[Amended 11-5-1996; 11-4-2008]
B.
General authority. The registered voters of the Town
of Charlestown shall have the power to remove elected officials from
office by recall, provided that the recall may not be initiated during
either the first four (4) or last six (6) months of an incumbent's
term, or within six (6) months of any general election. Recall provisions
shall apply to all elected bodies; Town Council, Planning Commission
and School Committee.
1.
Commencement of proceedings: Any five (5) qualified
voters may commence recall proceedings by filing with the Town Clerk.
2.
Petitions.
(A)
Number of signatures. Recall petitions must
be signed by qualified voters equal in number to at least twenty percent
(20%) of the average of the total number of persons that actually
voted at the last two (2) General elections in the town.
(B)
Form and content. All papers of the petition
shall be uniform in size and style and shall be assembled as one (1)
instrument for filing. Each signature shall be executed in ink or
indelible pencil and shall be followed by the printed name and voting
address of the person signing. Petitions shall contain or have attached
thereto throughout their circulation the name and office of the official
for whom recall is sought.
(C)
Affidavit of circulator. Each paper of a petition
shall have attached to it when filed, an affidavit executed by the
person circulating it stating the number of signatures thereon and
affirming that he/she personally circulated the paper, that all the
signatures were affixed in the presence of the circulator, and that
he/she believes them to be genuine signatures of the persons whose
names they purport to be.
(D)
Time for filing recall petitions. Recall petitions
must be filed with the town clerk within seventy-five (75) calendar
days after the clerk's issuance of the blank petition.
3.
Procedure after filing. Certification of petition.
The town clerk shall forthwith refer the filed recall petition to
the board of canvassers which shall within ten (10) business days
prepare a certificate as to the sufficiency, specifying if it is sufficient
and specifying if it is insufficient, the particulars wherein it is
defective. Any voter who is unable to write may sign by making his
or her mark (X) on the petition in the presence of two (2) witnesses
who shall subscribe their names on the paper as witnesses to the signing.
4.
Submission to voters. The vote of the town on a recall
petition shall be held not less than forty-five (45) calendar days
and not more than sixty (60) calendar days from the date that the
board of canvassers certified the petition as sufficient.
5.
Results of election.
A.
If a majority of the votes cast on the question of
removal is affirmative, the person whose removal is sought shall thereupon
be deemed removed from office upon certification of the election results.
B.
If a majority of votes cast on the question of removal
is not in the affirmative, then no subsequent recall petition for
the same individual may be initiated for at least four (4) calendar
months.
6.
Filling of Vacancy. With regards to a recall of a Town Council member, the vacancy of this term shall be filled by the manner prescribed in section C-24 of this Charter. With regards to a recall of a Planning Commission member, the vacancy will be filled in the manner prescribed in C-172 of this Charter. With regards to a recall of a School Committee member, the vacancy will be filled in the manner prescribed either in C-116 of this Charter or as prescribed in the Chariho Act, whichever is applicable.
