Sec. 4.5 Appointment and Removal of Officers, Employees and Appointees.
(a) Appointment of officers and employees:
1. The Council shall appoint a City Manager and a City Attorney by affirmative vote of three (3) of its members. The City Council may retain the City Manager and City Attorney by contract setting forth the terms and conditions of employment. In the event said contract provides conditions of employment contrary to this Charter, or any ordinance, rule or regulations, provided said provisions are lawful, the provisions of said contract shall prevail.
In addition to the City Manager and City Attorney, the Council shall designate and determine the compensation of all employees. The City Council may authorize the City Manager to employ said officers by contract.
2. The Council shall appoint by affirmative vote of three (3) of its members, all members of municipal boards, commissions and committees and representatives of the City to other agencies.
3. The City Manager shall appoint all other officers and employees of the City except as otherwise herein provided.
4. The City Attorney shall appoint all officers and employees of the City Attorney’s Department.
(b) Removal of officers:
1. The Council may remove any of its appointees at pleasure without cause stated or hearing had by affirmative vote of four (4) members, and may remove any of its appointees for cause after a hearing by affirmative vote of three (3) of its members.
2. The City Manager may remove any of the appointive officers appointed by him/her at pleasure, provided that:
(i) Said officer is served with reasonable written notice of the reason for such removal.
(ii) Said officer shall have the right of appeal to the City Council, the procedures for which shall be established by ordinance or resolution. The decision of the City Council shall be final.
(c) Removal of subordinate officers and employees:
1. The City Manager and City Attorney may remove all other officers and employees appointed by them only for cause. An officer or employee removed for cause shall have the right of appeal to, and a hearing before the City Council. The procedures for removal for cause, appeal and hearing shall be established by ordinance or resolution.
(d) Limitations on removals:
1. The Council shall not remove any officers within three (3) months next succeeding a general municipal election except for cause.
2. The City Manager shall not remove any chief appointive officer within three (3) months next succeeding his/her appointment except for cause.
(e) Suspension in lieu of removal:
1. Any officer or employee, in lieu of removal, may be suspended up to thirty (30) days with or without pay for the same reasons or on the same grounds and on the same procedure as herein provided for removal.