§ 218. City Manager.

(a)

Qualifications and duties. The City Manager shall be the chief administrative officer of the City. The City Manager shall be chosen solely on the basis of executive and administrative qualifications. Neither the Mayor, nor any member of the Council, shall be chosen as City Manager during the term for which the official was elected.

(b)

Appointment. The Mayor and Council shall jointly conduct a search or recruitment for a City Manager upon terms agreed upon by the Mayor and Council. Upon completion of this process the Mayor shall be responsible for submitting a resolution to the Council for the appointment of a City Manager. If an appointment is not approved, the Mayor may submit another person for consideration, or may ask that a search or recruitment process begin anew.

(c)

Term. The City Manager shall serve at the pleasure of the Mayor and Council.

(d)

Compensation. The Mayor may fix the compensation of the City Manager, subject to ratification by a vote of at least six additional members of the Council.

(e)

Suspension or permanent removal from office.

(1)

Mayor. The City Manager may be suspended with or without pay or removed from office by the Mayor subject to ratification by a vote of at least six additional members of the Council at the next scheduled meeting of the Council. During the period between Council consideration of the suspension or removal by the Mayor, the City Manager shall be suspended with or without pay as designated by the Mayor.

(2)

Council. By a vote of nine members of the Council, not including the Mayor, the City Manager may be removed from office.

(3)

Procedure for removal.

(A)

Notification in writing. The City Manager shall be notified in writing of suspension or removal from office by no later than the next business day following the Council's action.

(B)

Request for statement and hearing. The City Manager may, in writing filed with the City Clerk within ten days after receipt of the notification, demand a written statement of the reasons for such suspension or removal and a hearing before the Council. This statement shall be provided within ten days of the request. The Council shall hold a hearing no earlier than five and no later than fifteen days after the City Manager is provided a written statement of reasons for suspension or removal from office. The hearing before the Council shall be a public hearing unless otherwise ordered by a court.

(C)

Suspension and/or removal final. The suspension or removal of the City Manager shall be final and not subject to review.

(f)

Temporary appointment. In case of resignation, disability, suspension or removal from office of the City Manager, the Mayor shall designate some qualified person to temporarily perform the duties of the office and the appropriate compensation to be paid that person, subject to ratification by a vote of at least six additional members of the Council. In all other instances of the temporary absence of the City Manager, the City Manager shall designate an acting City Manager.