07-09-2007 CC - Laserfiche WebLink

Home Browse Search

contained in the petition, it shall remain in effect. If a majority of the electors voting thereon votes against the ordinance contained in the petition, it shall be considered repealed upon certification of the election results the Council must immediately adopt a resolution suspending the effective date of the ordinance until it is decided by a vote of the public. The Council must also immediately pass a resolution to place the measure on a ballot as provided in Section 5.05 of this Charter. If a majority of the voters favors the ordinance contained in the petition, it shall take effect immediately unless the ordinance specifies a later date. If a majority votes against the ordinance contained in the petition, it shall be considered repealed upon certification of the election results. If the petition does not meet the requirements of sufficiency under the provisions in Section 5.03 of this chapter, the Council must adopt a resolution suspending the effective date of the ordinance for thirty (30) calendar days and the Sponsoring Committee will have twenty-one (21) calendar days in which to file additional signature papers and/or to correct the specified irregularity according to Section 5.04. If the final finding is that the petition is insufficient, the ordinance shall take effect on the date declared by the resolution of suspension. If the corrected petition is declared sufficient according to Section 5.03, the Council must pass a resolution suspending the effective date of the ordinance until it can be decided by a vote of the public and proceed as previously mentioned in this section. (Amended, Ord. 651, 8-16-2000) Section 5.08. Recall. Consideration by the electorate of the recall of any elected officer of the City may be initiated by petition. The voters of the City may request a recall vote of any elected official of the City by petition. The petition shall state at the head of each page, or attached thereto, a certificate stating the name of the official whose removal is sought, the grounds for recall, constituting which shall be malfeasance, or misfeasance or nonfeasance in office, in not more than two hundred fifty (250) words, and the intention of the sponsoring committeeSponsoring Committee to bring about the official's recall. Such The petition shall be filed in the Clerk-Administrator's office prior to circulation. and shall be valid for one hundred eighty (180) calendar days during which time a completed petition with signatures must be filed. If the petition or amended petition is found sufficient under the provisions of Section 5.03 of this chapter, the Clerk-Administrator shall transmit it to the Council without delay, and shall also officially notify the person sought to be recalled of the sufficiency of the petition and of the pending action. The Council shall at its next meeting, by resolution, provide for the holding of special recall election within ninety days after such meeting, except if any other election is to occur within ninety day period after such meeting, the Council may in its discretion provide for the holding of the recall vote at that time. The Clerk-Administrator shall include with the published notice of the election the statement of the grounds for the recall and, also in not more than 500 words, the answer of the officer concerned in justification of their course of office. The Clerk-Administrator shall notify the official sought to be recalled of the petition and proceed as provided in Section 5.03 and 5.04 of this Charter. If the Council declares the petition sufficient, it shall immediately pass a resolution to place the measure on a ballot as provided for in Section 5.05 of this charter. Within fourteen (14) calendar days of the declaration of sufficiency, the elected official named by the petition may provide a response for their own course of action in not more than five hundred (500) words. The Clerk-Administrator shall include with the published notice of the election, the statement of the grounds for the recall and the response of the official concerned or a statement stating no response was received. If a majority of those voting on the recall vote in its favor, it shall become effective immediately upon certification of the election results. If the majority does not vote in favor, the recall has failed and a petition for recall is prohibited