The Commission may remove the City Manager from office in accordance with the following procedures:
(A) The Commission shall adopt by a majority vote of the entire Commission a preliminary resolution which must state the reasons for removal. The resolution shall suspend the City Manager from duty for a period not to exceed forty-five (45) days. A copy of the resolution shall be delivered promptly to the City Manager.
(B) Within five (5) days after a copy of the resolution is delivered to the City Manager, the City Manager may file with the Commission a written request for a public hearing. This hearing shall be held at a Commission meeting not earlier than fifteen (15) days nor later than thirty (30) days after the request is filed. The City Manager shall receive at least ten (10) days notice of this hearing. The City Manager may file with the Commission a written reply not later than (5) days before the hearing.
(C) If the City Manager has not requested a public hearing, the Commission may adopt a final resolution of removal, which may be made effective immediately, by a majority vote of the entire Commission at any time after five (5) days from the date when a copy of the preliminary resolution was delivered to the City Manager. If the City Manager has requested a public hearing, the final resolution of removal may be adopted at any time after the hearing.
(D) The City Manager shall continue to receive his salary until the effective date of the final resolution of removal or for thirty (30) days after the date of adoption of the preliminary resolution, whichever occurs later. The action of the Commission in suspending or removing the City Manager shall not be subject to review by any Court.
(Charter effective 1-1-77)