Any person holding an elective office of the Municipality, whether by election, succession or appointment to fill the vacancy, shall be subject to removal from office at a recall election in the manner provided in this Article or as may otherwise be provided by this Charter or applicable law.
(Adopted May 17, 1977)
a. 
The recall of an incumbent of an elective office shall be for reasonable cause which shall include, but not be limited to, an act or acts which constitute forfeiture of office under this Charter, malfeasance in office, misfeasance in office, or a violation of the oath of office, committed by any elective public officer of the Municipality during the term of office which he or she is presently serving.
b. 
For the purpose of this Article:
(1) 
"Malfeasance in office" means an unlawful act committed willfully by any elective public officer.
(2) 
"Misfeasance in office" means the fulfillment of a statutorily imposed duty in an unlawful or improper manner by an elective public officer.
(3) 
"Violation of the oath of office" means the neglect or failure by an elective public officer to perform faithfully a duty imposed by law.
(Adopted May 17, 1977)
Whenever any registered voter or committee or organization of legal voters of the Municipality shall desire to demand the recall and discharge of any person holding an elective office of the Municipality, he, she, or they shall prepare a typewritten charge reciting:
a. 
The name of the officer;
b. 
The title of the office;
c. 
The grounds for holding a recall election (as set forth above); which charge shall state the act or acts complained of in concise language, without unnecessary repetition, and shall be signed by the person or persons making the same, give their respective addresses, and be verified under oath that he, she, or they believe the charge or charges to be true.
(Adopted May 17, 1977)
The grounds for recall to be recited in a petition for recall are sufficient if it can be understood therefrom that the act or acts charged therein are clearly and distinctly set forth in ordinary and concise language, without repetition, and in such a manner as to enable a person of common understanding to know what is intended.
(Adopted May 17, 1977)
The charge shall be filed in triplicate with the County Board of Elections, which Board shall, within fifteen (15) days of the filing of the charge, formulate a ballot synopsis of such charge not to exceed two hundred (200) words, which shall set forth the name of the person charged, the title of the office, and a concise statement of the elements of the charge, and shall notify the elective officer against whom such charge or charges have been made, and the persons filing the charge, of the exact language of such ballot synopsis. A copy of the charge filed and a copy of the ballot synopsis shall be served on the elective officer and the persons filing the charge by certified or registered mail or by personal service. Thereafter such charge shall be designated on all petitions, ballots and other proceedings in relation thereby to such synopsis.
(Adopted May 17, 1977)
Any person aggrieved by the filing of recall charges or by the failure thereafter of the Board of Elections to perform duties in relation to the recall, may petition for relief to the Court of Common Pleas of Allegheny County. In reviewing such petition, the Court shall have the jurisdiction to consider the following grounds:
a. 
The sufficiency or specificity of such recall charge or charges;
b. 
The sufficiency or specificity of the ballot synopsis of such recall charge or charges;
c. 
The issuance of a writ of mandamus to compel the performance of any act required of the Board of Elections or to prevent the performance by the Board of any act in relation to recall not in compliance with laws.
d. 
The existence or lack of facts establishing prima facie the truthfulness of such recall charge or charges, provided that any person challenging any such recall charge pursuant to this subsection shall have the burden of proof by clear and convincing evidence.
Any proceeding pursuant to subsections a, b and d of this Article shall be commenced within fifteen (15) days from the time that notice is given of the preparation of a ballot synopsis of such recall charge or charges and, further provided, that any proceeding pursuant to subsection c of this Article shall be commenced within ten (10) days from the time the cause of complaint arises.
Actions brought pursuant to this Article shall be considered an emergency matter of public concern, take precedence over other cases and be speedily heard and determined. Any proceeding to review a decision of the Court of Common Pleas shall be begun and perfected within fifteen (15) days after its decision in a recall election case and shall be by the Supreme Court considered an emergency matter of public concern and speedily heard and determined.
(Adopted May 17, 1977)
Fifteen days after being notified of the language of the ballot synopsis of the charge, the person or persons filing the charge shall cause to be prepared petitions for recall and discharge of such officer. Such petition shall state the elective official's name, title of the office and the ballot synopsis as prepared by the Board of Elections.
(Adopted May 17, 1977)
An election for the recall of such an elected official shall be directed where such petition has been signed by at least twenty percent (20%) of the registered electors voting at the last gubernatorial election in the Municipality and the procedure set forth has been followed:
a. 
Each elector signing a recall petition shall add to his or her signature his or her signature his or her residence, and the date of signing. All signatures must be executed in ink or indelible pencil. Signatures on a recall petition may be on separate sheets, but each sheet shall have appended to it the affidavit of some person, not necessarily a signer of the petition, that to the best of affiant's knowledge and belief the persons whose signatures appear on the sheet are registered electors of the Municipality, that they signed with full knowledge of the contents of the petition, and that their residences are correctly given.
b. 
A recall petition shall be filed with the County Board of Elections. No signature shall be counted as valid which is dated more than sixty (60) days prior to the date the petition is filed. Upon filing with the Board of Elections, the petition shall be available for examination and copying by any interested person. Within fifteen (15) days after the filing of the petition, the Board of Elections shall, in writing, pass upon the validity of the petition and the validity and the number of signatures required thereon. The decision of the Board of Elections shall be subject to immediate review on appeal to the Court of Common Pleas of Allegheny County.
(Adopted May 17, 1977)
a. 
As soon as the Board of Elections has issued its written decision as provided for in Section 8b. above, the Board, in writing, shall notify the incumbent named in the petition that a petition has been filed and a copy of the Board's decision shall be attached to the notice.
b. 
If a representative of the petitioners has filed in writing a request with the Board for a copy of such notice and the Board's decision, a copy of the notice and decision shall also be served on the petitioner's representative at the same time.
c. 
The notice and decision shall be served on the incumbent and any such representative of the petitioners by certified or registered mail, or personal service.
d. 
Upon receipt of such notice, the incumbent may resign from his or her office and thereupon the recall proceeding shall terminate.
(Adopted May 17, 1977)
a. 
If the incumbent against whom a recall petition is directed does not effectively resign from his or her office within ten (10) days after notice of the filing of such a petition shall have been given to him or her, the Board of Elections shall arrange a recall election. If a regular or special election is to be held not less than thirty (30) days or more than ninety (90) days after the ten days have expired, the recall question shall be placed before the electors in such an election. Otherwise a special recall election shall be fixed by such Board for a date not earlier than thirty (30) days nor later than ninety (90) days after the ten days have expired. The incumbent against whom the recall petition is directed may resign at any time prior to the recall election and thereupon the recall election shall not be held.
b. 
The following question shall be presented to each elector in a recall election:
"Shall (name of officer) be recalled and removed from the office of (name of office) because (here insert the synopsis of the charge as prepared by the Board of Elections)."
c. 
The above question shall appear as to every officer whose recall is to be voted upon and provision shall be made for the elector to vote "yes" or "no" on the question.
d. 
If a majority of the registered electors who vote on the question of recall shall vote "yes," the incumbent shall be deemed recalled and removed from office, but if a majority of the registered electors do not vote "yes," he or she shall remain in office. Should the result of such an election be affirmative, the date of removal and vacancy in the office shall be seven (7) days subsequent to the date when the results of the election are certified by the Board of Elections, unless such date is postponed by an order from a court of competent jurisdiction.
(Adopted May 17, 1977)
No person who has been removed from an elective office by a recall election or who has resigned from such an elective office after a recall petition directed to him or her has been filed shall be eligible for appointment to any elective office of the Municipality within two (2) years after his or her removal or resignation.
(Adopted May 17, 1977)
No recall petition may be filed against any incumbent of an elective office within the first year or the last nine months of the term of his or her office or within nine months after an unsuccessful recall election against him or her, but an officer who has been reelected for a successive term shall be subject to recall during the first year of such term.
(Adopted May 17, 1977)