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Mounds View Charter Commission Resolution 2007-Ole Final Markup format — Chapter 5 Date7/ 12/2007 Page 5 of 6 200 of the measure to be considered by the electorate voters. The Sponsoring Committee must file the 201 completed petition in the office of the Clerk -Administrator at least ten (10) calendar days before the 202 ordinance takes effect. If a petition is determined to be frivolous, no further action on the petition shall be 203 taken and the adoption of the ordinance shall proceed according to Section 3.05. If the petition is found to 204 be sufficient under the provisions of Section 5.03 of this chapter, the said ordinance shall thereby be prevented from 205 going into operation, and the subject matter of the petition shall be placed on the ballot at the next election occurring in the City. If 206 no election is to occur within 120 days after the filing of the petition, the Council shall call a special election to be held within such 207 period, providing the petition has been found to be sufficient. If a majority of the voters voting thereon favors the ordinance 208 contained in the petition, it shall remain in effect. If a majority of the electors voting thereon votes against the ordinance contained in 209 the petition, it shall be considered repealed upon certification of the election results the Council must immediately adopt a 210 resolution suspending the effective date of the ordinance until it is decided by a vote of the public. The 211 Council must also immediately pass a resolution to place the measure on a ballot as provided in Section 212 5.05 of this Charter. If a majority of the -voters favors the ordinance contained in the petition, it shall take 213 effect immediately unless the ordinance specifies a later date. If a majority votes against the ordinance 214 contained in the petition, it shall be considered repealed upon certification of the election results. If the 215 petition does not meet the requirements of sufficiency under the provisions in Section 5.03 of this chapter 216 and is determined not to be frivolous, the Council must adopt a resolution suspending the effective date of 217 the ordinance for thirty (30) calendar days and the Sponsoring Committee will have twenty-one (21) 218 calendar days in which to file additional signature papers and/or to correct the specified insufficiency 219 according to Section 5.04. If the final finding is that the petition is insufficient, the ordinance shall take 220 effect on the date declared by the resolution of suspension. If the corrected petition is declared sufficient 221 according to Section 5.03, the Council must pass a resolution suspending the effective date of the 222 ordinance until it can be decided by a vote of the public and proceed as previously mentioned in this 223 section. (Amended, Ord. 651, 8-16-2000) 224 225 Section 5.08. Recall. Consideration by the electorate of the recall of any elected officer of the City may be initiated 226 by petition. The voters of the City may request a recall vote of any elected official of the City by petition. 227 The petition shall state at the head of each page, or attached thereto, a certificate stating the name of the 228 official whose removal is sought, the grounds for recall, constituting which shall be malfeasance; or 229 misfeasance or nonfeasance in office, in not more than two hundred fifty (250) words, and the intention of 230 the sponsoring committcoSponsoring Committee to bring about the official's recall. Siieh The petition 231 shall be filed in the Clerk -Administrator's office prior to circulation: and shall be valid for one hundred 232 eighty (180) calendar days during which time a completed petition with signatures must be filed. If the 233 234 transmit it to the Council without delay, and shall also officially notify the person sought to be recalled of the sufficiency of the 235 petition and of the pending action. The Council shall at its next meeting, by resolution, provide for the holding of special recall 236 election within ninety days after such meeting, except if any other election is to occur within ninety day period after such meeting, 237 the Council may in its discretion provide for the holding of the recall vote at that time. The Clerk Administrator shall include with 238 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 239 officer concerned in justification of their course of office. The Clerk -Administrator shall notify the official sought to 240 be recalled of the petition and proceed as provided in Section 5.03 and 5.04 of this Charter. If a petition 241 for recall is determined to be frivolous, it is prohibited from being repeated within one year of the 242 determination. If the Council declares the petition sufficient, it shall immediately pass a resolution to 243 place the measure on a ballot as provided for in Section 5.05 of this charter. Within fourteen (14) calendar 244 days of the declaration of sufficiency, the elected official named by the petition may provide a response 245 for their own course of action in not more than five hundred (500) words. The Clerk -Administrator shall 246 include with the published notice of the election, the statement of the grounds for the recall and the 247 response of the official concerned or a statement stating no response was received. If a majority of those 248 voting on the recall vote in its favor, it shall become effective immediately upon certification of the 249 election results. If the majority does not vote in favor, the recall has failed and a petition for recall is 250 prohibited from being repeated for that elected official for one year from the date of certification of the 251 election. If a vacancy occurs due to recall election, Section 4.05 herein shall apply to fill said vacancy.