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CITY_CHARTER_CC_20130512
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CITY_CHARTER_CC_20130512
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MV City Charter Commission
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<br />12 <br /> <br />Section 5.07. Referendum*. Prior to the date when an ordinance takes effect, it may be <br />subjected to a referendum by a petition which shall state at the head of each page, or attached <br />thereto, the exact text of the measure to be considered by the voters. The Sponsoring Committee <br />must file the completed petition in the office of the City Administrator at least ten (10) calendar <br />days before the ordinance takes effect. If a petition is determined to be frivolous, no further <br />action on the petition shall be taken and the adoption of the ordinance shall proceed according to <br />Section 3.05. If the petition is found to be sufficient under the provisions of Section 5.03 of this <br />chapter, the Council must immediately adopt a resolution suspending the effective date of the <br />ordinance until it is decided by a vote of the public. The Council must also immediately pass a <br />resolution to place the measure on a ballot as provided in Section 5.05 of this Charter. If a <br />majority of the voters favors the ordinance contained in the petition, it shall take effect <br />immediately unless the ordinance specifies a later date. If a majority votes against the ordinance <br />contained in the petition, it shall be considered repealed upon certification of the election results. <br />If the petition does not meet the requirements of sufficiency under the provisions in Section 5.03 <br />of this chapter and is determined not to be frivolous, the Council must adopt a resolution <br />suspending the effective date of the ordinance for thirty (30) calendar days and the Sponsoring <br />Committee will have twenty-one (21) calendar days in which to file additional signature papers <br />and/or to correct the specified insufficiency according to Section 5.04. If the final finding is that <br />the petition is insufficient, the ordinance shall take effect on the date declared by the resolution <br />of suspension. If the corrected petition is declared sufficient according to Section 5.03, the <br />Council must pass a resolution suspending the effective date of the ordinance until it can be <br />decided by a vote of the public and proceed as previously mentioned in this section. (Amended <br />by Ordinance 790, Adopted July 23, 2007; Filed: August 29, 2007.) <br /> <br />Section 5.08. Recall. The voters of the City may request a recall vote of any elected official of <br />the City by petition. The petition shall state at the head of each page, or attached thereto, a <br />certificate stating the name of the official whose removal is sought, the grounds for recall, which <br />shall be malfeasance or misfeasance in office, in not more than two hundred fifty (250) words, <br />and the intention of the Sponsoring Committee to bring about the official's recall. The petition <br />shall be filed in the City Administrator's office prior to circulation and shall be valid for one <br />hundred eighty (180) calendar days during which time a completed petition with signatures must <br />be filed. <br /> <br />The City Administrator shall notify the official sought to be recalled of the petition and proceed <br />as provided in Section 5.03 and 5.04 of this Charter. If a petition for recall is determined to be <br />frivolous, it is prohibited from being repeated within one year of the determination. If the <br />Council declares the petition sufficient, it shall immediately pass a resolution to place the <br />measure on a ballot as provided for in Section 5.05 of this charter. Within fourteen (14) calendar <br />days of the declaration of sufficiency, the elected official named by the petition may provide a <br />response for their own course of action in not more than five hundred (500) words. The City <br />Administrator shall include with the published notice of the election, the statement of the <br />grounds for the recall and the response of the official concerned or a statement stating no <br />response was received. If a majority of those voting on the recall vote in its favor, it shall become <br />effective immediately upon certification of the election results. If the majority does not vote in <br />favor, the recall has failed and a petition for recall is prohibited from being repeated for that <br />elected official for one year from the date of certification of the election. If a vacancy occurs due <br />to recall election, Section 4.05 herein shall apply to fill said vacancy. <br />
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