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Mounds View Charter Commission Date: 3/9/2006 Charter Updates: Category 2 Items, Chapter 5 Revision—DRAFT 6 -BA Notes added Page 6 of 7 155 shall be considered repealed 45 upon certification of the election results. (Amended, Ord. 651, 8-16- 156 2000) 157 158 Section 5.08. Recall. 159 . The voters of the City may request a recall vote of any elected 160 official of the City by petition. The petition shall state at the head of each page, or attached thereto, 161 a eertifieate stating the name of the ef€reer-official46_whose removal is sought, the grounds for 162 recall, w-hieh shall be malfeasanee, t sf as� -.F asa-nee o ffi e, constituting malfeasance 163 or misfeasance473 in not more than 250 words, and the intention of the sponsoring" committee to 164 bring about the official's recall.—Sttek The petition shall be filed in the Clerk-Administrator's office 165 prior to circulation49. If the petition or amended petition is fetmd determined sufficient5'under the 166 provisions of Section 5.03 of this chapter, the Clerk-Administrator shall wit submit it to the 167 Council without delay, an as required. The Clerk-Administrator shall also officially notify the 168 peirse rofficia151 sought to be recalled of the sufficiency52 of the petition and of the pending action 169 within five working days. The Gotineil shall a4 its next meeting, by resolution, provide For the 170 holding of speeial ireeall eleetion within ninety days after stteh meeting, exeept if any other eleetion- 171 is to oeettr within ninety day period afteir stteh meeting, the Gotmeil may in its diseretion provide foir 172 the holding of the reeall vote at that time. The Glefk Administratof shall inelude with the published- 173 notiee of the eleetion the statement of the grounds for the reeall and, also in not more than 500 174 wofds, the answeir of the offieeir eoneerned in justifieation of their eotifse of offiee. Within five 175 working ddays of notification, the elected official53 named by the petition may provide an answer for 176 their54 course of action in not more than 500 words. If there is no regularly scheduled election 177 within 120 calendar days of the determination of sufficiency or if the calendar date prohibits 178 compliance with provisions in Chapter 4 of this Charter. upon declaration of sufficiency.the 179 Council shall immediately call a special election to take place within 90 calendar days of said 180 meeting. The Clerk-Administrator shall include with the published notice of the elections5, 181 statement of the grounds for the recall and the answer of the official concerned or a statement 182 stating no answer was received. If a majority of those voting on the recall vote in its favor, it shall 183 become effective immediately upon certification of the election results. If the majority do not vote 45 How does an ordinance that was never in effect become repealed? I think we mean it remains not enacted and dies for lack of voter support. We should also have a limit on how soon the same subject or ordinance can be reconsidered by the Council. 46 For clarity we should either always use elected official or capitalize official. 47 What are the MN Statue references for these conditions? Should we include a definition source for the terns? 48 Capitalize the Sponsoring Committee. 49 Why does this have to be filed? 50 Again,we need to make sure this is not determining sufficiency,which is a Council responsibility,but is signatures requirement and form criteria question for the Clerk-Administrator. 51 Do we mean"Elected Official'? 52 Replace sufficiency with status. 53 Capitalize? 54 Replace with"his/her"to clarify this is singular response and not plural. Recall is for an elected official and not a whole Council. 55 Do we have rules governing when this notice needs to be placed. A recall is significant that notice might need to be 45 days before the election date. City of Mounds View