Except in the event he or she has committed acts of malfeasance, nonfeasance, or criminal acts, in which event the City Manager shall be discharged immediately, the Council may remove the City Manager from office at any time, after he or she has served six (6) months.
The above shall apply to an Acting City Manager with the exception that there is no six (6) month probationary period.
The following procedures will apply:
A. Council shall adopt by a majority vote of all of its members a preliminary resolution which must state the reasons for removal and may suspend the City Manager from duty for a period not to exceed forty-five (45) days. A copy of the resolution shall be delivered promptly to the City Manager.
B. Within five (5) days after a copy of the resolution is delivered to the City Manager, he may file with the Clerk of Council a written request for a public hearing. This hearing shall be held at a regular or special meeting of Council not earlier than fifteen (15) days nor later than thirty (30) days after the request is filed. The City Manager may file with the Council a written reply no 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) members of Council after five (5) days from the date when a copy of the preliminary resolution was delivered to the City Manager, if he or she has not requested a public hearing, or at any time after the public hearing, if he or she has requested one.
D. The City Manager shall not receive any salary during the time of his suspension. The decision of the Council to suspend or remove the City Manager shall not be subject to review by any court or agency. (Amended 11-3-87.)