Division 2 — REMOVAL FROM OFFICE

The city manager shall only be removed upon a minimum of three votes of the city council, unless otherwise provided by written agreement between the city and the city manager, subject, however, to the provisions of the next succeeding sections. In case of his intended removal by the city council, the city manager shall be furnished with a written notice stating the council's intention to remove him and the reason therefor, at least 30 days before the effective date of his removal.

(Code 1968, § 2-52; Ord. No. 1090, § 1, 9-7-93)

Within seven days after the delivery to the city manager of the notice provided for in section 2-111, he 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 the council's usual meeting place before the expiration of the 30-day period, at which the city manager shall appear and be heard.

(Code 1968, § 2-53)

After furnishing the city manager with written notice of intended removal, the city council may suspend him from duty, but his compensation shall continue until his removal by the council passed subsequent to the hearing provided for in this division.

(Code 1968, § 2-54)

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 grounds of opposition to his removal prior to its action.

(Code 1968, § 2-55)

Notwithstanding the provisions of this division, 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 powers and duties of his office. After the expiration of such 90-day period, the provisions of this division as to the removal of the city manager shall apply and be effective.

(Code 1968, § 2-56)

Secs. 2-116—2-140. - Reserved.