Chapter 2.06


2.06.010    Appointment – Conditions of employment.

2.06.020    Removal.

2.06.010 Appointment – Conditions of employment.

The city manager shall be appointed by the affirmative vote of five-sevenths of the council. The city manager, who shall be the administrative head of the city government, shall be chosen by the council without regard to political consideration and with reference solely to his/her qualifications for such office.

(a) Residence Requirement. It shall not be necessary that he or she reside in the city at the time of his/her appointment, but he or she shall become a resident thereof within 60 days thereafter and thereafter during his or her incumbency actually reside in said city.

(b) Other Conditions of Employment. Other conditions of employment may be spelled out in a hiring agreement between the city manager and the council. [Ord. 573 N.S. § 1, 1967].

2.06.020 Removal.

The removal of the city manager shall be only upon a five-sevenths’ member vote of the entire council in a regular council meeting, subject, however, to the provisions of this section. In case of his or her intended removal by the council, the city manager shall be furnished with a written notice stating the council’s intention to remove him/her and the reason therefor, at least 30 days before the effective date of his or her removal.

(a) Hearing. Within seven days after the delivery to the city manager of such notice he or she may, by written notification to the city clerk, request a hearing before the council. Thereafter, the council shall fix a time for the hearing which shall be held at its usual meeting place, but before the expiration of the 30-day period, at which the city manager shall appear and be heard, with or without counsel.

(b) Suspension Pending Hearing. After furnishing the city manager with written notice of intended removal, the council may suspend him/her from duty, but his or her compensation shall continue until his or her removal by resolution of the council passed subsequent to the aforesaid hearing.

(c) Discretion of Council. In removing the city manager, the 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 council his or her grounds of opposition to his or her removal prior to its action.

(d) Limitation on Removal. Notwithstanding the provisions of this chapter hereinbefore enumerated, the city manager shall not be removed from office during or within a period of six months 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 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 or her office. After the expiration of the six months’ period aforementioned, the provisions of the preceding sections as to the removal of the city manager shall apply and be effective. [Ord. 573 N.S. § 1, 1967].