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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 Section 5.08. Recall. 199 by petition. The voters of the City may request a recall vote of any elected official of the City by petition. 200 The petition shall state at the head of each page, or attached thereto, a certificate stating the name of the 201 official officer whose removal is sought, the grounds for recall, constituting which shall be malfeasance; 202 or misfeasance or nonfeasance in office, in not more than 250 words, and the intention of the sponsoring 203 committeeSponsoring Committee to bring about the official's recall. Sueh The petition shall be filed in 204 the Clerk -Administrator's office prior to circulation.- and shall be valid for 180 days during which time a 205 completed petition with signatures must be filed. If the petition or amended petition is found sufficicnt undcr the 206 207 officially notify the person sought to be recalled of the sufficiency of the petition and of the pending action. The Council shall at 208 its next meeting, by resolution, provide for the holding of special recall election within ninety days after such meeting, except if 209 any other election is to occur within ninety day period after such meeting, the Council may in its discretion provide for the holding 210 of the recall vote at that time. The Clerk Administrator shall include with the published notice of the election the statement of the 211 grounds for the recall and, also in not more than 500 words, the answer of the officer concerned in justification of their course of 212 office. The Clerk -Administrator shall notify the official sought to be recalled of the petition and proceed 213 as provided in Section 5.03 and 5.04 of this Charter. If the City Council is able to declare the petition 214 sufficient, it shall immediately pass a resolution to place the measure on a ballot as provided for in 215 Section 5.05 of this charter. Within 14 calendar days of the declaration of sufficiency, the elected 216 official named by the petition may provide an answer for their own course of action in not more than 217 500 words. The Clerk -Administrator shall include with the published notice of the election, the 218 statement of the grounds for the recall and the answer of the official concerned or a statement stating no 219 answer was received. If a majority of those voting on the recall vote in its favor, it shall become 220 effective immediately upon certification of the election results. If the majority does not vote in favor, 221 the recall has failed and a petition for recall is prohibited from being repeated for that elected official for 222 one year from the date of certification of the election. If a vacancy occurs due to recall election, Section 223 4.05 herein shall apply to fill said vacancy. 224 225 Section 5.069. Initiative to Amend the Charter. Nothing in this chapter shall be construed as in 226 any way affecting the right of the electors voters to propose amendments to this charter which can be 227 proposed in accordance with MN Statute 410.12, as amended. 228 229 230 * Minnesota courts have limited the powers of initiative and referendum to ordinances which are 231 legislative in character. General legislative acts lay down some permanent and uniform rule of law, 232 administrative acts relate to daily administration of municipal affairs, and quasi judicial acts are the 233 product of investigation, consideration and deliberate human judgment based upon evidentiary facts of 234 some sort.