The incumbent of any elective city offices, 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 100 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 200 words. Within five days, the City Clerk shall mail a
copy of such statement by registered, certified or similar mail to
the officer at his residential address. Within 10 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 more than 200 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 AGAINST RECALL." The two statements shall be in letters
of the same size. A copy of the petition is circulated.
A number of registered qualified electors of the city equal
at least 20% 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 100 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
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 circulate 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;
and recall proceedings may not again be initiated against the same
person within six months after the date of 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 Commission at
its next meeting.
[Amended at election of March 17, 1998]
The Commission, by a resolution passed within 10 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 45 days, nor more than 65 days, after passage of the resolution.
The City Clerk shall cause the resolution ordering the election to
be published in full, in a newspaper authorized by law to publish
legal publications, within 10 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 two weeks before the recall election.
There shall be no primary before the recall election. The candidate
receiving the greatest number of votes in the recall election shall
be elected. If the candidate other than the incumbent is elected,
the incumbent shall be recalled from office effective as of the time
when the results of the election is certified. The said successor
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 Commission are filled. A candidate thus
elected and qualifying shall serve for the unexpired term. If the
incumbent is a candidate and received 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 election 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 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.
