The incumbent of any elective city office, including a person
appointed to fill a vacancy in any such office, may be recalled from
office by the electors qualified to vote for the election of a successor
to the incumbent, in the manner provided herein.
To initiate recall proceedings, a written statement in duplicate
proposing the recall of the incumbent of an elective office, shall
be made and sworn to by twenty or more registered qualified electors
of the city, and shall be filed with the city clerk after the incumbent
has held the office at least four months. The statement shall also
contain the reason or reasons for which the recall is sought, in not
more than two hundred words. Within five days, the city clerk shall
mail a copy of such statement by registered, certified or similar
special mail to the officer at his residential address. Within ten
days after the statement is mailed to the officer, the officer may
make and file with the city clerk a written statement in duplicate
justifying his conduct in office, in not more than two hundred words;
and the city clerk on request shall deliver one copy to one of the
persons filing the statement proposing the recall.
The petition for recall shall include a demand that a successor
to the incumbent sought to be recalled be elected, and shall also
include before the space where the signatures are to be written the
statement giving the reason or reasons for recall under the heading
"STATEMENT FOR RECALL", and if the officer has filed a statement as
authorized, the statement justifying his conduct in office under the
heading "STATEMENT AGAINST RECALL". The two statements shall be in
letters of the same size. A copy of the petition shall be filed with
the city clerk within one month after recall proceedings are initiated
by the filing of the first statement, and before the petition is circulated.
A number of registered qualified electors of the city equal
at least to twenty (20) per cent of the total number of votes cast
for governor in the city at the last general state election at which
a governor was elected, must sign the petition. Each signer shall
write after his name his address within the city, giving street or
avenue and number, if any. Not more than one hundred signatures may
appear on a single copy of the petition. Petitions may be circulated
only by registered qualified electors of the city; and the person
who circulates each copy of the petition shall sign an affidavit on
the copy stating that each signer signed the petition in his presence,
that each signature on the petition is genuine, and that he believes
each signer to be a registered qualified elector of the city.
The circulated petition shall be filed with the city clerk not
later than one month after the filing of a copy as provided above.
Within one month after date of filing of the circulated petition,
the city clerk shall examine it and ascertain whether it has been
prepared and circulated as required, and whether the required number
of registered qualified electors of the city have signed it. He shall
then attach his certificate to the petition. If his certificate states
that the petition has not been prepared and circulated as required
and/or lacks a sufficient number of signatures, the petition shall
have no effect; provided that, in case of an adverse decision of the
city clerk, petitioners may appeal to the district court within thirty
days after date of the certificate. Recall proceedings may not again
be initiated against the same person within six months after date
of the certificate. But, if the city clerk's certificate states
that the petition has been prepared and circulated as required and
has a sufficient number of signatures, he shall submit the petition
and certificate to the council at its next meeting.
The council, by resolution or ordinance passed within ten days
after receiving the petition and certificate of the city clerk, shall
order and fix the date for a recall election, which shall be held
not less than forty days, nor more than fifty days, after passage
of the resolution or ordinance. The city clerk shall cause the resolution
or ordinance ordering the election to be published in full in a newspaper
of general circulation within the city within ten days after its passage;
and such publication shall be sufficient notice of the election.
The qualified electors of the city may vote in a recall election
on the election of successors to more than one incumbent of an elective
office.
The recall election shall be an election to fill the office
held by the incumbent sought to be recalled. Any qualified person,
including the incumbent, may file as a candidate for the office; and
candidates must file at least fifteen days before the recall election.
The candidate receiving the greatest number of votes in the recall
election shall be elected. If a candidate other than the incumbent
is elected, the incumbent shall be recalled from office effective
as of the time when the result of the election is certified. The said
successful candidate must qualify within one month thereafter; and
if he fails to do so, the office shall be vacant, and the vacancy
shall be filled as other vacancies in the council are filled. A candidate
thus elected and qualifying shall serve for the unexpired term. If
the incumbent is a candidate and receives the greatest number of votes,
he shall continue in office without interruption; and recall proceedings
may not again be initiated against him within one year after the election.
The provisions of this charter relating to city elections shall
also govern recall elections insofar as they are applicable and are
not superseded by the provisions of this article.
No person who has been recalled from an office, or who has resigned
from such office while recall proceedings were pending against him,
may hold any office or position of employment in the city government
within three years after his recall or resignation.
