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Chapter5Clear070628 (2)
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Chapter5Clear070628 (2)
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MV City Charter
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Mounds View Charter Commission Date: 6/28/2007 <br /> Revision kāChapter 5 Clear Text used to produce Resolution 2007-01 d Page 5 of 5 <br /> 183 <br /> 184 Section 5.08. Recall. The voters of the City may request a recall vote of any elected official of <br /> 185 the City by petition. The petition shall state at the head of each page, or attached thereto, a certificate <br /> 186 stating the name of the official whose removal is sought, the grounds for recall, which shall be <br /> 187 malfeasance or misfeasance in office, in not more than two hundred fifty(250) words, and the intention <br /> 188 of the Sponsoring Committee to bring about the official's recall. The petition shall be filed in the Clerk- <br /> 189 Administrator's office prior to circulation and shall be valid for one hundred eighty(180) calendar days <br /> 190 during which time a completed petition with signatures must be filed. The Clerk-Administrator shall <br /> 191 notify the official sought to be recalled of the petition and proceed as provided in Section 5.03 and 5.04 <br /> 192 of this Charter. If the Council declares the petition sufficient, it shall immediately pass a resolution to <br /> 193 place the measure on a ballot as provided for in Section 5.05 of this charter. Within fourteen (14) <br /> 194 calendar days of the declaration of sufficiency, the elected official named by the petition may provide a <br /> 195 response for their own course of action in not more than five hundred (500) words. The Clerk- <br /> 196 Administrator shall include with the published notice of the election, the statement of the grounds for <br /> 197 the recall and the response of the official concerned or a statement stating no response was received. If <br /> 198 a majority of those voting on the recall vote in its favor, it shall become effective immediately upon <br /> 199 certification of the election results. If the majority does not vote in favor, the recall has failed and a <br /> 200 petition for recall is prohibited from being repeated for that elected official for one year from the date of <br /> 201 certification of the election. If a vacancy occurs due to recall election, Section 4.05 herein shall apply to <br /> 202 fill said vacancy. <br /> 203 <br /> 204 Section 5.09. Initiative to Amend the Charter. Nothing in this chapter shall be construed as in <br /> 205 any way affecting the right of the voters to propose amendments to this charter which can be proposed <br /> 206 in accordance with MN Statute 410.12,as amended. <br /> 207 <br /> 208 Minnesota courts have limited the powers of initiative and referendum to ordinances which are <br /> 209 legislative in character. General legislative acts lay down some permanent and uniform rule of law, <br /> 210 administrative acts relate to daily administration of municipal affairs, and quasi judicial acts are the <br /> 211 product of investigation, consideration and deliberate human judgment based upon evidentiary facts of <br /> 212 some sort. <br />
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