The Council may remove the Manager from office in accordance with the following procedures:
A. Council may suspend the Manager with or without pay pending any investigation Council might determine to be necessary.
B. The Council may, by majority vote of all its members, regardless of whether there has been an investigation, adopt a resolution of intent which shall state the reasons for removal and may suspend the Manager from duty with or without pay for a period not to exceed thirty (30) days. A copy of the resolution shall be delivered to the Manager by the Law Director and/or Clerk of Council.
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 ten (10) days nor later than thirty (30) days after the request is filed. The date of the public hearing shall be that notice required for a Special Council meeting. The Manager shall file with the Clerk of Council a written reply to the resolution of intent, 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 vote of a majority of its members at any time after five (5) days from the date when a copy of the resolution of intent 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 has requested one.
E. The decision of the Council to suspend or remove the Manager shall be in the sole discretion of the Council.
F. If the Manager is suspended from duty, Section 4.03 does not apply. The Council shall appoint, by vote of a majority of its members, an Acting Manager until the Manager is restored to duty or until Council shall appoint a person to the position of Manager as provided for under this Charter. The Acting Manager so appointed shall exercise all powers, duties and functions of the Manager under this Charter.