(a)Procedure. The Council may remove the City Manager from office in accordance with the following procedures.
(1)The Council shall adopt by affirmative vote of a majority of all its members a preliminary resolution, which shall state just cause for removal and may suspend the Manager from duty for a period not to exceed 45 days. A copy of the resolution shall be delivered promptly to the City Manager. In the event of suspension, the City Council may assume the duties of the Manager or appoint an Interim Manager.
(2)Within five days after a copy of the resolution is delivered to the Manager, the Manager may file with the Council a written request for a public hearing. This hearing shall be held at a Council meeting not earlier than 15 days nor later than 30 days after the request is fil
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(a) Procedure. The Council may remove the City Manager from office in accordance with the following procedures.
(1) The Council shall adopt by affirmative vote of a majority of all its members a preliminary resolution, which shall state just cause for removal and may suspend the Manager from duty for a period not to exceed 45 days. A copy of the resolution shall be delivered promptly to the City Manager. In the event of suspension, the City Council may assume the duties of the Manager or appoint an Interim Manager.
(2) Within five days after a copy of the resolution is delivered to the Manager, the Manager may file with the Council a written request for a public hearing. This hearing shall be held at a Council meeting not earlier than 15 days nor later than 30 days after the request is filed. The Manager may file with the Council a written reply not later than five days before the hearing.
(3) The Council may adopt a final resolution of removal, which may be made effective immediately by affirmative vote of a majority of all its members at any time after five days from the date when a copy of the preliminary resolution was delivered to the Manager, if the Manager has not requested a public hearing or at any time after the public hearing if one has been requested.
(b) Salary; review. The Manager shall continue to receive a salary until the effective date of a final resolution of removal, except upon a judicial finding of criminal behavior or gross negligence by the Manager; the Council may cease payment upon its initial resolution. The action of the Council in suspending or removing the Manager shall not be subject to review by any court or agency. (Added 2013, No. M-9, § 3, eff. June 4, 2013; amended 2015, No. M-19 (Adj. Sess.), § 2, eff. May 17, 2016.)