[1]
Editor’s note–Former section 6.11 pertaining to
failure of city council to call an election was deleted in its entirety
at an election held May 4, 2019, measure 2.
Any elected city official, whether elected to office by the
qualified voters of the city or appointed by the city council to fill
a vacancy, shall be subject to recall and removal from office by the
qualified voters of the city on grounds of incompetency, misconduct
or malfeasance in office.
Before the question of recall of a councilmember shall be submitted
to the qualified voters of the city, a petition demanding such question
to be so submitted shall first be filed with the person performing
the duties of city secretary; which said petition shall be signed
by qualified voters of the councilmember district equal in number
to at least 25% of the total number of registered voters registered
to vote in that district a the last regular City election. In the
recall of the mayor the petition shall be signed by qualified voters
of the city equal in number to at least 25% of the total of the number
of registered voters registered to vote at the last regular City election.
A recall petition shall meet the requirements of Texas Election Code
Chapter 277 or as amended.
(May 4, 2019, measures 3–4)
The recall petition mentioned above must be addressed to the
city council of the City of Gonzales, must distinctly and specifically
point out the ground or grounds upon which such petition for removal
is predicated, and, if there be more than one ground, such as for
incompetency, misconduct or malfeasance in office, shall specifically
state each ground with such certainty as to give the officer sought
to be removed, notice of the matters and things with which he/she
is charged.
The petition may consist of one or more copies, or subscription
lists circulated separately, and the signatures thereto may be upon
the paper or papers containing the form of petition, or upon other
papers attached. Several parts of copies of the petition may be filed
separately and by different persons; but no signatures to such petition
shall remain effective or be counted which were placed thereon more
than forty-five days prior to the filing of such petition or petitions
with the person performing the duties of city secretary. All papers
comprising a recall petition shall be filed with the person performing
the duties of city secretary on the same day, and the said secretary
shall immediately notify, in writing, the officer so sought to be
removed, by mailing such notice by certified mail to his/her Gonzales
address.
Within ten (10) days after the date of the filing of the papers
constituting the recall petition, the person performing the duties
of city secretary shall present such petition to the city council
of the City of Gonzales.
The officer whose removal is sought may, within five days after
such recall petition has been presented to the city council, request
that a public hearing be held to permit him/her to present facts pertinent
to the charges specified in the recall petition. In this event, the
city council shall order such public hearing to be held not less than
five days nor more than fifteen days after receiving such request
for a public hearing.
If the officer whose removal is sought does not resign, then
it shall become the duty of the city council to order an election
be held on the next authorized uniform election date. If, after the
recall election date is established the officer vacates his/her position
then the election shall be cancelled in accordance with State law.
(May 4, 2019, measure 2)
Ballots used at recall elections shall conform to the following
requirements:
(a)
With
respect to each person whose removal is sought, the question shall
be submitted: “Shall (name of person) be removed from the office
of (name of office) by recall?”
(b)
Immediately
below each such question there shall be printed the following words,
one above the other, in the order indicated:
“YES”
“NO”
If a majority of the votes cast at a recall election shall be “NO,” that is against the recall of the person named on the ballot, he/she shall continue in office for the remainder of the unexpired term, subject to recall as before. If a majority of the votes cast at such an election be “YES,” that is for the recall of the person named on the ballot, he/she shall, regardless of any technical defects in the recall petition, be deemed removed from office and the vacancy be filled as vacancies in the city council are filled, as provided in Section 3.06 of this Charter.
No recall petition shall be filed against any officer of the
City of Gonzales within three months after his /her election, or within
three months after an election for such officer’s recall.
