§ 5.04  REMOVAL OF THE MUNICIPAL MANAGER.
   The Council may remove the Municipal Manager from office in accordance with the following procedures:
   (A)   The Council shall adopt by affirmative vote of a majority plus one of all its members a preliminary ordinance, which shall be immediately effective and must state the reasons for removal, and may suspend the Municipal Manager from duty for a period not to exceed 45 days.  A copy of the ordinance shall be delivered promptly to the Municipal Manager.
   (B)   Within five days after a copy of the ordinance or resolution is delivered to the Municipal Manager, the Manager may file with the Clerk of Council a written request for a public hearing.  This hearing shall be held at a Council meeting not earlier than fifteen days nor later than thirty days after the request is filed.  The Municipal Manager may file with the Clerk of Council a written reply not later than five days before the hearing.  The Municipal Manager may engage legal counsel to aid in the Manager's defense at this hearing.
   (C)   The Council may adopt a final ordinance of removal, which may be made immediately effective by affirmative vote of a majority plus one of all its members at any time after five days from the date when a copy of the preliminary ordinance or resolution was delivered to the Municipal Manager, if the Manager has not requested a public hearing, or at any time after the public hearing if the Manager has requested one.
   (D)   Upon the suspension of the Municipal Manager, the Council shall appoint any person considered by the Council as qualified to fulfill the duties of the suspended Municipal Manager. The Manager shall continue to receive his or her salary until the effective date of a final ordinance of removal.  The action of the Council in suspending or removing the Manager shall not be subject to review by any court or agency.