Any elected Town official shall be subject to recall and removal from office by the qualified voters of the Town on any one or more of the following grounds: incompetency, misconduct, malfeasance in office or who knowingly or intentionally violates any express prohibition of the Charter.
In this section:
(a) 
“Incompetency” means (a) gross ignorance of official duties; or (b) gross carelessness in the discharge of official duties; or (c) inability or unfitness to promptly and properly discharge official duties because of a serious mental or physical defect that did not exist at the time of the officer’s election. The term is used in a sense that the Town official has exceeded his or her authority by defying or overruling lawful actions done by the Town Council.
(b) 
“Official misconduct” means intentional unlawful behavior relating to official duties by a Town Official entrusted with the administration of justice or the execution of the law. The term includes an intentional or corrupt failure, refusal, or neglect of a Town Official to perform a duty imposed on the officer by law.
(c) 
“Malfeasance” means the doing of an act by a Town Official through ignorance, inattention, or malice, which act the official had no legal right or authority to do, or which act exceeds or abuses the official’s rightful authority or powers; or the failure to do an act which the Town Official had a legal duty to do.
Editor’s note–Former Section 6.01 pertaining to scope of recall and amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 4, adopted 5/18/09 was repealed by May 11, 2013 election, effected by Ordinance 2013-15, prop. 14, adopted 5/21/13.
(Section 6.01 amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 14, adopted 5/18/09 and renumbered to 6.01A by Ordinance 2009-21 adopted 8/24/09. Introductory paragraph amended by May 11, 2013 election, effected by Ordinance 2013-15, prop. 14, adopted 5/21/13)
Before the question of recall of such officer shall be submitted to the qualified voters of the Town, a petition demanding such question to be so submitted shall first be filed with the person performing the duties of the Town Secretary, which petition shall be signed by a number equal to at least twenty percent (20%) of those who were qualified voters on the date of the last regular municipal election as determined from the list of qualified voters maintained by the County Election Administrator. All signatures must be in compliance with the requirements set out in the Texas Election Code.
(Section 6.02 amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 13, adopted 5/18/09)
The recall petition must be addressed to the Council, 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 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 on each ground. The signature shall be verified by oath in the following form:
STATE OF TEXAS
§
COUNTY OF __________§
I,_______, being first duly sworn, on oath depose and say that I am one of the signers of the above petition 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.
Subscribed and sworn to before me this _______day of _______, _______.
_________________________________
Notary Public, _______County, Texas
(Section 6.03 amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 14, adopted 5/18/09)
(a) 
Upon the filing of a petition, the Town Secretary shall review the petition to determine the existence of the requisite number of signatures of qualified voters and whether the form of the petition complies with the provisions of this Charter. The Town Attorney shall review the petition for legal sufficiency.
(b) 
Within ten (10) business days after the petition is filed, the Town Secretary shall complete a certificate as to its sufficiency, specifying, if it is insufficient, the particulars wherein it is defective and shall promptly send a copy of the certificate to the person(s) who filed the petition by registered mail.
(c) 
A petition certified insufficient for lack of the required number of valid signatures or due to inadequate form or content may be amended once if each of the following requirements are met:
(1) 
the person(s) who filed the petition with the Town Secretary files a notice of intention to amend it with the Town Secretary within five (5) business days after receiving the copy of this certificate via registered mail; and,
(2) 
such person(s) also file a supplementary petition upon additional papers within ten (10) business days after receiving the copy of such certificate. Such supplementary petition shall comply with the requirements of section 6.02. Within five (5) business days after the supplementary petition is filed, the Town Secretary shall complete a certificate as to the sufficiency of the petition as amended and promptly send a copy of such certificate to the person(s) who filed the petition for recall via registered mail as in the case of an original petition.
(d) 
If a petition or amended petition is certified sufficient and in compliance with the terms of this Article of the Charter, the Town Secretary shall present this certificate to the Council at its next regular Council meeting or special meeting called for this purpose and immediately shall notify the Councilmember whose removal is sought and provide him with a copy of his petition by registered or certified mail.
(e) 
No signature to a recall petition shall remain effective or be counted if it was placed upon the petition more than forty-five (45) days prior to filing of the recall petition with the Town Secretary.
(f) 
If the Councilmember whose removal is sought does not resign within seven (7) days after the certified petition is presented to the Council, the Council, at its next regular meeting or at a specially called meeting, shall order a recall election. The date selected for the recall election shall be the earliest available date in accordance with the Texas Election Code for which all legal requirements to verify the petition and call the election may be met.
(Subsection (g) deleted by May 9, 2009 election, effected by Ordinance 2009-12, prop. 4, adopted 5/18/09 and subsection (f) amended by May 9, 2009 election, effected by 2009-12, prop. 13, adopted 5/18/09)
The Council shall make or cause to be made publication or notice and provide for holding such election for the successor Councilmember, and the same shall be conducted, and the result thereof declared in all respects as other Town elections.
Any Officer so elected shall hold office only during the unexpired term of his predecessor. Any person sought to be removed may be a candidate to succeed himself and, unless he requests otherwise in writing, the Town Secretary shall place his name on the official ballot without nomination. The names of other candidates for such position shall be placed on the official ballot in the same manner as provided in Article V of this Charter. At such election, the candidate receiving a majority of all votes cast for such office, according to the rules regulating the election of Councilmembers as set forth in this Charter, shall be declared elected. At such election, if some person other than the incumbent receives a majority of all votes cast for such office, the incumbent shall thereupon be deemed removed from the office upon the qualification of his successor. In case the party who receives a majority of all votes cast at said election should fail to qualify within the (10) days after receiving notification of his election, the office shall then become vacant. If the incumbent receives a majority of all votes cast at such election, he shall continue in office and shall not be subject to any other recall for any grounds existing prior to said election. In the event that a runoff election is required, the procedure set forth shall be followed.
(Section 6.06 amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 4, adopted 5/18/9)
No recall petition shall be filed against any Officer of the Town within six (6) months after his election, nor within six (6) months after an election for such Officer’s recall[.]
In case all of the requirements of this Charter shall have been met and the Council shall fail or refuse to receive the recall petition, or order such recall election, or discharge any other duties imposed upon said Council by the provisions of this Charter with reference to such recall, then the County Judge of Denton County, Texas, shall discharge any of such duties herein provided to be discharged by the person performing the duties of Town Secretary, or by the Council.