(a) If the Manager has served less than six (6) months, the Manager may be removed by a majority vote of the members of Council without any right to a public hearing and without the benefit of the provisions of subsections (b), (c) and (d), of this section.
(b) If the Manager has served six (6) months or more the Council shall adopt by a majority vote of its members a preliminary resolution which must state the reasons for removal and may suspend the Manager from duty for a period not to exceed forty-five (45) days. A copy of-the resolution shall be delivered promptly to the Manager, and said resolution may go into immediate effect and need not be published.
(c) Within five (5) days after a copy of the resolution is delivered to the Manager, the Manager may file with the Clerk of Council a written request for a public hearing. This hearing shall be held at a regular or special Council meeting not earlier than fifteen (15) days or later than thirty (30) days after the request is filed. The date of the public hearing shall be set by the President of Council. The Manager may file with the Clerk of Council a written reply to the reasons for removal contained in the preliminary resolutions, not later than five (5) days before the hearing.
(d) The Council may adopt a final resolution of removal which may be made effective immediately, by a majority vote of its members at any time after five (5) days from the date when a copy of the preliminary resolution was delivered to the Manager, if the Manager has not requested a public hearing, or at any time after the public hearing if the Manager requested one.
(e) The Manager shall continue to receive his salary until the effective date of a final resolution of removal. The decision of the Council to suspend or remove the Manager shall be in the sole discretion of the Council and shall not be subject to review by any court.
(f) If the Manager is suspended from duty under subsections (a) or (b), the Council shall appoint by vote of a majority of the members thereof, an administrative officer who shall serve as acting manager until the Manager is restored to duty, or until Council shall appoint another person as acting manager or until another person is appointed Manager in accordance with this Charter. The acting manager so appointed shall exercise all powers, duties and functions of the Manager under this Charter.
(Amended 11-6-73; 11-2-93.)