§ 3-101. Appointment; qualifications; compensation; removal.

(a)

The city council shall have the right, power, and authority to employ and to appoint in their discretion an officer whose title shall be "city manager."

(b)

(1)

The city manager shall be appointed solely on the basis of executive and administrative qualifications. The city manager shall hold at least a bachelor's degree from a four-year college or university and shall have such other qualifications as may be determined by the city council. Such person need not be a resident of the city or state at the time of appointment but shall reside in the city while in office.

(2)

The city may enter into an employment contract with the city manager for a term not to exceed two years. No such contract shall be automatically renewable, but any such contract may be renewed by mutual agreement of the city council and city manager. Any such contract may provide for a severance payment of salary and benefits to the city manager for a term to be agreed upon between the city and the city manager at the time the contract is executed, but any such severance payments shall only be payable in the event that the city manager is removed by the city without cause.

(c)

In the event that there is a permanent vacancy in the position of city manager due to resignation, termination, death, or incapacity, the city council shall be authorized to appoint a successor. In the event of a temporary vacancy, the city manager may, by letter filed with the city clerk, designate a qualified administrative officer to exercise the powers and perform the duties of city manager during such temporary vacancy. Such designation shall be subject to the approval of the city council and may be revoked at any time, in which case the city council shall appoint an alternative to serve as city manager during such temporary vacancy.

(d)

The city council may remove the city manager at any time, with or without cause, by adopting a resolution to that effect. The city council shall have such authority whether or not there is an existing employment contract as provided in paragraph (2) of subsection (b) of this section, but such removal shall comply with the terms of any such contract which do not conflict with the provisions of this subsection. Within five days of adopting such resolution, the council shall provide written notice thereof to the city manager. The city manager, within ten calendar days after receipt of such notice, may in writing request a public hearing regarding the decision of the city council. Such hearing shall be held not earlier than 20 nor more than 30 calendar days after the submission of such hearing request. Any determination of the city council following any such hearing, however, shall be final. Upon the removal of the city manager, any severance required pursuant to such contract shall be paid in accordance with its terms.

(H.B. 425, 5-12-2015; Ord. No. O-2015-15, 7-23-2015)