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to scope of recall and amended by May 9, 2009 election, effected by Ordinance 2009-12, prop. 4, adopted 5/18/09 was repealed by May 11, 2013 election, effected by Ordinance 2013-15, prop. 14, adopted 5/21/13.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)