Tupper was reprimanded by the council in 2006 for two ethics violations related to voting on city property acquisitions in a block where he advised his son to buy property. Tupper was serving as mayor and the council followed the vote to censure him with a vote of confidence.

West was censured in 1995 for trying to move a friend up on the wait list for public housing assistance.

And in 2000, after reporting on election day that campaign signs bearing ethnic slurs were put in his yard, there was a three-month investigation into whether West participated in the incident as a way to win election-day publicity. A friend of West’s admitted to planting the signs but said it was a prank. The council probe, which cost $10,000, produced little evidence about whether West knew of the prank.

At the time, current council member Phil Stinnett asked the council to hold a hearing before abandoning the case, but his effort was defeated.

Current hearing

Because it is so unusual for this type of hearing to be held, City Attorney Brian Head gave the City Council written guidelines on the procedure.

Head said Mayor Gary Shaw will conduct the proceeding and will be able to confer with the city’s municipal judge, Alex Curchin. Curchin will sit with Shaw to assist the mayor with rulings regarding evidence and procedure.

The city attorney will call witnesses. Head said the city charter does not make provisions for the city to pay for legal representation at the hearing for the witnesses or Tupper. However the city did make arrangements for city employees to confer with an attorney if they wanted to do so before the hearing.

The witnesses will give their testimony under oath, which will be administered by City Clerk Barbara Hogelin.

The city attorney will guide the witnesses in giving direct testimony to establish the record the witnesses are to give. Then, council members will be allowed to ask questions of the witnesses. Tupper also will be allowed to ask questions.

When all sides agree that they are done with a witness, that witness will be excused.

After the city has presented all its witnesses, Tupper will have the right to testify under oath, call his own witnesses and offer any supporting documentary evidence.

The city attorney and the council may question any witnesses Tupper calls.

After all the evidence of both sides has been presented, the city attorney will advise the council on the standard of proof. The council then may take a vote on whether it finds violations exist.

After the hearing