The Council may remove the Manager from office in accordance with the following procedures:
(a) The Council shall adopt by affirmative vote of five (5) members a preliminary resolution which must state the reasons for removal and may suspend the Manager from duty for a period not to exceed forty-five (45) calendar days. A copy of the resolution shall be delivered to the Manager within twenty-four (24) hours.
(b) Within five (5) calendar days after a copy of the resolution is delivered to the Manager, the Manager may file with the Council a written request for a public hearing. This hearing shall be held at a Council meeting not earlier than fifteen (15) calendar days after the request is filed. The Manager may file with the Council a written reply not later than five (5) calendar days before the hearing. The Manager may, at the Manager's expense, engage legal counsel to aid in defense at the hearing.
(c) The Council may adopt a final resolution of removal, which may be made effective immediately, by an affirmative vote of five (5) members at any time after five (5) calendar days from the date when a copy of the preliminary resolution was delivered to the Manager, if the Manager has not requested a public hearing, or at any time after the public hearing if the Manager has requested one.
(d) Upon temporary suspension of the Manager, the Council shall appoint any person it considers qualified to be acting City Manager during the suspension period. The suspended Manager shall continue to receive a salary until the effective date of a final resolution of removal.
(e) Upon the removal, death, or resignation of the Manager, the Council shall appoint a qualified person to act as Manager. The term of such temporary appointments shall not exceed 180 days and a temporary appointment shall neither be continued nor renewed beyond this time limit. The Council shall, immediately upon the death, removal, or resignation of the Manager, seek a new Manager under the provisions of Section 5.01.
(f) The action of the Council in suspending or removing the Manager shall not be subject to review by any court or agency. (Amended Nov. 3, 1998)