Local Government (Mayor of Limerick) and Miscellaneous Provisions Act 2024

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Proposal for removal of Mayor from office

56. (1) Subject to this Part, the members may, by resolution (in this Part referred to as a “removal resolution”) at a special meeting convened under section 58 , adopt a proposal that the Mayor be removed from office by removal order on either or both of the following grounds:

(a) that the Mayor has engaged in stated misbehaviour;

(b) that the Mayor has—

(i) failed to a material extent, without reasonable cause, to perform his or her functions, and

(ii) such failure is of an extent which is likely to materially impede the effective performance by Limerick City and County Council of its functions.

(2) Notice in writing of the intention to propose a removal resolution (in this Part referred to as a “removal notice”) shall—

(a) be signed by at least two-thirds of the total number of the members,

(b) specify the ground or grounds, referred to in subsection (1), on which the resolution is proposed,

(c) contain a statement of the reasons for the proposal, and

(d) subject to subsection (4), without delay be delivered to the Príomh Chomhairleoir.

(3) A copy of a removal notice shall, on the same day that it is delivered to the Príomh Chomhairleoir, be delivered to the Mayor.

(4) A removal notice shall not be delivered to the Príomh Chomhairleoir—

(a) earlier than 12 months after the election to office of the Mayor to which the notice relates,

(b) earlier than 12 months after a vote of the members on a removal resolution that was not passed in relation to that Mayor, or

(c) earlier than 12 months after a decision of the Minister under subsection (5) of section 63 .

(5) Upon receipt of a removal notice, the Príomh Chomhairleoir shall, without delay—

(a) inform the Minister that the removal notice has been received, and

(b) deliver a copy of the removal notice to the director general, who shall furnish a copy thereof to each member.