§ 2.06.050. Removal.

A.

Required Vote—Notice. The removal of the town attorney, with or without cause, shall be as then constituted, convened in a regular council meeting, subject, however, to the provisions of subsections B, C and D of this section. In case of his intended removal by the town council, the town attorney shall be furnished with a written notice stating the council's intention to remove him, at least thirty days before the effective date of his removal. In the event of removal of the town attorney for misconduct, he shall be terminated immediately without the right to compensation accruing after the date of termination.

B.

Hearing. Within seven days after the delivery to the town attorney of a notice of intended removal, he may, by written notification to the town clerk, request a hearing before the town council. Thereafter, the town council shall fix a time for a hearing, in either an open or a closed session, prior to the effective date contained in the notice of intended removal, at which the town attorney shall appear and be heard, with or without counsel.

C.

Suspension Pending Hearing. After furnishing the town attorney with written notice of intended removal, or concurrent therewith, the town council may suspend him from duty, but his compensation shall continue until his removal by action of the council passed subsequent to any requested hearing provided pursuant to subsection B of this section.

D.

Discretion of the Council. In removing the town attorney, 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 such hearing being to allow the town attorney to present to the town council his grounds of opposition to his removal prior to its action. (Ord. 118 (part), 1984)