§ 6. Removal of city manager.

A. The council may remove the city manager without cause by the affirmative vote of two thirds of its members; provided that for incompetence, malfeasance, misfeasance, or neglect of duty the city manager may be removed by the affirmative vote of a majority of its members. At least thirty (30) days before the passage of a resolution for such removal, the council shall by a majority of its members adopt a preliminary resolution of intention, and, if the removal is for cause, said resolution shall state the reason for removal. In either case, the city manager may within ten (10) days reply in writing and may request a public hearing which shall be held not earlier than twenty (20) days nor later than thirty (30) days from the passage of the aforesaid preliminary resolution. After such public hearing, if one can be requested, and after full consideration, but not earlier than thirty (30) days after the passage of the preliminary resolution, the council may adopt a final resolution of removal. By the preliminary resolution the council may suspend the manager from duty. If the removal is for cause, the council shall cause to be paid any salary due to the date of the preliminary resolution and suspension. Otherwise, the manager shall be paid forthwith, upon removal without cause such amounts as may be set forth in an employment contract, or if not subject to an employment contract, his or her salary for the next three (3) calendar months following the adoption of the preliminary resolution of removal.

B. In removing the city manager, the council shall act at its 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 council the grounds of opposition to removal prior to its action.

C. The action of the council in suspending or removing the manager shall be final and conclusive on everyone, it being the intention of this Charter to vest all authority and fix all responsibility for such suspension and removal in the council.

D. Notwithstanding the provisions of this section, the city manager shall not be removed from office, other than for misconduct in office, during or within a period of ninety days next succeeding any general municipal election held in the city at which election a member of the council is elected or when a new council member is appointed. After the expiration of the ninety day period, the provisions of this section as to the removal of said city manager shall apply and be effective.

E. The city manager shall provide the council a minimum of forty-five (45) days written notice of intention to resign his or her position. The city manager shall assist the council in the recruitment and selection of a replacement at the request of the council. In the event of resignation due to health reasons, the period of written notice shall be determined in conference between the city manager and the council.

(Ord. 2482, § 1 (part), 2007)