(a) APPOINTMENT, QUALIFICATIONS, COMPENSATION. The City Council shall appoint a City Manager for an indefinite term and shall fix his/her compensation. The City Manager shall be appointed solely on the basis of his/her executive and administrative qualifications. He/She need not be a resident of the City or State at the time of appointment; however, residency must be established within the City limits within ninety (90) days of City Council appointment or upon completion of a probationary period if applicable.
(b) VACANCY. The City Council shall appoint a City Manager within one hundred twenty (120) days after any vacancy exists in the position, or they may appoint an acting City Manager during the period of a vacancy in the office.
(c) REMOVAL. The City Council may remove the City Manager from office in accordance with the following procedures:
(1) The City Council shall adopt by affirmative vote of a majority of all its members 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 City Council a written request for a public hearing. This hearing shall be held at a City Council meeting not earlier than fifteen days nor later than thirty days after the request is filed. The City Manager may file with the City Council a written reply not later than five days before the hearing.
(3) The City 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 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.
(4) The City Manager shall continue to receive his/her salary until the effective date of a final resolution of removal. The action of the City Council in suspending or removing the City Manager shall not be subject to review by any Court or Agency.
(d) ACTING CITY MANAGER. By letter filed with the City Clerk-Treasurer the City Manager shall designate, subject to approval of the City Council, a qualified City administrative officer to exercise the powers and perform the duties of City Manager during his/her temporary absence or disability. During such absence or disability, the City Council may revoke such designation at any time and appoint another officer of the City to serve until the City Manager shall return or his disability shall cease.