The Council shall remove the Mayor or any member of Council from office for acts of misfeasance, nonfeasance or malfeasance in accordance with the following procedures:
(1) The Council shall adopt by affirmative vote of a majority of all its members a resolution of impeachment which must state the reasons for removal and may suspend the accused from duty for a period not to exceed 45 days. A copy of the resolution shall be delivered promptly to the accused.
(2) Within five days after a copy of the resolution is delivered to the accused, the same may file with the 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 accused may file with the Council a written reply not later than five days before the hearing.
(3) The Council may adopt a final resolution of removal, which may be made effective immediately, by affirmative vote of three fourths of all its members at any time after five days from the date when a copy of the preliminary resolution was delivered to the accused if he or she has not requested a public hearing, or at any time after the public hearing if he or she has requested a public hearing.
The accused shall continue to receive his or her salary until the effective date of a final resolution of removal. The action of the Council in suspending or removing the accused shall not be subject to review by any court or agency.
(4) At any public hearing held pursuant hereto, the Council and accused shall be permitted to present witnesses and to each examine witnesses called by the other. Additionally the accused shall be permitted to present such relevant and competent evidence in his or her own behalf as he or she desires. The accused may be represented by counsel of his or her own choosing.