(A) Removal of City Manager. The removal of the Manager shall be effected only by a majority vote of the whole Council as then constituted, convened in a regular Council, subject, however, to the provisions of this section. In case of his or her intended removal by the Council, the Manager shall be furnished with a written notice stating the Council's intention to remove him or her at least 30 days before the effective date of removal. If the Manager so requests, the Council shall provide in writing detailed reasons for the intended removal, which shall be provided the Manager within seven days after the receipt of the request from the Manager, and at least 15 days prior to the effective date of the removal.
(B) Hearing. Within seven days after the delivery to the Manager of the notice of intention to remove, the Manager may, by written notification to the City Clerk, request a hearing before the Council. Thereafter, the Council shall fix a time for the hearing which shall be held at its usual place, but before the expiration of the 30-day period, at which the Manager shall appear and be heard, with or without counsel.
(C) Suspension pending hearing. After furnishing the Manager with written notice of intended removal, the Council may suspend him or her from duty, but the Manager's compensation shall continue until his or her removal by action of the Council passed subsequent to the aforesaid hearing.
(D) Discretion of Council. In removing the Manager, the Council shall act at its discretion and its action shall be final and shall not depend upon any particular showing or degree of proof at the hearing.
(E) Limitation on removal. Notwithstanding the provisions of this section, the Manager shall not be removed from office, other than for misconduct in office, during or within a period of 90 days next succeeding any general municipal election held in the city at which election a member of the Council is elected or when a new Council member is appointed. The purpose of this provision is to require any newly-elected or appointed member of the Council or a reorganized Council to observe the actions and ability of the Manager in the actual performance of the powers and duties of the office.
(F) Resignation of Manager. The Manager shall provide the Council a minimum of 45 days written notice of intention to resign his or her position. The Manager shall assist the Council in the recruitment and selection of a replacement if requested by the Council. In the event of resignation due to health reasons, the period of written notice shall be determined in conference between the Manager and the Council.
('76 Code, § 3-1-10) (Ord. 302, passed 7-24-75; Am. Ord. 891, passed 12-12-91; Am. Ord. 894, passed 1-9-92; Am. Ord. 895, passed 12-12-91)