[Amended 11-2-2010; 11-4-2014]
General meetings of the citizens qualified to vote in the City
affairs may from time to time be held to consult upon the public good,
to advise their representatives, and to request them to take all lawful
measures to obtain redress of any grievances according to the rights
secured to the people of the State by the Constitution of this State.
Such meetings shall be duly warned as provided by law by the Mayor
and the City Council upon request of 50 qualified voters. The City
Clerk shall act as Clerk of such meetings and record the proceedings
upon the City records.
The City Council shall within 12 months of the effective date of this Charter, in accordance with the provisions of the Constitution of the State of Maine, Article IV, Part 3, Section 21, enact an ordinance relating to initiative and referendum for the electors of the City in regard to its municipal affairs.
a.
Power of Recall. Any elected official including Mayor, City Councilor,
Ward Clerk, Warden, or School Board member may be recalled and removed
from office by the qualified electors of the City as herein provided.
b.
Affidavit for Recall. Any 50 voters of the City, or, in case of a
Ward Councilor, School Board member, Warden or Ward Clerk, any 50
voters from the respective Ward, may make and file with the City Clerk
an affidavit containing the name or names of the member or members
whose removal is sought and a general statement of the reasons why
such removal is desired.
c.
Petition for Recall. The City Clerk shall thereupon prepare petition
blanks for such removal with a copy of said affidavit and general
statement printed thereon or attached thereto, which shall contain
the signature of said City Clerk, the Clerk's official seal, shall
be dated, addressed to the City Council, and contain the name or names
of the person or persons whose removal is sought. The City Clerk shall
file said petition blanks and shall, during office hours for 20 business
days thereafter, keep the same open for signatures by qualified voters
of the City and no such petition blanks shall be signed or presented
for signature at any place other than the City Clerk's office.
[Amended 11-6-2018[1]]
[1]
Editor's Note: This Charter amendment has an effective date
of 7-9-2019.
d.
Number of Signatures. To be effective in the case of the Mayor, the
recall petition must be signed by not less than 15% of the number
of registered voters, at the time of the last preceding general municipal
election, as determined by the City Clerk. In the case of a Ward Councilor,
Warden, Ward Clerk, or School Board member, who has been elected as
such by the registered voters of said Ward, the petition must be signed
by not less than 15% of the number of registered voters in that ward
at the time of the last preceding general municipal election as determined
by the City Clerk.
[Amended 11-2-2021[2]]
[2]
Editor's Note: This Charter amendment has an effective date
of 1-1-2022.
e.
Certification by Clerk. At the expiration of said 20 days, the City
Clerk shall declare the petition closed and shall within 10 days thereafter
ascertain whether or not the petition has been signed by the requisite
number of voters and shall attach thereto the Clerk's certificate
showing the result of such examination.
[Amended 11-6-2018[3]]
[3]
Editor's Note: This Charter amendment has an effective date
of 7-9-2019.
f.
Calling of Election. If the petition shall be certified by the City
Clerk to be sufficient, the City Clerk shall submit the same with
the Clerk's certificate to the City Council at its next regular meeting
and shall notify the member or members whose removal is sought of
such action. The City Council shall thereupon, within 10 days of the
receipt of the City Clerk's certificate, order an election to be held
not less than 40 nor more than 60 days thereafter; provided that,
if a regular municipal election is to occur within 90 days after the
receipt of said certificate, the City Council may in its discretion
provide for the holding of the recall election on the date of such
other municipal election. The recall election shall be called and
held and nomination made as in other elections under the Charter,
except for the specific limitations of this section.
[Amended 11-6-2018[4]]
[4]
Editor's Note: This Charter amendment has an effective date
of 7-9-2019.
g.
Form of Ballot. Unless the member or members whose removal is sought
shall have resigned within 10 days after the receipt by the City Council
of the City Clerk's certificate, the form of a ballot at such election
shall, as nearly as may, be "Shall A be recalled? Shall B be recalled?",
etc. The name of the member or members whose recall is sought being
inserted in place of A, B, etc. In the event a majority of those voting
shall vote in favor of the recall, such member or members shall be
thereby removed and the City Council shall order an election to fill
such vacancy be held within 105 days thereafter.
[Amended 11-2-2021[5]]
[5]
Editor's Note: This Charter amendment has an effective date
of 1-1-2022.
h.
Election of Successor. The election shall be called and held and nomination made as in other elections under Article VII, except for the specific limitations of this section. Any candidate elected under the provisions of this section shall serve for the balance of the unexpired terms of the official who such candidate succeeds.
i.
Election May Be Ordered. Should the City Council fail or refuse to
order an election as herein provided, judicial review may be sought,
pursuant to the provisions of Rule 80B of the Maine Rules of Civil
Procedure.
