SECTION 5.01  Appointment and Removal.
   An administrator shall be appointed by the Council.  A majority vote of the members of the Council shall be required for the appointment of the Administrator.  The Council may remove the Administrator from office in accordance with the following procedures:
   a.   If the Administrator has served less than six (6) months, he may be removed by a majority vote of the members of Council without any right to a public hearing and without the benefit of the provisions of subsection (b) to (d), inclusive, of this section.
   b.   If the Administrator 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 Administrator from duty for a period not to exceed forty-five (45) days.  A copy of the resolution shall be delivered promptly to the Administrator, and said resolutions may go into immediate effect and need not be published.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 Administrator, 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 Mayor.  The Administrator 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 Administrator, if he has not requested a public hearing, or at any time after the public hearing if he has requested one.
   e.   The Administrator 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 Administrator shall be in the sole discretion of the Council and shall not be subject to review by any court.
   f.   If the Administrator 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 administrator until the Administrator is restored to duty, or until Council shall appoint another person as acting administrator, or until another is appointed Administrator in accordance with this Charter.  The acting administrator so appointed shall exercise all powers, duties and functions of the Administrator under this Charter.
   The Council shall fix the compensation of the Administrator.