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Mounds View Charter Commission Date: 7/12/2007 Revision in—Chapter 5 Clear Text used to produce Resolution 2007-01 e Page 5 of 5 193 suspending the effective date of the ordinance until it can be decided by a vote of the public and proceed 194 as previously mentioned in this section. (Amended, Ord. 651, 8-16-2000) 195 196 Section 5.08. Recall. The voters of the City may request a recall vote of any elected official of 197 the City by petition. The petition shall state at the head of each page, or attached thereto, a certificate 198 stating the name of the official whose removal is sought, the grounds for recall, which shall be 199 malfeasance or misfeasance in office, in not more than two hundred fifty(250) words, and the intention 200 of the Sponsoring Committee to bring about the official's recall. The petition shall be filed in the Clerk- 201 Administrator's office prior to circulation and shall be valid for one hundred eighty (180) calendar days 202 during which time a completed petition with signatures must be filed. The Clerk-Administrator shall 203 notify the official sought to be recalled of the petition and proceed as provided in Section 5.03 and 5.04 204 of this Charter. If a petition for recall is determined to be frivolous, it is prohibited from being repeated 205 within one year of the determination. If the Council declares the petition sufficient, it shall immediately 206 pass a resolution to place the measure on a ballot as provided for in Section 5.05 of this charter. Within 207 fourteen (14) calendar days of the declaration of sufficiency, the elected official named by the petition 208 may provide a response for their own course of action in not more than five hundred(500)words. The 209 Clerk-Administrator shall include with the published notice of the election, the statement of the grounds 210 for the recall and the response of the official concerned or a statement stating no response was received. 211 If a majority of those voting on the recall vote in its favor, it shall become effective immediately upon 212 certification of the election results. If the majority does not vote in favor, the recall has failed and a 213 petition for recall is prohibited from being repeated for that elected official for one year from the date of 214 certification of the election. If a vacancy occurs due to recall election, Section 4.05 herein shall apply to 215 fill said vacancy. 216 217 Section 5.09. Initiative to Amend the Charter. Nothing in this chapter shall be construed as in 218 any way affecting the right of the voters to propose amendments to this charter which can be proposed 219 in accordance with MN Statute 410.12,as amended. 220 221 Minnesota courts have limited the powers of initiative and referendum to ordinances which are 222 legislative in character. General legislative acts lay down some permanent and uniform rule of law, 223 administrative acts relate to daily administration of municipal affairs, and quasi judicial acts are the 224 product of investigation, consideration and deliberate human judgment based upon evidentiary facts of 225 some sort.