§ 40-10-04 — Removal of city manager - Summary proceedings - Charges brought - Suspension - Absence or disability of city manager

Suspension - Absence or disability of city manager.
The city manager may be removed from office summarily by the governing body at any time
within six months after appointment. After that period, the city manager may be removed only
pursuant to written charges made and filed with the city auditor by the executive officer or by
some member of the governing body. Upon the filing of the charges, if the city manager desires
a hearing thereon, the city manager shall file a written demand for such hearing within three
days after the notice of the filing of such charges has been served upon the city manager. In the
absence of such demand, the city manager shall be deemed to have waived a hearing, but shall
not be removed finally until a hearing is had or waived. Pending such hearing or the waiver
thereof, the city manager may be suspended by the governing body. During the absence or
disability of the city manager, the governing body shall designate some properly qualified person
to perform the duties of the city manager's office. The decision of the governing body on the
selection or removal of a city manager or of a person to perform the duties of such office shall
be final.