Section 5.8 Recall. Consideration by the electorate of the recall of any elected ofT1cer of the
city may be initiated by petition. The petition shall state at the head of each page, or attached
thereto, a certificate stating the name of the officer whose removal is sought, the grounds for
recall, which shall be malfeasance, misfeasance or nonfeasance in office, is not more than 250
words, and the intention of the sponsoring committee to bring about the officer's recall. Such
petition shall be filed in the city clerk's office prior to circulation. If the petition or amended
petition is found sufficient under the provisions of Section 5.3 of this chapter, the city clerk shall
transmit it to the council without delay, and shall also officially notify the person sought to be
recalled of the sufficiency of the petition and of the pending action. The council shall, at its next
meeting, by resolution, provide for the holding of a special recall election within ninety days
after such meeting, the council may, in its discretion, provide for the holding of the recall vote at
that time. If the special recall election involves a councilmember elected from a separate ward,
the special recall election shall be conducted only within the ward of such councilmember. Ifthe
special recall election involves the mayor, a councilmember who is elected at large, the election
shall be a citywide election. The city clerk shall include with 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 officer concerned in justification of his/her course of office. If a vacancy occurs due to recall
election, Section 4.5 herein shall apply to fill such vacancy.
Section 5.9 Majority Voter Turnout. No ballot question considered at a general or special
election pursuant to Charter Sections 5.5 Initiative, 5.7 Referendum or 5.8 Recall shall be
deemed approved by the voters unless at the election:
2.
A majority of the registered voters at the time of the last city-wide election vote
on the ballot question AND
A majority of the persons voting, vote in favor of the ballot questions.
- Sections 5.2, 5.3, 5.4, 5.5, 5.8 amended by Ordinance — effective January 24, 2001
- Section 5.3 amended by General Election, November 6, 2001 — effective December 6, 2001
- Section 5.7 amended?????
- Section 5.9 added by
, 20
— effective
- Section 5.2.1, 5.2.2, 5.3 & 5.8 amended by Ordinance #04-47 — effective March 5, 2005
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