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Agenda Packets - 2007/06/25
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Agenda Packets - 2007/06/25
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1/28/2025 4:48:38 PM
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MV Commission Documents
Commission Name
City Council
Commission Doc Type
Agenda Packets
MEETINGDATE
6/25/2007
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City Council Document Type
City Council Packets
Date
6/25/2007
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(30) calendar days and the Sponsoring Committee will have 21 calendar days in which to <br />file additional signature papers and/or to correct the specified irregularity according to <br />Section 5.04. If the final finding is that the petition is insufficient, the ordinance shall take <br />effect on the date declared by the resolution of suspension. If the corrected petition is <br />declared sufficient according to Section 5.03, the Council must pass a resolution <br />suspending the effective date of the ordinance until it can be decided by a vote of the <br />public and proceed as previously mentioned in this section. (Amended, Ord. 651, 8-16- <br />2000) <br /> <br /> Section 5.08. Recall. Consideration by the electorate of the recall of any elected <br />officer of the City may be initiated by petition. The voters of the City may request a recall <br />vote of any elected official of the City by petition. The petition shall state at the head of <br />each page, or attached thereto, a certificate stating the name of the official officer whose <br />removal is sought, the grounds for recall, constituting which shall be malfeasance, or <br />misfeasance or nonfeasance in office, in not more than 250 words, and the intention of <br />the sponsoring committeeSponsoring Committee to bring about the official's recall. Such <br />The petition shall be filed in the Clerk-Administrator's office prior to circulation. and shall <br />be valid for 180 days during which time a completed petition with signatures must be filed. <br />If the petition or amended petition is found sufficient under the provisions of Section 5.03 of <br />this chapter, the Clerk-Administrator shall transmit it to the Council without delay, and shall <br />also officially notify the person sought to be recalled of the sufficiency of the petition and of <br />the pending action. The Council shall at its next meeting, by resolution, provide for the <br />holding of special recall election within ninety days after such meeting, except if any other <br />election is to occur within ninety day period after such meeting, the Council may in its <br />discretion provide for the holding of the recall vote at that time. The Clerk-Administrator <br />shall include with the published notice of the election the statement of the grounds for the <br />recall and, also in not more than 500 words, the answer of the officer concerned in <br />justification of their course of office. The Clerk-Administrator shall notify the official sought <br />to be recalled of the petition and proceed as provided in Section 5.03 and 5.04 of this <br />Charter. If the Council is able to declare the petition sufficient, it shall immediately pass a <br />resolution to place the measure on a ballot as provided for in Section 5.05 of this charter. <br />Within 14 calendar days of the declaration of sufficiency, the elected official named by the <br />petition may provide an answer for their own course of action in not more than 500 words. <br />The Clerk-Administrator shall include with the published notice of the election, the <br />statement of the grounds for the recall and the answer of the official concerned or a <br />statement stating no answer was received. If a majority of those voting on the recall vote <br />in its favor, it shall become effective immediately upon certification of the election results. <br />If the majority does not vote in favor, the recall has failed and a petition for recall is <br />prohibited from being repeated for that elected official for one year from the date of <br />certification of the election. If a vacancy occurs due to recall election, Section 4.05 herein <br />shall apply to fill said vacancy. <br /> <br /> Section 5.069. Initiative to Amend the Charter. Nothing in this chapter shall be <br />construed as in any way affecting the right of the electors voters to propose amendments <br />to this charter which can be proposed in accordance with MN Statute 410.12, as <br />amended. <br /> <br />* Minnesota courts have limited the powers of initiative and referendum to <br />ordinances which are legislative in character. General legislative acts lay down some <br />permanent and uniform rule of law, administrative acts relate to daily administration of
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