce or suspend such retirement allowance or disability benefits, notwithstanding any other provision of law.

(2)

In the event that a Mayor pleads guilty or nolo contendere to a federal or state felony charge, the Council shall, by a majority vote of its entire membership, declare that the seat of the Mayor is vacant due to the disqualification of the incumbent for felonious behavior and shall forthwith proceed to fill the vacancy in accordance with the provisions of Section 4-204 of this Charter.

(3)

(a)

If the Mayor is convicted of a federal or state felony, the Mayor 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 a majority vote of its entire membership, declare that the seat of the Mayor is vacant due to the disqualification of the incumbent for felonious behavior and shall forthwith proceed to fill the vacancy in accordance with the provisions of Section 4-204 of this Charter. During the period of suspension, the Mayor shall not perform any official act, duty, or function nor shall the Mayor receive any compensation, pay, allowance, emolument, or privilege of the office. If the conviction is reversed on appeal, the Mayor 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 Mayor, but for the suspension, would have been paid that portion. Additionally, the Mayor shall have restored all rights, duties, powers, allowances, emoluments, and privileges of office.

(b)

During this suspension, the Council shall, by a majority vote of its entire membership, declare that the seat of the Mayor is temporarily vacant due to suspension. Thereafter, the district councilmembers shall, by majority vote, appoint one of the councilmembers-at-large as acting Mayor. Any councilmember-at-large appointed to fill a temporary vacancy under the terms of this section shall serve in the appointed capacity until the conviction of the Mayor is reversed on appeal or until expiration of the term of office of the suspended Mayor, whichever comes first.

(4)

In the event that a Mayor is recalled from office in accordance with state or municipal law, the vacancy shall be filled forthwith in accordance with the provisions of Section 4-204 of this Charter.

(5)

In the event that the Mayor fails to meet the qualifications for office, the Mayor shall thereby vacate the office and the vacancy shall be filled forthwith in accordance with the provisions of Section 4-204 of this Charter.