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Removal of Cathaoirleach or Leas-Chathaoirleach from office.
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34.—(1) Subject to this section, a local authority may by resolution remove from office the Cathaoirleach or Leas-Chathaoirleach of such local authority for stated misbehaviour or if his or her removal appears to them to be necessary for the effective performance by the local authority of its functions.
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(2) Notice of the intention to propose a resolution under this section (in this section referred to as a “notice”) shall—
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(a) be signed by at least one-third of the total number of members of the local authority concerned,
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(b) contain a statement of the reasons for the proposed removal,
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(c) specify a day for the holding of a special meeting to consider the proposed removal, being a day which is not less than 21 days after the day on which the notice is delivered under paragraph (d),
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(d) be delivered to the meetings administrator, and
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(e) be delivered or sent to the Cathaoirleach or Leas-Chathaoirleach concerned.
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(3) The meetings administrator shall on receipt of a notice and without delay send a copy of it to every member of the local authority and convene a special meeting for the date so specified to consider the proposed removal.
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(4) (a) Such special meeting shall be chaired by a member of the local authority, other than the person the subject of the notice, chosen by the members present at the meeting.
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(b) The person the subject of the notice shall at such meeting be afforded an opportunity to make a statement of response in relation to the proposed removal.
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(5) It is necessary for the passing of a resolution under this section that at least three-quarters of the total number of members of the local authority concerned vote in favour of the resolution.
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