National City Municipal Code Ch. 2.08 Removal of Appointive Officers

The provisions of this chapter apply only to city officers who are appointed directly by the city council. Nothing in this chapter affects members of the competitive service.

(Ord. 1075 § 1, 1963)

An appointed city officer who is not in the competitive service shall be removed from office only upon an affirmative vote by three members of the city council in regular meeting, subject, however, to the provisions of the next succeeding sections. In case of his intended removal by the city council, a city officer shall be furnished with a written notice stating the council's intention to remove him and the reason therefor, at least thirty days before the effective date of his removal.

(Ord. 1075 § 2, 1963)

Within seven days after the delivery to the officer of such notice, he may by written notification to the city clerk, request a hearing before the city council. Thereafter, the city council shall fix a time within thirty days for the hearing which shall be held at its usual meeting place. The officer shall appear at the hearing and may be accompanied by counsel.

(Ord. 1075 § 3, 1963)

After furnishing a city officer with written notice of intended removal, the city council may suspend him from duty, but his compensation shall continue until his removal by resolution of the council passed subsequent to the aforesaid hearing.

(Ord. 1075 § 4, 1963)

In removing a city officer, 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 the hearing is to allow the officer affected to present to the city council his grounds of opposition to his removal prior to the council taking final action.

(Ord. 1075 § 5, 1963)

Notwithstanding the provisions of this chapter, a city officer shall not be removed from 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 city council is elected. The purpose of this provision is to allow any newly elected member of the city council or reorganized city council to observe the actions and ability of city officers in the performance of their powers and duties of office. After the expiration of said ninety day period, the provisions of Section 2.08.050 as to the removal of said city officers shall apply.

(Ord. 1075 § 6, 1963)