Daily press and Dakotaian. [volume] (Yankton, Dakota Territory [S.D.]) 1875-1880, 1877-12-07
CITY ORDINANCE.
Removal OF Omccrs.

CITY ORDINANCE.
Removal Of Omccrs.
Be 1t Ordained By the Mayor and Cnv Coun.
cIof tie City Of Ydnkton, d. r.:
SECTION l. Whenever aDy member of the
city council of the city of Yank,on, or any
'f1icers of said city, elected by the voters of
said city. or Of any ward or district thereof,
or appointed by the mayor and city coun.
Gil, shall become habilually incorporate, or
in any way incompetent to the discharge Of
the duties of his Office or become grossly
negligent in the discharge of his duties, or
shall refuse to pay over anv money 10 his
hands belonging to said city, or to present
his books or accounts to the proper officer
or committee of the said council for
examination. adjustment or settlement, or
shall bc guilty OF any other misconduct in
Office, either in refusing to obey the lawful
niders or resolutions or requirements et the
said city council, or in any other manner,
such officer shall be at once removed from
Office by the city council.
SEC q Charges and tie specifications
thereof against any such member or officer
elected by the qualified voters of the SAID
city of Yankton or any ward thereof or dis.
trict thereof, shsll be preferred in writing,
and only by the mayor or at least two
members of the city council jointly. If the
council vote to entertain The charge or
charges, thev shall fix day for the trial. at
which time of trial it shall not be lawful
to transact any other business except as
may pertain to the matter under investlga.
,,on. The city clerk shall make out copy
of the charges and specifications, and the
city marshal, or any policeman of said city,
that NAV be directed bY said council. shall
deliver such copy 10 the person charged at
least three days before the day of trial.
The mayor or home person selected by the
council shall conduct the prosecution, and
the person charged may be heard in person
or by council. The trial may be adjourned
from time to time, as the council shall deem
necessary.
SEC. s. If any person shall refuse to at
tend as witness, or produce any books and
| papers in his possession, at euch trial, be-
fore the council or any committee of the
same, the council may order his arrest, by
the marshal or any policeman of said city,
and be brought before the council, and such
person when so arrested and brought be-
fore the council. may be punished for the
contempt by fine not exceeding fifty dol
lars, or by imprisonment not exceeding ten
days, or otherwise, as the council may di.
rect. All witnesses shall be examined un-
der oath or affirmation, to be administered
BY persons having authority to administer
oaths.
SEC 4. After hearing the proof on both
sides. the prosecution and defense may each,
| in the order named, once address the coun.
Gil. and for such length of time as the coun-
Gil shall determine. All questions arising
during the progress of the trial, either upon
the reception or rejection Of evidence, or
otherwise, shall be determined by the may.
or or presiding officer o! the council, sub
iect to an appeal TO the council by either
party. AT q close Of the arguments and If
none, then after the hearing of the proof,
the council by vote, of ayes and noes,
shall determine as to the truth OF the charge
or charges, or any of them. Ii The charge
or charges, or any Of them, or any part
thereof, are sustained, the council may take
such action in declaring the removal from
Office of the person accused, as to them may
seem proper The mayor may suspend any
officer from Office whenever any charges
have been preferred against him, and pend.
ing the trial Of the same.
Sec. s. Nothing herein contained shall be
so construed IS interfering in any way with
the rights of the city council, to examine
into charges against any appointed officer,
OF employee OI tnlb eAIu CITY, ny COMmAt-
tee of the council or otherwise, and in such
manner as they may determine, but the
council shall have the right SO to do, and
Any such officer may be removed from Office
at any time by the city council. No elective
officer shall be removed the second time fol
the same offense. The said city council
may make such further orders, rules and
Regulations, and do every other act and thing
not herein provided for, that they may
deem necessary for the hearing Of any
charges, or the trial Of any member or Off
Ger, or in preparing therefor, from tim,
to time, during any such hearing or trial
or preliminary thereto, by majority vot'
Of the members Of the council present, eithel
by motion, resolution, or otherwise.
Sec. 6. This ordinance ehsll take effec
and be in force from and after its passag'
and approval.
Passed December 5, 1877.
Approved December S, 1877
F. NJ. ZIEBAcH, Mayor.
f. 7. WHITE, Clerk.