40-10-04. Removal of city manager - Summary proceedings - Charges brought -
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/nd/title-40/chapter-40-10-city-manager-plan/40-10-04·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Suspension - Absence or disability of city manager.
The city manager may be removed from office summarily by the governing body at any time within six months after appointment. After that period, the city manager may be removed only pursuant to written charges made and filed with the city auditor by the executive officer or by some member of the governing body. Upon the filing of the charges, if the city manager desires a hearing thereon, the city manager shall file a written demand for such hearing within three days after the notice of the filing of such charges has been served upon the city manager.
In the absence of such demand, the city manager shall be deemed to have waived a hearing, but shall not be removed finally until a hearing is had or waived. Pending such hearing or the waiver thereof, the city manager may be suspended by the governing body. During the absence or disability of the city manager, the governing body shall designate some properly qualified person to perform the duties of the city manager's office. The decision of the governing body on the selection or removal of a city manager or of a person to perform the duties of such office shall be final.