7-3-1244. Removal of appointees. (1) An officer or employee of the municipality appointed by the manager or upon the manager's authorization may be laid off, suspended, or removed from office or employment either by the manager or the appointing officer. Verbal or written notice of layoff, suspension, or removal given to an officer or employee or written notice left at or mailed to the officer's or employee's usual place of residence is sufficient to put the layoff, suspension, or removal into effect unless the person notified, within 5 days of the notice, demands a written statement of reasons for the action and the right to be heard on the action before the manager. Upon the demand, the officer making the layoff, suspension, or removal shall supply the person notified with a written statement of the reasons for the action, and the manager shall fix a time and place for the public hearing. Following the public hearing, the manager shall either confirm the layoff, suspension, or removal as specified in the notice, reinstate the person, or make another disposition of the matter that in the manager's opinion the good of the service may require.
(2) The decision of the manager is final, and there is no appeal to any officer, body, or court. A copy of the written statement of reasons given for any layoff, suspension, or removal and a copy of any written reply to the statement by the officer or employee involved, together with a copy of the decision of the manager, must be filed as a public record in the office of the clerk.
History: En. Sec. 34, Ch. 121, L. 1923; re-en. Sec. 5520.34, R.C.M. 1935; R.C.M. 1947, 11-3434; amd. Sec. 336, Ch. 61, L. 2007.
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