Sec. 1033. Mayors of cities; how chosen; their duties;
appeals from their decisions; how removed for malfeasance,
et cetera.
In every city there shall be elected by the qualified voters
thereof a mayor for a term of four years, who shall be the chief
executive officer of such city, and shall take care that the by-laws
and ordinances thereof are fully executed. The mayor shall see
that the duties of the various city officers, members of the police
and fire departments, whether elected or appointed, in and
for such city, are faithfully performed. He shall have power
to investigate their acts, have access to all books and documents
in their offices, and may examine them and their subordinates
on oath. The evidence given by persons so examined shall not
be used against them in any criminal proceedings. He shall
also have power to suspend such officers and the members of
the police and fire departments, and to remove such officers for
misconduct in office or neglect of duty, to be specified in the
order or suspension or removal; but no such removal shall be
made without reasonable notice to the officer complained of,
and an opportunity afforded him to be heard in person or by
counsel, and to present testimony in his defense. From such
order of suspension or removal, the city officer so suspended
or removed, or the member of the police or fire department so
suspended, unless the charter of the city provides for an appeal
to the board of police commissioners, or to the board of fire
commissioners, shall have an appeal of right to the corporation
court; or, if there be no such court, to the circuit court of such
city, in which court the case shall be heard de novo by the
judge thereof, in term time or in vacation, whose decision shall
be final. He shall have all other powers and duties which may
be conferred and imposed upon him by general laws. The corporation
court of a city may remove the mayor of said city
from office for malfeasance, misfeasance, or gross neglect of
official duty, and such removal shall be deemed a vacation of
the office. All proceedings against a mayor for the purpose of
removing him from office shall be by order of or motion before
said court, upon reasonable notice to the party affected thereby,
and with the right to said party of an appeal to the supreme
court of appeals.
In event of the death, resignation, removal of the mayor,
or his inability to discharge his duties from some other cause,
his place shall be filled and his duties shall be discharged by
the president of the board of aldermen or by the president of
the council, according as the city council has or has not the
branches, until another mayor is elected and qualified, or until
such inability shall cease.
Within ten days after such death, resignation, or removal of
the mayor, the corporation or hustings court of the city shall
order a special election, which shall be held within thirty days
after such order is entered, to fill the unexpired term of such
mayor: provided, the unexpired part of said term remaining
after such election is as much as one year. But nothing in this
section shall be construed to alter or repeal the provisions of
the charter of any city regulating the filling of any vacancy
in the office of mayor.
