[Ord. No. 3773 §§1 — 2 Proposition F, 1-9-2008]
Any member of the Council may be removed at any time by the
voters qualified to vote for his successor. The procedure to effect
the removal of such Councilman shall be as follows:
A petition requesting the removal of an incumbent Councilman
shall be filed with the City Clerk. The petition shall be signed by
registered voters entitled to vote for a successor of the incumbent
equal in number to at least thirty percent (30%) of the total number
of registered voters so qualified to vote at the last regular municipal
election for such office.
The signatures to recall petition need not be appended to one
(1) paper, but all papers comprising the petition shall be uniform
in character, shall state the name of the Councilman whose recall
is sought, shall contain a general statement of the grounds for removal,
and shall contain the signed statement of the circulator thereof that
each signature appended thereto was made in his presence and is the
genuine signature of the person it purports to be. Each signer to
the petition shall state his address opposite his signature.
Within fifteen (15) days after a recall petition is filed, the
City Clerk shall determine whether each paper of the petition complies
with the requirements heretofore prescribed and whether the petition
is signed by a significant number of registered voters. After completing
his examination of the petition, the City Clerk shall certify the
results thereof to the Council at its next regular meeting. If he
finds the petition to be insufficient, he shall set forth in his certificate
the particulars in which it is defective and he shall at once notify
the person filing the petition of his findings.
If a recall petition is certified to be insufficiently signed
or otherwise defective, supplemental papers conforming to the requirements
of the original petition may be filed within twenty (20) days after
the notice of insufficiency has been sent by the City Clerk. The City
Clerk shall, within ten (10) days after such supplementary papers
are filed make an examination thereof and certify his findings to
the next regular meeting of the Council. If the petition is still
found insufficient, no further supplement shall be allowed, but a
new petition for the same purpose may be filed.
When a recall petition has been certified to the Council as
sufficient by the City Clerk, the Council shall fix a date for holding
the election, not less than thirty (30) days nor more than forty-five
(45) days thereafter. Publication and notice thereof shall be given
and the election shall be conducted, the returns canvassed and the
results declared in all respects as are other City elections. A recall
proceeding shall at once be discontinued if the office of the Councilman
whose recall is in question becomes vacant.
The ballot in a recall election shall be in the following form:
SHALL __________(name)__________ BE REMOVED FROM OFFICE?
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YES
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□
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NO
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□
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Voters in favor of the recall place a cross (X) in the square
opposite the word "YES"
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Voters opposed to the recall place a cross (X) in the square
opposite the word "NO"
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If voting machines are used, the ballot shall be prepared in
a form so as to give the voter an opportunity to vote substantially
as set forth above.
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If the majority of the electors voting in such recall election
shall vote in favor of the recall, the office in question shall become
vacant immediately. Any Councilman who has been recalled shall be
ineligible to serve in the City Government in any capacity at any
time during the remainder of the term for which he was originally
elected.
No Councilman shall be subject to recall during the first six
(6) months after his induction into office.
[Ord. No. 3773 §§1 — 2 Proposition H, 1-9-2008]
The organizer or person representing the citizens seeking the
recall of a Councilman shall pay a filing fee upon presenting the
petition to the City in the amount of one hundred fifty dollars ($150.00).