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The Council may remove the City Manager from office in accordance with the following procedures:
(1) The Council shall adopt by affirmative vote of two-thirds of all members elected or appointed to Council a preliminary resolution which must state the reasons for removal and may suspend the City Manager from duty for a period not to exceed 45 days. A copy of the resolution shall be delivered promptly to the City Manager.
(2) Within five days after a copy of the resolution is delivered to the City Manager, he/she 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 days nor later than thirty days after the request is filed. The City Manager may file with the Council a written reply not later than five days before the hearing.
(3) The Council may adopt a final resolution of removal, which may be made effective immediately, by affirmative vote of two-thirds of all members elected or appointed to Council at any time after five days from the date when a copy of the preliminary resolution was delivered to the City Manager, if he/she has not requested a public hearing, or at any time after the public hearing if he/she has requested one.
The Manager shall continue to receive his/her salary until the effective date of a final resolution of removal. The action of the Council in suspending or removing the City Manager shall not be subject to review by any court or agency. (Amended 5-3-11)