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Suspension and removal of manager.
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146.—(1) (a) Subject to this section, the elected council of a county council or city council may by resolution suspend or remove from employment the manager for such county council or city council, as the case may be, for stated misbehaviour or if his or her suspension or removal appears to them to be necessary for the effective performance by the county council or city council, as the case may be, of its functions.
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(b) A copy of any resolution passed under this section shall be sent without delay to the Minister.
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(2) Notice of the intention to propose a resolution under this section shall—
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(a) be signed by at least one-third of the total number of members of the county council or city council concerned,
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(b) contain a statement of the reasons for the proposed suspension or removal,
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(c) in the case of a suspension, specify a period not exceeding 2 months for the proposed suspension,
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(d) specify a day for the holding of a special meeting to consider the proposed suspension or removal being a day which is not less than 21 days after the day on which the notice is delivered under paragraph (e),
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(e) be delivered to the meetings administrator, and
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(f) be delivered or sent to the manager concerned.
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(3) The meetings administrator shall on receipt of a notice and without delay send a copy of it to every member of the local authority and convene a special meeting for the date so specified to consider the proposed suspension or removal.
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(4) The manager may prepare a statement of response in relation to the proposed suspension or removal and such statement shall be sent to each member of the local authority concerned.
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(5) It is necessary for the passing of a resolution under this section that—
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(a) at least three-quarters of the total number of members of the county council or city council concerned vote in favour of the resolution, and
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(b) the members of the council concerned shall have considered any statement prepared by the manager under subsection (4).
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(6) A person who is suspended under this section may subsequently be removed from office in accordance with this section.
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(7) (a) A manager shall not be removed under this section without the sanction of the Minister given under this subsection.
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(b) The Minister may appoint a panel of 3 persons—
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(i) to consider the removal of a manager the subject of a resolution under this section and the manager's statement of response,
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(ii) to recommend whether the Minister should give sanction to such removal, and
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(iii) to make such other recommendations (if any) as the panel may consider appropriate in all the circumstances.
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(c) A panel shall be independent in the performance of its functions.
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(d) A panel shall include a chairperson and 2 other persons having knowledge of or experience in local government, human resources or management.
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(e) A sanction shall not be given under this subsection except by virtue of a recommendation under paragraph (b).
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(8) The Minister may by regulations prescribe any matter of procedure for the purposes of this section.
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