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Mounds View Charter Commission Date: 3/14/2007 Revision—Chapter 5 Clear Text used to produce Res 2007-01d Page 5 of Error! Bookmark not defined. 177 pass a resolution suspending the effective date of the Admance until it can be decided by a vote 178 of the public and proceed as previously mentioned in this section. 179 180 Section 5.08. Recall. The voters of the City may request a recall vote of any elected 181 official of the City by petition. The petition shall state at the head of each page, or attached 182 thereto, a certificate stating the name of the official whose removal is sought, the grounds for 183 recall constituting malfeasance or misfeasance in office, in not more than 250 words, and the 184 intention of the sponsoring committee to bring about the official's recall. The petition shall be 185 filed in the Clerk-Administrator's office prior to circulation and shall be valid for 180 days 186 during which time a completed petition with signatures must be filed. The Clerk-Administrator 187 shall notify the official sought to be recalled of the petition and proceed as provided in Section 188 5.03 and 5.04 of this Charter. If the City Council is able to declare the petition sufficient, it 189 shall immediately pass a resolution to place the measure on a ballot as provided for in Section 190 5.05 of this charter. Within 14 calendar days of the declaration of sufficiency, the elected 191 official named by the petition may provide an answer for theifthe elected officials' course of 192 action in not more than 500 words. The Clerk-Administrator shall include with the published 193 notice of the election, the statement of the grounds for the recall and the answer of the official 194 concerned or a statement stating no answer was received. If a majority of those voting on the 195 recall vote in its favor, it shall become effective immediately upon certification of the election 196 results. If the majority does not vote in favor, the recall has failed and a petition for recall is 197 prohibited from being repeated for that elected official for one year from the date of certification 198 of the election. If a vacancy occurs due to recall election, Section 4.05 herein shall apply to fill 199 said vacancy. 200 201 Section 5.09. Initiative to Amend the Charter. Nothing in this chapter shall be construed 202 as in any way affecting the right of the voters to propose amendments to this charter which can 203 be proposed in accordance with MN Statute 410.12, as amended. 204 205 * Minnesota courts have limited the powers of initiative and referendum to ordinances 206 which are legislative in character. General legislative acts lay down some permanent and 207 uniform rule of law, administrative acts relate to daily administration of municipal affairs, and 208 quasi judicial acts are the product of investigation, consideration and deliberate human judgment 209 based upon evidentiary facts of some sort. 210 310483v2 SJR MU210-4