Any elected city official, whether elected to office by the qualified voters of the city or elected 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 such officer 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 city equal in number to at least thirty (30) percent of the number of votes cast at the last regular municipal election of the city, but in no event less than one hundred fifty (150) such petitioners. Each signer of such recall petition shall personally sign his name thereto in ink or indelible pencil, and shall write after his name his voter registration number, his place of residence, giving name of street and number, or place of residence, and shall also write thereon the day, the month and year his signature was affixed.
(Ordinance 910, sec. 1, adopted 5/11/99)
The recall petition mentioned above must be addressed to the city council of the City of Liberty, 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 (1) ground, such as for the 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 is charged. The signature shall be verified by oath in the following form:
“THE STATE OF TEXAS
COUNTY OF LIBERTY
I, __________, being first duly sworn, on oath depose and say that I am one (1) of the signers of the above petition; and that the statements made therein are true, and that each signature appearing thereto was made in my presence on the day and date it purports to have been made, and I solemnly swear that the same is the genuine signature of the person whose name it purports to be.
Sworn and subscribed to before me this _____ day of__________, 20_____.
__________________________________
Notary Public in and for the State of Texas.”
(Ordinance 2010-15 adopted 6/8/10; Ordinance 2020-35, prop. W, adopted 11/10/20)
The petition may consist of one (1) 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 thereto. Verifications provided for in the next preceding section of this article may be made by one (1) or more petitioners, and the several parts or 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 (45) 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 to his Liberty address.
At the next regularly scheduled council meeting which is not less than ten (10) working days after the date of the filing of the papers constituting the recall petition, the person performing the duties of the city secretary, shall present such petition to the city council.
(Ordinance 910, sec. 1, adopted 5/11/99; Ordinance 2020-35, prop. X, adopted 11/10/20)
The officer whose removal is sought may, within ten (10) working days after such recall petition has been presented to the city council, request that a public hearing be held to permit him 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 (5) days nor more than fifteen (15) days after receiving such request for a public hearing.
(Ordinance 910, sec. 1, adopted 5/11/99)
If the officer whose removal is sought does not resign, then it shall become the duty of the city council to order an election and fix a date for holding such recall election, the date of which election shall be held as required by Texas state law.
(Ordinance 2020-35, prop. Y, adopted 11/10/20)
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 two (2) following propositions, one (1) above the other, in the order indicated:
“FOR the recall of (name of person).”
“AGAINST the recall of (name of person).”
If a majority of the votes cast at a recall election shall be against the recall of the person named on the ballot, he shall continue in office for the remainder of his unexpired term, subject to recall as before. If a majority of the votes cast at such an election be for the recall of the person named on the ballot, he shall, regardless of any technical defects in the recall petition, be deemed removed from office and the vacancy shall 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 Liberty within three (3) months after his election, nor within three (3) months after an election for such officer’s recall.
In case all of the requirements of this charter shall have been met and the city council shall fail or refuse to receive the recall petition, or order such recall election, or discharge any other duties imposed upon said city council by the provisions of this charter with reference to such recall, then a citizen may file a mandamus with a court of proper jurisdiction for a writ of mandamus to force the city to call the election.
(Ordinance 910, sec. 1, adopted 5/11/99)