(A) Removal of City Manager. The removal of the City Manager shall be effected only by a majority vote of the whole City Council as then constituted, convened in a regular City Council meeting, subject, however, to the provisions of this section. In case of his/her intended removal by the City Council, the City Manager shall be furnished with written notice stating the Council's intention to remove him/her at least 30 days before the effective date of his removal. If the City Manager so requests, the City Council shall provide in writing reasons for the intended removal which shall be provided the City Manager within seven days after such request from the City Manager, and at least 15 days prior to the effective date of such removal.
(B) Hearing. Within seven days after the delivery of the City Manager of such notice of intention to remove, he/she may, by written notifica-tion to the City Clerk, 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 but before the expiration of the 30 day period at which the City Manager shall appear and be heard, with or without Counsel.
(C) Suspension pending hearing. After furnishing the City Manager with written notice of intended removal, the City Council may suspend him/her from duty, but his/her compensation shall continue until his/her removal by action of the Council passed subsequent to the aforesaid hearing.
(D) 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 to said City Council his/her grounds of opposition to his/her removal prior to its action.
(E) Limitation on removal. Not withstanding the provisions of this section, the City Manager shall not be removed from office, other than for misconduct in office, during or within a period of 120 days next succeeding any general municipal election held in the city at which election a member of the City Council is elected or when a new Council member is appointed; the purpose of this provision is to allow any newly elected or appointed member of the City Council to observe the actions and ability of the City Manager in the performance of the powers and duties of his/her office. After the expiration of said 120 day period aforementioned, the provisions of this section as to the removal of said City Manager shall apply and be effective.
(Ord. 1008, passed 11-4-96)