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 Sections 2.16.250 through 2.16.280. In case of his/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/her at least thirty days before the effective date of his/her removal. If the city manager so requests, the city council shall provide, in writing, the reasons for the intended removal, which shall be provided the city manager within seven days after the receipt of such request from the city manager, and at least fifteen days prior to the effective date of such removal.
(Ord. 928 § 9.1, 1975)
Within seven days after the delivery to the city manager of such notice of intention to remove, he/she may by written notification 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 thirty-day period, at which the city manager shall appear and be heard, with or without counsel.
(Ord. 928 § 9.2, 1975)
After furnishing the city manager with written notice of intended removal, the city council may suspend him/her from duty, but his compensation shall continue until his/her removal by action of the council passed subsequent to the hearing as set forth in Section 2.16.250.
(Ord. 928 § 9.3, 1975)
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/her grounds of opposition to his/her removal prior to its action.
(Ord. 928 § 9.4, 1975)
Notwithstanding the provisions of this article, the city manager shall not be removed from office, other than for misconduct in office, during or within a period of one hundred twenty 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 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/her office. After the expiration of the one hundred twenty day period aforementioned, the provisions of this article as to the removal of the city manager shall apply and be effective.
(Ord. 928 § 9.5, 1975)