03-08-1994 - Laserfiche WebLink

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RECALL Section 5.08 Recall. The citizens of the City may recall any elected officer of the City by petition. The petition must conform to the petition requirements set forth in Section 5.02. In addition, the petition must state at the head of the page, or attached thereto, a certificate stating the name of the officer whose removal is sought, the grounds for recall in not more than 250 words (which shall be malfeasance, misfeasance or nonfeasance in office), and the intention of the sponsoring committee to bring about the officer's recall. The petition shall be filed in the Clerk-Administrator's office prior to circulation. If the petition is found sufficient under 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 a special recall election within ninety days of such meeting, except if any other election is to occur within ninety days after the meeting, the Council may 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, in not more than 500 words, the answer of the officer concerned in justification of his/her course in office. If a majority of those voting on the recall issue vote in favor of recall, the officer's position shall be vacated. If a vacancy occurs due to recall election, Section 4.05 herein shall apply to fill the • vacancy. 2 is new. --we need to limit recall, see parentheses; did we agree to use malfeasance only?? BURDEN OF PROOF ON PETITIONERS USING INITIATIVE 5.05, subd. 2 If the City Council determines on its own motion that a sufficient and regular petition is determined to be illegal under case law, legal precedence, or constitutional nonconformity, thereby refusing to submit an initiative to the voters as provided in this Charter, a court order or injunction permitting the City Council authority to refuse such election must be produced by the Council within 15 days of the date of determination of sufficiency. If the Council has not acted according to this subdivision within the above 15 day period, the sponsoring committee may appeal to the Charter Commission and the Charter Commission may provide for said election to be paid by the City. The Clerk-Administrator shall provide for said election upon the order of a majority vote of the Charter Commission.