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Ord 2243 - Amend Code regarding the Removal Process of Town Manager from OfficeORDINANCE 2243 ORDINANCE OF THE TOWN OF LOS GATOS AMENDING THE CODE OF THE TOWN OF LOS GATOS SECTION 2.30.285 REGARDING THE REMOVAL PROCESS OF TOWN MANAGER FROM OFFICE THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS FOLLOWS: WHEREAS, Section 2.30.285 of the Los Gatos Town Code sets forth the procedure of the removal of the Town Manager; and WHEREAS, the Town desires to amend the removal process for the Town Manager from 4/5 vote of Town Council to a majority of Town Council; and WHEREAS, the Town of Los Gatos needs to amend Section 2.30.285 in order to make this change; and WHEREAS, following the Public Hearing, and upon consideration of the testimony of all persons, the Town Council of the Town of Los Gatos does ordain Section 2.30.285 to be amended. SECTION I Town Code Section 2.30.285 is amended to read as follows: Sec.2.30.285. – Removal from office— Procedure generally. (a) The removal of the Town Manager shall be only upon a majority vote of the whole council, all five members being present. (subject to the provisions of the following section). In case of the Town Manager's intended removal by the Town Council, the Town Manager shall be furnished with a written notice stating the Town Council's intention to remove the Town Manager at least thirty (30) days before the effective date of the removal. (b) Within seven (7) days after the delivery to the Town Manager of such notice, the Town Manager may, by written notification to the Town Clerk, request a public hearing before the Town Council. Thereafter the Town Council shall fix a time for the public hearing which shall be held at its usual meeting place, but before the expiration of the thirty -day period, and at which the Town Manager shall appear and be heard. 1 of (c) After furnishing the Town Manager with written notice of intended removal, the Town Council may suspend the Town Manager from duty, but the Town Manager's compensation shall continue until the Town Manager's removal by the Town Council is passed subsequent to the public hearing. (d) In removing the Town Manager, the Town Council shall use its uncontrolled discretion, and its action shall be final and shall not depend upon any particular showing or degree of proof at the hearing, the purpose of which is to allow the Town Manager to publicly present to the Town Council the grounds of opposition to removal, prior to its action. SECTION II This Ordinance was introduced at a regular meeting of the Town Council of the Town of Los Gatos on August 4, 2015, and adopted by the following vote as an ordinance of the Town of Los Gatos at a regular meeting of the Town Council of the Town of Los Gatos on August 18, 2015. This ordinance takes effect 30 days after it is adopted. COUNCIL MEMBERS: AYES: Steve Leonardis, Rob Rennie, Marico Sayoc, Barbara Spector, Mayor Marcia Jensen NAYS: ABSENT: ABSTAIN SIGNED: MAYftTHE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA ATTEST: CLERK A�TRATOR OF THE TOWN OF LOS GATOS LOS GATOS, CALIFORNIA 2 of 2