City of Cushing, OK Article FOURTEEN RECALL

Section 1 Recall — Commissioners subject to recall.

[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.

Section 2 Recall election.

[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.

Section 3 Form of ballot.

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?"

Yes

No

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.

Section 4 Recall election conducted.

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.

Section 5 No recall under six months.

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.

Section 6 Recalled officer cannot hold office.

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.