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(1)The Chief Administrative Officer, Deputy Chief Administrative Officer, Town Clerk of a city and Town Clerk of a municipality shall be removed from office in accordance with Articles 188(2) and 200(4) of the Constitution respectively.
(2)The town council may recommend the removal of a Town Clerk by a resolution supported by two-thirds of the council members on any of the following grounds—
(a)abuse of office;
(b)incompetence;
(c)misconduct or misbehaviour; or
(d)such physical or mental incapacity as would render the Town Clerk incapable of performing the duties of Town Clerk, as the case may be.
(3)Before passing a resolution under subsection (2), the council shall in writing, put its allegations to the Town Clerk who shall have the right to defend himself or herself before the council.
(4)Following the resolution of the council to remove the Town Clerk, the clerk to the council shall forward the council's decision together with supporting documents to the Chief Administrative Officer who shall immediately interdict the Town Clerk and require the Town Clerk to submit his or her written defence to the District Service Commission within fourteen days after receipt of the letter of interdiction.
(5)The District Service Commission shall conduct investigations into the allegations against the Town Clerk and take further appropriate action.
(6)The Town Clerk shall, during investigations under subsection (5), have a right to appear and defend himself or herself before the District Service Commission.
(7)On receipt of the letter of interdiction, the Town Clerk shall hand over to an officer designated by the Chief Administrative Officer.
(8)Where the Town Clerk is dissatisfied with the decision of the District Service Commission, he or she may appeal to the Public Service Commission.
You have the right to a fair removal process if you are a Chief Administrative Officer, Deputy Chief Administrative Officer, or Town Clerk. Removal mu...
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