The Authority may remove the Lord Mayor or Deputy Lord Mayor by a resolution supported by not less than two-thirds of all members; removal processes include petitions by at least one-third of members, ministerial constitution of a tribunal, medical board procedures for incapacity, and rights to appear, representation and appeal.
Section Vacation of office of Lord Mayor or Deputy Lord Mayor Section The Lord Mayor and Deputy Lord Mayor may be removed from office by the Authority by resolution supported by not less than two thirds majority of all the members of the Authority on any of the following grounds— Notwithstanding subsection (1), the seat of the Lord Mayor or Deputy Lord Mayor shall fall vacant if— For the purposes of removing the Lord Mayor or Deputy Lord Mayor under subsection (1) other than under subsection (l)(d), a petition in writing signed by not less than one third of all the members of the Authority shall be submitted to the Minister — A person shall not be eligible for appointment as member of the tribunal unless that person— For the purposes of the removal of the Lord Mayor or Deputy Lord Mayor on grounds of physical or mental incapacity under subsection (l)(d), there shall be submitted to the Minister , a petition in writing signed by not less than one-third of all the members of the Authority — abuse of office; incompetence; misconduct or misbehavior; physical and mental incapacity rendering him or her incapable of performing the duties of Lord Mayor or Deputy Lord Mayor ; failure to convene two consecutive meetings of the Authority without reasonable cause; or corruption. the holder resigns in writing addressed to the Minister ; the holder commits a breach of the Leadership Code of Conduct and the punishment imposed includes the vacation of office; the holder accepts appointment to a public office; the holder is sentenced to death or to imprisonment exceeding six months without the option of a fine; the holder is convicted of an offence involving dishonesty or moral turpitude; or circumstances arise which disqualify the holder from occupying the office under any other law. stating that the members intend to pass a resolution of the Authority to remove the Lord Mayor or Deputy Lord Mayor on any of the grounds set out in subsection (1); setting out the particulars of the charge supported by the necessary documents, where applicable, on which it is claimed that the conduct of the Lord Mayor or Deputy Lord Mayor be investigated for the purposes of his or her removal. For the avoidance of doubt, where a petition has been submitted to the Minister under subsection (3), a person shall not withdraw his or her signature supporting the petition. The Minister shall evaluate the petition in consultation with the Attorney General and if satisfied that there are sufficient grounds for doing so, shall, within twenty-one days after receipt of the petition, constitute a tribunal consisting of a Judge of the High Court or a person qualified to be appointed a Judge of the High Court, as chairperson and two other persons all of whom shall be appointed by the Minister in consultation with the Chief Justice, to investigate the allegations. is of high moral character and proven integrity; and possesses considerable experience and demonstrated competence and is of high calibre in the conduct of public affairs. The Lord Mayor or Deputy Lord Mayor is entitled to appear at the proceedings of the tribunal and to be represented by a lawyer or other expert or person of his or her choice. If the tribunal determines that there is a prima facie case for the removal of the Lord Mayor or Deputy Lord Mayor under subsection (1) other than subsection (1) (d), then if the Authority passes the resolution supported by the votes of not less than twothirds of all members of the Authority , the Lord Mayor or Deputy Lord Mayor shall cease to hold office. stating that they intend to pass a resolution of the Authority for the removal of the Lord Mayor or Deputy Lord Mayor from office on grounds of physical or mental incapacity; and giving particulars of the alleged incapacity. The Minister shall, within seven days after receipt of a petition under subsection (9), cause a copy to be transmitted to the Lord Mayor or Deputy Lord Mayor and the Chief Justice. The Chief Justice shall, within seven days after receipt of the notice transmitted under subsection (10) and in consultation with the Medical Council, constitute a medical board comprising three qualified medical specialists to examine the Lord Mayor or Deputy Lord Mayor in respect of the alleged incapacity and to report its findings to the Minister . Upon the constitution of the medical board under subsection (11), the Chief Justice shall, within seven days, inform the relevant Lord Mayor or Deputy Lord Mayor accordingly. The medical board shall examine the Lord Mayor or Deputy Lord Mayor within fourteen days after the Chief Justice has informed the relevant Lord Mayor or Deputy Lord Mayor of the constitution of the medical board. The Lord Mayor or Deputy Lord Mayor shall submit himself or herself to the medical board for examination on a day and time determined by the medical board. If the medical board determines that the relevant Lord Mayor or Deputy Lord Mayor is, by reason of physical or mental incapacity unable to perform the functions of the office of Lord Mayor or Deputy Lord Mayor and the Authority passes the resolution for his or her removal supported by the votes of not less than twothirds of all the members of the Authority , the Lord Mayor or Deputy Lord Mayor shall cease to hold office. If the medical board, after the expiration of the period of fourteen days referred to in subsection (13), reports that the relevant Lord Mayor or Deputy Lord Mayor has failed or refused to submit himself or herself to the medical board and the Authority passes the resolution for his or her removal supported by the votes of not less than two-thirds of all the members of the Authority , the Lord Mayor or Deputy Lord Mayor shall cease to hold office. The Minister shall convene the Authority within fourteen days after the receipt of the report of the tribunal or medical board. The motion for a resolution for the removal of the Lord Mayor or Deputy Lord Mayor shall be moved in the Authority within fourteen days after the receipt by the Minister of the report of the tribunal or the medical board, failure of which shall render the resolution time barred. The Lord Mayor or Deputy Lord Mayor is entitled to appear in person and be heard during the proceedings of the Authority relating to the motion for a resolution under this section or to appear by an advocate or other expert of his or her choice. A person who is removed as Lord Mayor or Deputy Lord Mayor may appeal to the High Court within twenty one days after the decision is communicated to him or her and the High Court may confirm or revoke the decision to remove him or her and make any order that the court considers just in the matter. The expenses of the tribunal and the medical board shall be met by the Authority .