[Amended 12-9-2008]
The holder of any elective office under this Charter may be
removed by the qualified voters of the City of Cushing. The procedure
for such removal shall be as follows:
A Preliminary Complaint asking the recall of the person sought
to be removed, signed by 100 qualified voters of the City, shall be
first filed in the office of the City Clerk. The Preliminary Complaint
shall set forth a statement of facts in detail substantiating the
grounds for which the removal is sought and shall be subscribed and
sworn to by at least 100 qualified voters of the City. The following
are the only grounds for which removal may be sought:
1. Violation of the Charter of the City of Cushing.
2. Breach of the oath of office as office holder.
3. Conviction of, the entry of a plea of guilty or nolo contendere
to, or the imposition of a deferred sentence with respect to a felony
or crime involving moral turpitude.
4. Violation of state, federal or city laws or ordinances.
A Preliminary Complaint which simply states the general category
or ground is invalid. The Preliminary Complaint must state with specificity
the facts which establish or tend to establish that the grounds exist.
The Preliminary Complaint shall state specific dates, times, places,
persons and things related to the alleged violation in sufficient
detail to allow the affected office holder to prepare a meaningful
response and allow any interested citizen to know the facts which
are the basis for the attempted recall.
The City Clerk shall have ten (10) calendar days from the filing
of the Preliminary Complaint in which to validate that the requisite
number of qualified voters have executed the Preliminary Complaint
and that facts with sufficient specificity have been alleged. The
Clerk shall apply the standards set forth above in determining whether
the grounds and facts supporting such grounds have been adequately
stated.
It shall be the duty of the City Clerk to immediately prepare
and mail to the affected office holder by regular first class mail
a certified copy of the Preliminary Complaint. The office holder affected
shall, for a period of thirty (30) calendar days after mailing have
the option, but is not required, to respond in writing to the grounds
stated in the Preliminary Complaint and file the Response in the office
of the City Clerk. The affected office holder is not required to file
any Response. If he or she does not elect to file a Response, the
failure to respond to the Preliminary Complaint shall not be grounds
for removal and shall not in any way be considered as an admission
of the matters set forth in the Preliminary Complaint.
From the date that the Response of the affected office holder
is filed, or upon the expiration of the thirty (30) day response time,
whichever is sooner, a Recall Petition consisting of the Preliminary
Complaint and the affected office holder's Response thereto shall
be published in full in one or more newspapers of general circulation
in the City of Cushing once a week on corresponding days for three
(3) weeks. For a period of thirty (30) calendar days from the date
of the first such publication any qualified, registered voter shall
have the privilege of appearing himself or herself at the office of
the City Clerk, and there in the presence of the City Clerk sign the
Recall Petition, giving his or her correct name, street address, or
if his or her residence does not have a street address, the number
of Lot and Block and length of time he or she has been a resident
of the City of Cushing. In the publication the City Clerk shall inform
the public of the hours during which he or she will be in the Clerk's
office to receive signers to the Recall Petition and it shall be the
duty of the City Clerk to be present in his or her office during all
customary business hours during the period in which the Recall Petition
is being published as provided herein. The Recall Petition shall be
available for signing until thirty (30) calendar days elapse from
the date of first publication at which time no further signatures
shall be allowed.
If the Recall Petition is signed by qualified voters equal in
number to at least 20% of the total number of votes cast for the office
holder receiving the highest number of votes at the last preceding
municipal election, or 15% of the number of votes cast in the last
presidential election in the precincts situated within the City of
Cushing, whichever number is greater, then the City Clerk shall make
his or her certificate as to the genuineness of each signature attached
in his or her office and shall immediately thereafter deliver the
completed Recall Petition to the office holders not affected by the
Recall Petition who shall then proceed as provided in this Charter.
If Recall Petitions for the recall of more than one office holder
are filed, the first Recall Petition filed shall be acted upon first.
[Amended 12-9-2008]
When any petition for the recall of any commissioner has been
filed, published, certified to and delivered as provided herein, and
to ascertain whether or not said petition contains a sufficient number
of signatures as provided herein, by checking same with the last registration
list. If such petition contains sufficient legal signatures, it shall
be the duty of said board composed of the commissioners not affected
by the petition, to order and fix a day for holding said election.
If said petition shall be found to contain less than the required
number of signatures, the said board composed of the commissioners
not affected by said petition shall make a finding to that effect,
and shall cause said finding to be published in a newspaper of general
circulation in the City of Cushing for one (1) issue.
The form of ballot at such special election shall be as follows:
"Shall __________ (name of officer) be removed from the office
of Commissioner of the City of Cushing?"
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Yes
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No
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The voter who desires to vote for the removal of the officer,
shall stamp in the square to the left of the word "Yes." The voter
who desires to vote for the retention in office of the officer, shall
stamp in the square at the left of the word "No." If a majority of
the lawfully qualified voters voting at large at such special election
shall vote "Yes" upon the official canvassing and announcing of the
vote, the officer shall be removed, and his office shall immediately
become vacant.
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Said election shall be called and conducted, and the result
announced in all respects as other city elections, and if such officer
is recalled, then his successor shall be appointed by commissioners
as heretofore provided in this Charter. The successor of any officer
so recalled or removed shall hold office during the unexpired term
of his predecessor.
No recall petition shall be filed against any officer until
he shall have held his office for at least four (4) months, nor within
six (6) months after an election has been held upon a previous petition
for recall of the same officer.
No person who has been recalled from office, or who has resigned
from such office, while recall proceedings were pending against him,
shall be elected or appointed to any office or employment of the city
within one (1) year after such recall or resignation.