The Council may remove the Manager from office in accordance with the following procedures:
(a) The Council shall adopt by affirmative vote of a majority of all members a preliminary resolution, which must state the reason for removal and may suspend the Manager from duty for a period not to exceed forty-five (45) days. A copy of the resolution shall be delivered promptly to the Manager. During his or her suspension, Council shall appoint an administrator to act as Manager.
(b) Within five (5) 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 regular or special Council Meeting not earlier than fifteen (15) days nor later than thirty (30) days after the request is filed. The Manager may file with the Council a written reply not later than five (5) days before the hearing.
(c) The Council may adopt a final resolution of removal, which may be made effective immediately, by affirmative vote of five (5) of the Council Members at any time after five (5) 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 one has been requested.
The action of the Council in suspending or removing the Manager shall not be subject to review by any court or agency. (Amended 11-4-08.)