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Mounds View Charter Commission Resolution 2007-01 a Final Markup format — Chapter 5 Date: 5/8/2007 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 committceSponsoring Committee to bring about the official's recall. 213 Sueh The petition shall be filed in the Clerk -Administrator's office prior to circulation.- and shall be 214 valid for 180 days during which time a completed petition with signatures must be filed. if the petition 215 or amended petition is found sufficient under the provisions of Section 5.03 of this chapter, the Clerk Administrator shall 216 transmit it to the Council without delay, and shall also officially notify the person sought to be recalled of the sufficiency of 217 the petition and of the pending action. The Council shall at its next meeting, by resolution, provide for the holding of special 218 recall election within ninety days after such meeting, except if any other election is to occur within ninety day period after 219 such meeting, the Council may in its discretion provide for the holding of the recall vote at that time. The Clerk 220 Administrator shall include with the published notice of the election the statement of the grounds for the recall and, also in 221 The Clerk- 222 Administrator shall notify the official sought to be recalled of the petition and proceed as provided 223 in Section 5.03 and 5.04 of this Charter. If the City Council is able to declare the petition sufficient, 224 it shall immediately pass a resolution to place the measure on a ballot as provided for in Section 225 5.05 of this charter. Within 14 calendar days of the declaration of sufficiency, the elected official 226 named by the petition may provide an answer for the elected officials' course of action in not more 227 than 500 words. The Clerk -Administrator shall include with the published notice of the election, 228 the statement of the grounds for the recall and the answer of the official concerned or a statement 229 stating no answer was received. If a majority of those voting on the recall vote in its favor, it shall 230 become effective immediately upon certification of the election results. If the majority does not 231 vote in favor, the recall has failed and a petition for recall is prohibited from being repeated for that 232 elected official for one year from the date of certification of the election. If a vacancy occurs due to 233 recall election, Section 4.05 herein 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 lav 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.