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requirements of sufficiency under the provisions in Section 5.03 of this chapter and is determined <br />not to be frivolous, the Council must adopt a resolution suspending the effective date of the <br />ordinance for thirty (30) calendar days and the Sponsoring Committee will have twenty-one (21) <br />calendar days in which to file additional signature papers and/or to correct the specified <br />insufficiency according to Section 5.04. If the final finding is that the petition is insufficient, the <br />ordinance shall take effect on the date declared by the resolution of suspension. If the corrected <br />petition is declared sufficient according to Section 5.03, the Council must pass a resolution <br />suspending the effective date of the ordinance until it can be decided by a vote of the public and <br />proceed as previously mentioned in this section. (Amended by Ordinance 790, Adopted July 23, <br />2007; Filed: August 29, 2007.) <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, and <br />the intention of the Sponsoring Committee to bring about the official's recall. The petition shall be <br />filed in the City Administrator's office prior to circulation and shall be valid for one hundred eighty <br />(180) calendar days during which time a completed petition with signatures must be filed. <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 Council <br />declares the petition sufficient, it shall immediately pass a resolution to place the measure on a <br />ballot as provided for in Section 5.05 of this charter. Within fourteen (14) calendar days of the <br />declaration of sufficiency, the elected official named by the petition may provide a response for <br />their own course of action in not more than five hundred (500) words. The City Administrator shall <br />include with the published notice of the election, the statement of the grounds for the recall and <br />the response of the official concerned or a statement stating no response was received. If a majority <br />of those voting on the recall vote in its favor, it shall become effective immediately upon <br />certification of the election results. If the majority does not vote in favor, the recall has failed and <br />a petition for recall is prohibited from being repeated for that elected official for one year from the <br />date of certification of the election. If a vacancy occurs due to recall election, Section 4.05 herein <br />shall apply to fill said vacancy. <br />Section 5.09. Initiative to Amend the Charter. Nothing in this chapter shall be construed as in any <br />way affecting the right of the voters to propose amendments to this Charter which can be proposed <br />in accordance with MN Statute 410.12, as amended. <br />* Minnesota courts have limited the powers of initiative and referendum to ordinances which are legislative <br />in character. General legislative acts lay down some permanent and uniform rule of law, administrative <br />acts relate to daily administration of municipal affairs, and quasi judicial acts are the product of <br />investigation, consideration and deliberate human judgment based upon evidentiary facts of some sort. <br />12 <br />