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Mounds View Charter Commission Date: 7/12/2007 <br />Revision m – Chapter 5 Clear Text compared to Revision k Page 5 of 5 <br />suspension. If the corrected petition is declared sufficient according to Section 5.03, the Council must 193 <br />pass a resolution suspending the effective date of the ordinance until it can be decided by a vote of the 194 <br />public and proceed as previously mentioned in this section. (Amended, Ord. 651, 8-16-2000) 195 <br /> 196 <br /> Section 5.08. Recall. The voters of the City may request a recall vote of any elected official of 197 <br />the City by petition. The petition shall state at the head of each page, or attached thereto, a certificate 198 <br />stating the name of the official whose removal is sought, the grounds for recall, which shall be 199 <br />malfeasance or misfeasance in office, in not more than two hundred fifty (250) words, and the intention 200 <br />of the Sponsoring Committee to bring about the official's recall. The petition shall be filed in the Clerk-201 <br />Administrator's office prior to circulation and shall be valid for one hundred eighty (180) calendar days 202 <br />during which time a completed petition with signatures must be filed. The Clerk-Administrator shall 203 <br />notify the official sought to be recalled of the petition and proceed as provided in Section 5.03 and 5.04 204 <br />of this Charter. If a petition for recall is determined to be frivolous, it is prohibited from being repeated 205 <br />within one year of the determination. If the Council declares the petition sufficient, it shall immediately 206 <br />pass a resolution to place the measure on a ballot as provided for in Section 5.05 of this charter. Within 207 <br />fourteen (14) calendar days of the declaration of sufficiency, the elected official named by the petition 208 <br />may provide a response for their own course of action in not more than five hundred (500) words. The 209 <br />Clerk-Administrator shall include with the published notice of the election, the statement of the grounds 210 <br />for the recall and the response of the official concerned or a statement stating no response was received. 211 <br />If a majority of those voting on the recall vote in its favor, it shall become effective immediately upon 212 <br />certification of the election results. If the majority does not vote in favor, the recall has failed and a 213 <br />petition for recall is prohibited from being repeated for that elected official for one year from the date of 214 <br />certification of the election. If a vacancy occurs due to recall election, Section 4.05 herein shall apply to 215 <br />fill said vacancy. 216 <br /> 217 <br /> Section 5.09. Initiative to Amend the Charter. Nothing in this chapter shall be construed as in 218 <br />any way affecting the right of the voters to propose amendments to this charter which can be proposed 219 <br />in accordance with MN Statute 410.12, as amended. 220 <br /> 221 <br />* Minnesota courts have limited the powers of initiative and referendum to ordinances which are 222 <br />legislative in character. General legislative acts lay down some permanent and uniform rule of law, 223 <br />administrative acts relate to daily administration of municipal affairs, and quasi judicial acts are the 224 <br />product of investigation, consideration and deliberate human judgment based upon evidentiary facts of 225 <br />some sort. 226 <br /> <br />