Agenda Packets - 2007/07/23 - Laserfiche WebLink

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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 a petition for recall is determined to be frivolous, it is prohibited from being repeated within one year of the determination. 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 from being repeated for that elected official for one year from the date of certification of the election. If a vacancy occurs due to recall election, Section 4.05 herein shall apply to fill said vacancy. Section 5.069. Initiative to Amend the Charter. Nothing in this chapter shall be construed as in any way affecting the right of the electors voters to propose amendments to this charter which can be proposed in accordance with MN Statute 410.12, as amended. * Minnesota courts have limited the powers of initiative and referendum to ordinances which are legislative in character. General legislative acts lay down some permanent and uniform rule of law, administrative acts relate to daily administration of municipal affairs, and quasi judicial acts are the product of investigation, consideration and deliberate human judgment based upon evidentiary facts of some sort.