The removal of the City Manager shall be only upon a majority vote of the whole Council in regular Council meeting, all five members being present; subject, however, to the provisions of the next succeeding subsections. In case of his intended removal by the City Council, the City Manager shall be furnished with written notice stating the Council's intention to remove him, at least 30 days before the effective date of his removal, which shall be shown upon the written notice. If the City Manager so requests, the City Council shall provide, in writing, 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 15 days prior to the effective date of such removal.
A. Hearing. Within seven days after the delivery to the City Manager of such notice, he may, by written notification to the City Council, 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, at which the City Manager may appear and be heard.
B. Suspension Pending Hearing. After furnishing the City Manager with a written notice of intended removal, the City Council may suspend him from duty, but his compensation shall continue until his removal by action of the Council, passed subsequent to the aforesaid hearing.
C. 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 his grounds of opposition to his removal.
D. Limitations. Notwithstanding the provisions of this chapter hereinbefore enumerated, the City Manager shall not be removed from 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 City Council is elected; the purpose of this provision is to allow any newly elected 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 duties of his office. After the expiration of said 90 days aforementioned, the provisions of this section as to the removal of said City Manager shall apply and be effective.
(Ord. 286, 12-9-1975)