Agenda Packets - 2007/07/23 - Laserfiche WebLink

Home Browse Search

Mounds View Charter Commission Date: 7/12/2007 Revision m – Chapter 5 Clear Text used to produce Resolution 2007-01e Page 5 of 5 suspending the effective date of the ordinance until it can be decided by a vote of the public and proceed 193 as previously mentioned in this section. (Amended, Ord. 651, 8-16-2000) 194 195 Section 5.08. Recall. The voters of the City may request a recall vote of any elected official of 196 the City by petition. The petition shall state at the head of each page, or attached thereto, a certificate 197 stating the name of the official whose removal is sought, the grounds for recall, which shall be 198 malfeasance or misfeasance in office, in not more than two hundred fifty (250) words, and the intention 199 of the Sponsoring Committee to bring about the official's recall. The petition shall be filed in the Clerk-200 Administrator's office prior to circulation and shall be valid for one hundred eighty (180) calendar days 201 during which time a completed petition with signatures must be filed. The Clerk-Administrator shall 202 notify the official sought to be recalled of the petition and proceed as provided in Section 5.03 and 5.04 203 of this Charter. If a petition for recall is determined to be frivolous, it is prohibited from being repeated 204 within one year of the determination. If the Council declares the petition sufficient, it shall immediately 205 pass a resolution to place the measure on a ballot as provided for in Section 5.05 of this charter. Within 206 fourteen (14) calendar days of the declaration of sufficiency, the elected official named by the petition 207 may provide a response for their own course of action in not more than five hundred (500) words. The 208 Clerk-Administrator shall include with the published notice of the election, the statement of the grounds 209 for the recall and the response of the official concerned or a statement stating no response was received. 210 If a majority of those voting on the recall vote in its favor, it shall become effective immediately upon 211 certification of the election results. If the majority does not vote in favor, the recall has failed and a 212 petition for recall is prohibited from being repeated for that elected official for one year from the date of 213 certification of the election. If a vacancy occurs due to recall election, Section 4.05 herein shall apply to 214 fill said vacancy. 215 216 Section 5.09. Initiative to Amend the Charter. Nothing in this chapter shall be construed as in 217 any way affecting the right of the voters to propose amendments to this charter which can be proposed 218 in accordance with MN Statute 410.12, as amended. 219 220 * Minnesota courts have limited the powers of initiative and referendum to ordinances which are 221 legislative in character. General legislative acts lay down some permanent and uniform rule of law, 222 administrative acts relate to daily administration of municipal affairs, and quasi judicial acts are the 223 product of investigation, consideration and deliberate human judgment based upon evidentiary facts of 224 some sort. 225