A. Removal of City Manager. The removal of the city manager may be effected, with or without cause, by a majority vote of the whole city council as then constituted, convened in a regular council meeting, subject, however, to the provisions of the next succeeding subsections. In case of his or her intended removal by the city council, the city manager shall be furnished with a written notice stating the council’s intention to remove him or her, at least thirty days before the effective date of his or her removal.
B. 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 the city council his or her grounds of opposition to his or her removal prior to its action.
C. Limitation on Removal. Notwithstanding the provisions of this section set forth, the city manager shall not be removed from office, other than for misconduct in office, during or within a period of ninety (90) 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 city councilmember is appointed; the purpose of this provision is to allow any newly elected or appointed member of the city council or a reorganized city council to observe the actions and ability of the city manager in the performance of the powers and duties of his or her office. After the expiration of the ninety (90) day period aforementioned, the provisions of this section as to the
removal of the city manager shall apply and be effective. (Ord. 5 § 8, 1989)