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Mounds View Charter Commission Date: 2/8/2007
<br /> Resolution 2007-01b Draft Markup format—Chapter 5 Page 5 of 5
<br /> 198 under the provisions in Section 5.03 of this chapter, the City Council must adopt a resolution
<br /> 199 suspending the effective date of the Ordinance for thirty (30) calendar days and the sponsoring
<br /> • 200 committee will have 21 calendar days in which to file additional signature papers and/or to correct
<br /> 201 the specified irregularity according to Section 5.04. If the Final Finding is that the petition is
<br /> 202 insufficient, the Ordinance shall take effect on the date declared by the resolution of suspension. If
<br /> 203 the corrected petition is declared sufficient according to Section 5.03, the City Council must pass a
<br /> 204 resolution suspending the effective date of the Ordinance until it can be decided by a vote of the
<br /> 205 public and proceed as previously mentioned in this section. (Amended, Ord. 651, 8-16-2000)
<br /> 206
<br /> 207 Section 5.08. Recall. _ _ _ , - - , . - . .,• . . - , •- .
<br /> 208 is etition. The voters of the City may request a recall vote of any elected official of the City
<br /> 209 by petition. The petition shall state at the head of each page, or attached thereto, a certificate stating
<br /> 210 the name of the official officer whose removal is sought, the grounds for recall,constituting which
<br /> 211 shall be malfeasance; or misfeasance or-nonfeasance-in office, in not more than 250 words, and the
<br /> 212 intention of the sponsoring committee to bring about the official's recall. Such The petition shall be
<br /> 213 filed in the Clerk-Administrator's office prior to circulation, and shall be valid for 180 days during
<br /> 214 which time a completed petition with signatures must be filed. - . , , .•- . . . ' ' ..•.
<br /> 215 _ ._ . . - - ! , .. .. •- , , • ,.. ..
<br /> 216 _- . , :, . •. . . : _ . - _ ._ :.:.• . ._ _ _ - - -• • - .
<br /> 217 • - . . '•- -:.• .- • . . •:-, . , •: - - . .- _. - __ .
<br /> •
<br /> 218 .,. - - ' .. : :_-., ._ '.. . - ... _'
<br /> 219 , , . . _ _ • . . • . "•_ • :•••••: . .. •,•
<br /> 220 •.. ' - • - , , _ _ : _ .. _ _ __. . . : : _ •.• !! _ . , ., -
<br /> 221 .•:, :t- _ ..• • .. . . ' _. -• ,. _ . ..The Clerk-Administrator shall notify the official
<br /> 222 sought to be recalled of the petition and proceed as provided in Section 5.03 and 5.04 of this
<br /> 0 223 Charter. If the City Council is able to declare the petition sufficient, it shall immediately pass a
<br /> 224 resolution to place the measure on a ballot as provided for in Section 5.05 of this charter. Within 14
<br /> 225 calendar days of the declaration of sufficiency, the elected official named by the petition ma'
<br /> 226 provide an answer for their course of action in not more than 500 words. The Clerk-Administrator
<br /> 227 shall include with the published notice of the election, the statement of the grounds for the recall
<br /> 228 and the answer of the official concerned or a statement stating no answer was received. If a
<br /> 229 majority of those voting on the recall vote in its favor, it shall become effective immediately upon
<br /> 230 certification of the election results. If the majority does not vote in favor, the recall has failed and a
<br /> 231 petition for recall is prohibited from being repeated for that elected official for one year from the
<br /> 232 date of certification of the election. If a vacancy occurs due to recall election, Section 4.05 herein
<br /> 233 shall apply to fill said vacancy.
<br /> 234
<br /> 235 Section 5.069. Initiative to Amend the Charter. Nothing in this chapter shall be construed
<br /> 236 as in any way affecting the right of the electors voters to propose amendments to this charter which
<br /> 237 can be proposed in accordance with MN Statute 410.12,as amended.
<br /> 238
<br /> 239
<br /> 240 * Minnesota courts have limited the powers of initiative and referendum to ordinances which
<br /> 241 are legislative in character. General legislative acts lay down some permanent and uniform rule of
<br /> 242 law, administrative acts relate to daily administration of municipal affairs, and quasi judicial acts
<br /> 243 are the product of investigation, consideration and deliberate human judgment based upon
<br /> 244 evidentiary facts of some sort.
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