North Dakota § 40-10-04 - Removal of city manager - Summary proceedings - Charges brought Suspension - Absence or disability of city manager
Full text of North Dakota North Dakota Century Code § 40-10-04 — Removal of city manager - Summary proceedings - Charges brought Suspension - Absence or disability of city manager, with citation guidance and answers to common questions.
§ 40-10-04. Removal of city manager - Summary proceedings - Charges brought Suspension - Absence or disability of city manager
The city manager may be removed from office summarily by the governing body at any time within six months after appointment. After that period, the city manager may be removed only pursuant to written charges made and filed with the city auditor by the executive officer or by some member of the governing body. Upon the filing of the charges, if the city manager desires a hearing thereon, the city manager shall file a written demand for such hearing within three days after the notice of the filing of such charges has been served upon the city manager. In the absence of such demand, the city manager shall be deemed to have waived a hearing, but shall not be removed finally until a hearing is had or waived. Pending such hearing or the waiver thereof, the city manager may be suspended by the governing body. During the absence or disability of the city manager, the governing body shall designate some properly qualified person to perform the duties of the city manager's office. The decision of the governing body on the selection or removal of a city manager or of a person to perform the duties of such office shall be final.
Source: official North Dakota text · Last verified 2026-08-27
Frequently Asked Questions About North Dakota § 40-10-04
What does North Dakota Century Code § 40-10-04 cover?
Section 40-10-04 ("Removal of city manager - Summary proceedings - Charges brought Suspension - Absence or disability of city manager") is part of the North Dakota Century Code, the codified statutory law of North Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite North Dakota § 40-10-04?
A common citation format is "North Dakota Century Code § 40-10-04" (North Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of North Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the North Dakota official source linked on this page or consult a licensed North Dakota attorney.
How does North Dakota § 40-10-04 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in North Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in North Dakota.