7-3-1244. Removal of appointees. (1) Any officer or employee of the municipality appointed by the manager or upon his authorization may be laid off, suspended, or removed from office or employment either by the manager or the officer by whom appointed. Verbal or written notice of layoff, suspension, or removal given to an officer or employee or written notice left at or mailed to his usual place of residence shall be sufficient to put any such layoff, suspension, or removal into effect unless the person so notified shall, within 5 days of such notice, demand a written statement of reasons therefor and the right to be heard thereon before the manager. Upon such demand the officer making the layoff, suspension, or removal shall supply the person notified thereof with a written statement of the reasons therefor, 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 so notified in the service, or make such other disposition of the matter as in his opinion the good of the service may require.
(2) The decision of the manager in any such case shall be final, and there shall be no appeal therefrom to any officer, body, or court whatsoever. A copy of the written statement of reasons given for any layoff, suspension, or removal and a copy of any written reply thereto by the officer or employee involved, together with a copy of the decision of the manager, shall 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.