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Mounds View Charter Commission Resolution 2007-0lb Draft Markup format — Chapter 5 Date: 2/8/2007 Page 5 of 5 198 under the provisions in Section 5.03 of this chapter, the City Council must adopt a resolution 199 suspending the effective date of the Ordinance for thirty (30) calendar days and the sponsoring 200 committee will have 21 calendar days in which to file additional signature papers and/or to correct 201 the specified irregularity according to Section 5.04. If the Final Finding is that the petition is 202 insufficient, the Ordinance shall take effect on the date declared by the resolution of suspension. If 203 the corrected petition is declared sufficient according to Section 5.03, the City Council must pass a 204 resolution suspending the effective date of the Ordinance until it can be decided by a vote of the 205 public and proceed as previously mentioned in this section. (Amended, Ord. 651, 8-16-2000) 206 207 Section 5.08. Recall. Consideration by the electorate of the recall of any elected officer of the City may be 208 initiated by petition. The voters of the City may request a recall vote of any elected official of the City 209 by petition. The petition shall state at the head of each page, or attached thereto, a certificate stating 210 the name of the official officer whose removal is sought, the grounds for reca111 constituting which 211 shall be malfeasance; or misfeasance or nonfeasance in office, in not more than 250 words, and the 212 intention of the sponsoring committee to bring about the official's recall. &tell The petition shall be 213 filed in the Clerk -Administrator's office prior to circulation: and shall be valid for 180 days during 214 which time a completed petition with signatures must be filed. if the petition or amended petition is found 215 sufficient under the provisions of Section 5.03 of this chapter, the Clerk Administrator shall transmit it to the Council without 216 delay, and shall also officially notify the person sought to be recalled of the sufficiency of the petition and of the pending 217 action. The Council shall at its next meeting, by resolution, provide for the holding of special recall election within ninety 218 days after such meeting, except if any other election is to occur within ninety day period after such meeting, the Council may 219 in its discretion provide for the holding of the recall vote at that time. The Clerk Administrator shall include with the 220 published notice of the election the statement of the grounds for the recall and, also in not more than 500 words, the answer 221 of the officer concerned in justification of their course of office. The Clerk -Administrator shall notify the official 222 sought to be recalled of the petition and proceed as provided in Section 5.03 and 5.04 of this 223 Charter. If the City Council is able to declare the petition sufficient, it shall immediately pass a 224 resolution to place the measure on a ballot as provided for in Section 5.05 of this charter. Within 14 225 calendar days of the declaration of sufficiency, the elected official named by the petition may 226 provide an answer for their course of action in not more than 500 words. The Clerk -Administrator 227 shall include with the published notice of the election, the statement of the grounds for the recall 228 and the answer of the official concerned or a statement stating no answer was received. If a 229 majority of those voting on the recall vote in its favor, it shall become effective immediately upon 230 certification of the election results. If the majority does not vote in favor, the recall has failed and a 231 petition for recall is prohibited from being repeated for that elected official for one year from the 232 date of certification of the election. If a vacancy occurs due to recall election, Section 4.05 herein 233 shall apply to fill said vacancy. 234 235 Section 5.069. Initiative to Amend the Charter. Nothing in this chapter shall be construed 236 as in any way affecting the right of the electors voters to propose amendments to this charter which 237 can be proposed in accordance with MN Statute 410.12, as amended. 238 239 240 * Minnesota courts have limited the powers of initiative and referendum to ordinances which 241 are legislative in character. General legislative acts lay down some permanent and uniform rule of 242 law, administrative acts relate to daily administration of municipal affairs, and quasi judicial acts 243 are the product of investigation, consideration and deliberate human judgment based upon 244 evidentiary facts of some sort.