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Subdivision 1. The voters of the city may request a recall vote of any elected official of the city by <br />petition. The petition shall state at the head of each page, or attached thereto, a certificate stating the <br />name of the official whose removal is sought, the grounds for recall, which shall be malfeasance or <br />misfeasance in office, in not more than 250 words, and the intention of the sponsoring committee to <br />bring about the official's recall. The petition shall be filed in the city administrator's office prior to <br />circulation and shall be valid for 180 calendar days during which time a completed petition with <br />signatures must be filed. (Amended 2010 Ord. 841; Amended 2023 Ord. 1009.) <br /> Subdivision 2. The city administrator shall notify the official sought to be recalled of the petition and <br />proceed as provided in Section 5.03 and 5.04 of this Charter. If a petition for recall is determined to be <br />frivolous, it is prohibited from being repeated within one (1) year of the determination. If the Council <br />declares the petition sufficient, it shall immediately pass a resolution to place the measure on a ballot <br />as provided for in Section 5.05 of this charter. Within fourteen (14) calendar days of the declaration of <br />sufficiency, the elected official named by the petition may provide a response for their own course of <br />action in not more than 500 words. The city administrator shall include with the published notice of the <br />election, the statement of the grounds for the recall and the response of the official concerned or a <br />statement stating no response was received. If a majority of those voting on the recall vote in its favor, <br />it shall become effective immediately upon certification of the election results. If the majority does not <br />vote in favor, the recall has failed and a petition for recall is prohibited from being repeated for that <br />elected official for one (1) year from the date of certification of the election. If a vacancy occurs due to <br />recall election, Section 4.05 herein shall apply to fill said vacancy. (Amended 2010 Ord. 841; Amended <br />2023 Ord. 1009.) <br /> Section 5.09. Initiative to Amend the Charter. Nothing in this chapter shall be construed as in any <br />way affecting the right of the voters to propose amendments to this Charter which can be proposed in <br />accordance with Minnesota Statutes, section 410.12, as amended. (Amended 2023 Ord. 1009.) <br />* Minnesota courts have limited the powers of initiative and referendum to ordinances which are <br />legislative in character. General legislative acts lay down some permanent and uniform rule of law, <br />administrative acts relate to daily administration of municipal affairs, and quasi judicial acts are the <br />product of investigation, consideration and deliberate human judgment based upon evidentiary facts of <br />some sort. <br />CHAPTER 6: ADMINISTRATION OF CITY AFFAIRS <br /> Section 6.01. Administrative Responsibility. The Council as a body, shall be responsible for the <br />administration of the City. The Council shall appoint an administrative officer to assist in the <br />administration of City affairs. For purposes of reference in this Charter, this administrative officer shall <br />be referred to as the city administrator. (Amended 2010 Ord. 841; Amended 2023 Ord. 1009.) <br /> Section 6.02. Administrative Organization. <br /> Subdivision 1. The Council may by ordinance establish City departments, offices, and agencies and <br />prescribe their functions. No power or duty conferred by this Charter upon a particular office or agency <br />shall be transferred to another. <br /> Subdivision 2. The Council shall hire heads of departments, and such other and further officers and <br />personnel as may be required to operate the City efficiently. The Council shall determine the <br />qualifications thereof and prescribe the duties to be performed by each, except as otherwise <br />prescribed in this Charter. (Amended 2023 Ord. 1009.) <br /> Subdivision 3. The head of departments and other officers designated by the Council shall report in <br />person to the Council and to the public at least once each quarter at a regularly scheduled Council <br />meeting.