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Mounds View Charter Commission Resolution 2007-01 d Final Markup format — Chapter 5 Date: 6/28/2007 Page 5 of 5 198 ordinance until it is decided by a vote of the public. The Council must also immediately pass a resolution 199 to place the measure on a ballot as provided in Section 5.05 of this Charter. If a majority of the -voters 200 favors the ordinance contained in the petition, it shall take effect immediately unless the ordinance 201 specifies a later date. If a majority votes against the ordinance contained in the petition, it shall be 202 considered repealed upon certification of the election results. If the petition does not meet the 203 requirements of sufficiency under the provisions in Section 5.03 of this chapter, the Council must adopt a 204 resolution suspending the effective date of the ordinance for thirty (30) calendar days and the Sponsoring 205 Committee will have twenty-one (21) calendar days in which to file additional signature papers and/or to 206 correct the specified irregularity according to Section 5.04. If the final finding is that the petition is 207 insufficient, the ordinance shall take effect on the date declared by the resolution of suspension. If the 208 corrected petition is declared sufficient according to Section 5.03, the Council must pass a resolution 209 suspending the effective date of the ordinance until it can be decided by a vote of the public and proceed 210 as previously mentioned in this section. (Amended, Ord. 651, 8-16-2000) 211 212 Section 5.08. Recall. Consideration by the electorate of the recall of any elected officer of the City may be initiated 213 by petition. The voters of the City may request a recall vote of any elected official of the City by petition. 214 The petition shall state at the head of each page, or attached thereto, a certificate stating the name of the 215 official whose removal is sought, the grounds for recall, constituting which shall be malfeasance; or 216 misfeasance or nonfeasance in office, in not more than two hundred fifty (250) words, and the intention of 217 the sponsoring committcoSponsoring Committee to bring about the official's recall. Sueh The petition 218 shall be filed in the Clerk -Administrator's office prior to circulation: and shall be valid for one hundred 219 eighty (180) calendar days during which time a completed petition with signatures must be filed. Ifthe 220 petition or amended petition is found sufficient under the provisions of Section 5.03 of this chapter, the Clerk Administrator shall 221 transmit it to the Council without delay, and shall also officially notify the person sought to be recalled of the sufficiency of the 222 petition and of the pending action. The Council shall at its next meeting, by resolution, provide for the holding of special recall 223 election within ninety days after such meeting, cxccpt if any othcr election is to occur within ninety day period after such meeting, 224 the Council may in its discretion provide for the holding of the recall vote at that time. The Clerk Administrator shall include with 225 the published notice of the election the statement of the grounds for the recall and, also in not more than 500 words, the answer of the 226 officer concerned in justification of their course of office. The Clerk -Administrator shall notify the official sought to 227 be recalled of the petition and proceed as provided in Section 5.03 and 5.04 of this Charter. If the Council 228 declares the petition sufficient, it shall immediately pass a resolution to place the measure on a ballot as 229 provided for in Section 5.05 of this charter. Within fourteen (14) calendar days of the declaration of 230 sufficiency, the elected official named by the petition may provide a response for their own course of 231 action in not more than five hundred (500) words. The Clerk -Administrator shall include with the 232 published notice of the election, the statement of the grounds for the recall and the response of the official 233 concerned or a statement stating no response was received. If a majority of those voting on the recall vote 234 in its favor, it shall become effective immediately upon certification of the election results. If the majority 235 does not vote in favor, the recall has failed and a petition for recall is prohibited from being repeated for 236 that elected official for one year from the date of certification of the election. If a vacancy occurs due to 237 recall election, Section 4.05 herein shall apply to fill said vacancy. 238 239 Section 5.069. Initiative to Amend the Charter. Nothing in this chapter shall be construed as in 240 any way affecting the right of the elector:, voters to propose amendments to this charter which can be 241 proposed in accordance with MN Statute 410.12, as amended. 242 243 * Minnesota courts have limited the powers of initiative and referendum to ordinances which are 244 legislative in character. General legislative acts lay down some permanent and uniform rule of law, 245 administrative acts relate to daily administration of municipal affairs, and quasi judicial acts are the 246 product of investigation, consideration and deliberate human judgment based upon evidentiary facts of 247 some sort.