The Council may remove the Manager from office at any time in accordance with the following procedures:
(1) Council may adopt, by affirmative vote of a majority of all members, a preliminary resolution, which must state the reason for removal and may suspend the Manager from duty for a period not to exceed forty-five days. A copy of this resolution shall be delivered promptly to the Manager.
(2) Within five days after a copy of the resolution is delivered to the Manager, he or she may file with the Clerk of 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 Manager may file with the Clerk a written reply to the charges not later than five days before the hearing and may be represented by counsel.
(3) The Council may adopt a final resolution of removal, which may be made effective immediately, by affirmative vote of a majority of all its members, at any time after five days from the date when a copy of the preliminary resolution was delivered to the Manager, if he or she has not requested a public hearing, or at any time after the public hearing has been terminated.
(4) The Manager shall be paid his or her salary until the effective date of the final resolution of removal.
(5) The action of Council in suspending or removing the Manager shall not be subject to review by any court or agency.
(Amended 11-6-01)