Any City Administrator, or other administrative officer, may be removed by simple majority vote of the Council at a regular Council meeting for misfeasance, malfeasance or nonfeasance in office; provided that, the procedure therefor shall be strictly in accordance with the provisions of this section.
Subd. 1. Notice of Removal.
A. After voting to remove, the Council shall give written notice thereof to the officer at least 30 days prior to the effective date thereof, which notice shall be personally served upon the officer or mailed to him or her at his or her last known address by certified mail, return receipt requested.
B. The notice shall specify the grounds for removal and state the effective date.
Subd. 2. Request for Hearing. At any time prior to the effective date of removal, the affected officer may, in writing, served upon the Mayor in the same manner as the notice of removal, request a public or private hearing before the Council, at which all Council members shall be present.
Subd. 3. Hearing. Any hearing shall be set within two weeks subsequent to notice from the affected officer, unless a later date is requested by him or her. The officer and the city shall be entitled to representation by counsel, and to present testimony and other evidence to support their respective positions. After all testimony has been heard and evidence presented for both sides, the Council shall forthwith, by recorded roll call vote, decide whether or not to rescind the action taken.
Subd. 4. Salary and Other Benefits. All salary and other benefits shall continue to the removal date. Thereafter, any delay or continuance at the request or occasioned by the officer shall suspend all salary, but any delay or continuance at the request or occasioned by the Council shall be a compensable period. Other employment benefits shall continue to the removal date.