CITY CHARTER - 2007 - Laserfiche WebLink

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7 Subdivision 6. If there are insufficient numbers of candidates in a regular or special election to fill expiring or vacated municipal offices, the City Council shall fill said offices by appointment until the next regular municipal election. In the case of a tie vote of the Council, the Mayor shall make said appointment. CHAPTER 5 INITIATIVE, REFERENDUM AND RECALL Section 5.01. Powers Reserved by the People. The people of Mounds View reserve to themselves the powers in accordance with the provisions of this Charter to initiate and adopt ordinances and resolutions, to require measures passed by the Council to be referred to the electorate for approval or disapproval, and to recall elected public officials. These powers shall be called the initiative, the referendum, and the recall, respectively. Section 5.02. General Provisions for Petitions. A petition provided for under this chapter shall be sponsored by a committee of five registered voters of the City whose names and addresses shall appear on the petition. A petition may consist of one or more papers, but each separately circulated paper shall contain at its head, or attached thereto, the information specified in sections 5.05, 5.07 or 5.08 which apply, respectively, to initiative, referendum and recall. Each signer shall be a registered voter of the City and shall sign their name and give their street address. Each separate page of the petition shall have appended to it a certificate by the circulator, verified by oath, that each signature appended thereto was made in their presence and that the circulator believes them to be the genuine signature of the person whose name it purports to be. The person making the certificate shall be a resident of the City and registered to vote. Any person whose name appears on a petition may withdraw their name by a statement in writing filed with the Clerk-Administrator before said Clerk-Administrator advises the Council of the sufficiency of the petition. Section 5.03. Determination of Sufficiency. The committee shall file the completed petition in the office of the Clerk-Administrator. The required number of signers shall be at least fifteen percent for initiative and referendum, and for recall, at least twenty-five percent of the total number of electors who cast their votes for president at the last presidential election. Immediately upon receipt of the petition, the Clerk-Administrator shall examine the petition as to its sufficiency and report to the Council within ten days. Upon receiving the report, the Council shall determine by resolution the sufficiency of the petition. Section 5.04. Disposition of Insufficient or Irregular Petition. If the Council determines that the petition is insufficient or irregular, the Clerk-Administrator shall deliver a copy of the petition, together with a written statement of its defects, to the sponsoring committee. The committee shall have thirty days in which to file additional signature papers and/or to correct the petition in all other particulars, except that, in the case of a petition for recall, the committee may not change the statement of the grounds on which the recall is sought. Within five days of receipt of the corrected petition, the Clerk-Administrator shall again report to the Council. If the Council finds that the petition is still insufficient or irregular, the Clerk-Administrator shall file the petition and notify the sponsoring committee. The final finding that the petition is insufficient or irregular shall not prejudice the filing of a new petition for the same purpose, nor shall it prevent the Council from referring the subject matter of the petition to the voters at the next regular or special election.