The removal of the City Manager shall be only upon a three member vote of the whole Council in the city in regular Council meeting, subject, however, to the provisions of the next succeeding subsections. In case of his or her intended removal by the City Council, the City Manager shall be furnished with written notice stating the Council’s intention to remove him or her, at least 30 days before the effective date of his or her removal, which shall be shown upon the written notice.
(A) Hearing. Within seven days after the delivery to the City Manager of such notice, he or she may, by written notification to the City Council, request a hearing before the City Council. Thereafter, the City Council shall fix a time for the hearing which shall be held at its usual meeting place, at which the City Manager may appear and be heard.
(B) Discretion of Council. In removing the City Manager, the City Council shall use its uncontrolled discretion and its action shall be final and shall not depend upon any particular showing or degree of proof at the hearing, the purpose of which is to allow the City Manager to present his or her grounds of opposition to his or her removal.
(C) Limitations. Notwithstanding the provisions of this chapter hereinbefore enumerated, the City Manager shall not be removed from office during or within a period of 90 days next succeeding any general municipal election held in the city at which election a member of the City Council is elected. The purpose of this provision is to allow any newly elected member of the City Council or a reorganized City Council to observe the actions and ability of the City Manager in the performance of the duties of his or her office. After the expiration of said 90 days aforementioned, the provisions of the preceding subsection as to the removal of said City Manager shall apply and be effective, except where the City Manager has committed acts of moral turpitude or a violation of any law which would bring disrepute upon his or her office or where he or she has committed any acts of dishonesty, the Council may forthwith discharge the City Manager upon a majority vote of the Council.
(Ord. 331, passed 5-19-1987)