Gaithersburg                                     2089

shall have been elected, nor within one year after the expiration of his
term.

b.    The City Manager shall be chosen by the Council solely on the
basis of his executive and administrative qualifications with reference to
his actual experience in, or his knowledge of, accepted practice in respect
to the duties of his office as hereinafter set forth. He need not be a
resident of the City.

c.    The City Manager shall receive such compensation as the Council
shall fix from time to time.

d.    The Council shall appoint the City Manager for an indefinite term
and may remove him by a majority vote of its members. At least thirty
days before such removal shall become effective, the Council shall, by a
majority vote of its members, adopt a preliminary resolution stating the
reasons for his removal. The City Manager may reply in writing and may
request a public hearing, which shall be held not earlier than twenty
days nor later than thirty days after the filing of such request. After
such public hearing, if one be requested, and after full consideration, the
Council by majority vote of its members may adopt a final resolution of
removal. By the preliminary resolution the Council may suspend the City
Manager from duty, but shall in any case cause to be paid him forthwith
any unpaid balance of his salary and his salary for the next two calendar
months following adoption of the preliminary resolution.

e.    Neither the Council nor any of its members shall direct or request
the appointment of any person to, or his removal from office by the City
Manager or by any of his subordinates. Except for the purpose of in-
quiry, the Council and its members shall deal with the administrative
service solely through the City Manager and neither the Council nor any
member thereof shall give orders to any subordinates of the City Manager
either publicly or privately.

f.    The City Manager shall see that the ordinances of the City are
faithfully executed and shall be the chief executive officer and the head
of the administrative branch of the City government.

g.    The City Manager shall be responsible to the Mayor and Council
for the proper administration of all affairs of the City and, to that end,
subject to the personnel ordinance of the City, he shall have power and
shall be required to:

(1)    Appoint and, when necessary for the good of the service, sus-
pend or remove all officers and employees of the City except as otherwise
provided by this Charter and except as he may authorize the head of a
department or office to appoint, suspend or remove subordinates in such
department or office.

(2)    Prepare the budget annually and submit it to the Council and
be responsible for its administration after adoption.

(3)    Perform such other duties as may be prescribed by ordinance
or required of him by the Mayor and Council, not inconsistent with this
Charter.

h. In the event of suspension, removal, resignation, death, disability
or temporary absence of the City Manager, the Council may, by resolution
designate an officer of the City as Acting City Manager to perform the
duties of the City Manager. In the case of temporary absence or disability,
the City Manager may designate such Acting City Manager who shall