A Manager shall be appointed by the Council. A majority vote of the members of the Council shall be required for the appointment of the Manager. The Council may remove the Manager from office in accordance with the following procedures:
a. If the Manager has served less than six (6) months, he may be removed by a vote of five (5) members of Council voting for his dismissal, 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of the resolution shall be delivered promptly to the Manager, and said resolution may go into immediate effect and need not be published.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, he 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 he has not requested a public hearing, or at any time after the public hearing if he has requested one (1).
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 subsection 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.
The Council shall fix the compensation of the Manager.
The Manager shall be appointed solely on the basis of his executive and administrative qualifications, and need not be a resident of the Municipality at the time of his appointment, but shall become a resident of the Municipality within six (6) months after his appointment unless residence outside the Municipality is approved by a majority vote of the members of the Council. No one elected or appointed as a member of Council may be appointed as Manager until two (2) years after such member has terminated his membership on the Council.
The Manager may designate, by letter filed with the Clerk of Council, any qualified administrative officer of the Municipality to perform his powers, duties and functions during his temporary absence from the Municipality or during his disability. Such designation shall not be effective until the Council has approved it by a majority vote of the members of the Council, and the Council may revoke such designation by a majority vote of the members thereto. If such designation has not been made and the Manager is absent from the Municipality, or unable to perform his duties or to make such designation, the Council may, by motion, appoint any qualified administrative officer of the Municipality to perform the powers, duties and functions of the Manager until he shall return to the Municipality or the disability ceases. The Acting Manager so designated shall exercise all powers, duties and functions of the Manager during the temporary absence from the Municipality or disability of the Manager.
In the event of a vacancy in the office of Manager, the Council may designate a person as Acting Manager, who shall exercise all powers, duties and functions of the Manager until a Manager is appointed.
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