Section 3.4  CITY MANAGER - REMOVAL
Publisher's Note:This Section has been AMENDED by new legislation (Ord. Charter, adopted 11-2-2021). The text of the amendment will be incorporated below when the ordinance is codified.
   The City Council may remove the City Manager from office in accordance with the following procedure:
   a.    The Council shall adopt by a majority vote of the entire Council a preliminary resolution stating the reasons for removal.  The resolution may suspend the City Manager from duty for a period not to exceed forty five (45) days.  A copy of the resolution shall be delivered to the City Manager within five (5) days.
   b.   Within five (5) days after a copy of the resolution is delivered to the City Manager, the City Manager may file with the Council a written request for a public hearing.  This hearing shall be held at a Council meeting not earlier than fifteen (15) days nor later than thirty (30) days after the request is filed.  The City Manager shall receive at least ten (10) days notice of this hearing in writing.  The City Manager may file with the Council a written reply not later than five (5) days before the hearing.
   c.   If the City Manager has not requested a public hearing, the Council may adopt a final resolution of removal, which may be made effective at once, by a majority vote of the entire Council at any time after five (5) days from the date when a copy of the preliminary resolution was delivered to the City Manager.  If the City Manager has requested a public hearing, the final resolution of removal may be adopted at any time after the hearing.
   d.   The City Manager shall continue to receive full compensation until the effective date of the final resolution of removal.  The action of the Council in suspending or removing the City Manager in accordance with this Charter shall not be subject to review by any court.