Any elected City official shall be subject to recall and removal from office by the qualified voters of the City on grounds of incompetence, misconduct, or malfeasance in office.
(Ordinance 384, ex. A, adopted 5/12/15)
Before the question of recall of such officer is submitted to the qualified voters of the City, a petition demanding such recall question shall first be filed with the City Secretary. Said petition must contain a number of valid signatures of registered voters of the City equal to at least ten percent (10%) of the number of registered voters residing in the City on the date of the City’s most recent general election, or, if such election was cancelled, the date that such an election would have been held.
(Ordinance 384, ex. A, adopted 5/12/15)
The recall petition mentioned above must be addressed to the City Council of the City, and must state the grounds upon which such petition for removal is predicated. 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 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 it purports to be. |
Signature _________________________________ |
Sworn and subscribed before me this __________ day of __________ 20 _____ . |
________________________________________ NOTARY PUBLIC, STATE OF TEXAS |
My commission expires: __________ |
(Ordinance 384, ex. A, adopted 5/12/15)
All papers of a petition shall be uniform in size and style and shall be assembled as one instrument for filing. Each signature shall comply with Chapter 277 of the Texas Election Code as it may be amended from time to time. The petition shall be addressed to the City Council of the City and shall contain a statement declaring each ground upon which such petition for removal is predicated. Such statement shall distinctly and specifically state the alleged action(s) and factual circumstances surrounding such action(s) taken by the officer sought to be removed. No petition shall be deemed insufficient based upon a deficiency in the statement of grounds for recall, provided such a statement is included within the petition.
(Ordinance 384, ex. A, adopted 5/12/15)
Within twenty-one (21) days after the date of the filing of the papers constituting the recall petition, the City Secretary shall complete a certificate as to the sufficiency or insufficiency of the petition in meeting the requirements of this Charter to require a recall election, specifying, if it is insufficient, the particulars wherein it is defective. The City Secretary shall, at the next regular Council meeting following the completion of the petition certificate, present such certificate and the petition to the City Council, and the certificate shall then be a final determination as to the sufficiency of the petition.
(Ordinance 384, ex. A, adopted 5/12/15)
If the City Secretary presents a certificate to the City Council finding that the petition is sufficient to require holding a recall election under the provisions of this Charter, the officer whose removal is sought may, within seven (7) days after such certificate has been presented to the City Council, request that a public hearing be held to permit the officer to present the 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 or more than fifteen (15) days after receiving such request for a public hearing.
(Ordinance 384, ex. A, adopted 5/12/15)
If the City Secretary presents a certificate to the City Council finding that the petition is sufficient to require holding a recall election under the provisions of this Charter, and if the officer whose removal is sought does not resign, then the City Council shall, within five (5) business days after the presentation of the City Secretary’s petition certificate, order a recall election and set the date for holding such recall election. The date selected for the recall election shall be the next available date under the Texas Election Code for which the City Council is authorized to call an election.
(Ordinance 384, ex. A, adopted 5/12/15)
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 __________ be removed from the office of __________ 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” |
(Ordinance 384, ex. A, adopted 5/12/15)
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, or if the votes be evenly divided between “No” and “Yes,” the officer shall continue in office for the remainder of the unexpired term. If a majority of the votes cast at such election shall be “Yes,” that is for the recall of the person named on the ballot, the officer shall, regardless of any technical defects in the recall petition, be deemed removed from office, and the vacancy shall be filled by special election as provided in this Charter.
(Ordinance 384, ex. A, adopted 5/12/15)
No recall petition shall be deemed sufficient, and no recall election shall be called, if a petition is filed against any officer of the City:
a.
Within one hundred eighty (180) days after the officer’s election; or
b.
If the petition seeks the removal of an officer during a term of office for which the officer was already subjected to a recall election; or
c.
If the provisions of this Charter and the Texas Election Code would require the recall election to coincide with the general election for the successor in office of the officer subject to recall; or
d.
If the provisions of this Charter and the Texas Election Code would require the recall election to take place after the expiration of the term of office the subject officer was serving at the time the petition was submitted.
(Ordinance 384, ex. A, adopted 5/12/15)
The qualified voters of the City shall have the power of direct legislation through initiative and referendum, provided that such power shall not extend to any ordinance relating to appropriation of money, issuing of bonds, the levying of taxes, or the compensation of City officers or employees.
(Ordinance 384, ex. A, adopted 5/12/15)
The qualified voters of the City may initiate legislation by submitting a proposed ordinance, along with a petition addressed to the City Council requesting the submission of the proposed ordinance to a vote of the qualified voters of the City, in accordance with the following provisions:
a.
Each proposed ordinance must be accompanied by a separate, original petition. All proposed ordinances must be submitted in the form required by this Charter, and must be legally enforceable under this Charter and the laws of the State of Texas and the United States.
b.
Said petition must be filed with the person performing the duties of City Secretary, and must contain a copy of the proposed ordinance in its entirety and a number of valid signatures of registered voters of the City equal to at least ten (10) percent of the number of registered voters residing in the City on the date of the City’s most recent general election, or, if such election was cancelled, the date that such an election would have been held.
c.
The initiative petition must be addressed to the City Council of the City, and 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 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 it purports to be. |
Signature _________________________________ |
Sworn and subscribed before me this __________ day of __________ 20 ______ . |
________________________________________ NOTARY PUBLIC, STATE OF TEXAS |
My commission expires: __________ |
d.
All papers of a petition shall be uniform in size and style and shall be assembled as one instrument for filing. Each signature shall comply with Chapter 277 of the Texas Election Code as it may be amended from time to time. The petition shall be addressed to the City Council of the City. Upon submission of a petition, the person performing the duties of City Secretary shall immediately notify, in writing, the City Attorney, and provide him with a true and correct copy of the proposed ordinance attached to the petition.
e.
Within fourteen (14) days after the date of the filing of the papers constituting the initiative petition, the City Attorney shall conduct a thorough review of the proposed ordinance and shall issue a certificate to the City Secretary declaring whether the proposed ordinance is or is not legally enforceable and in compliance with this Charter and the laws of the State of Texas and the United States. If the City Attorney determines that the proposed ordinance is not legally enforceable and in compliance with this Charter and the laws of the State of Texas and the United States, the City Secretary shall certify the petition as insufficient.
f.
Within twenty-one (21) days after the date of the filing of the papers constituting the initiative petition, the City Secretary shall complete a certificate as to the sufficiency or insufficiency of the petition in meeting the requirements of this Charter to require an election, specifying, if it is insufficient, the particulars wherein it is defective. The City Secretary shall, at the next regular City Council meeting following the completion of the petition certificate, present such certificate and the petition to the City Council, and the certificate shall then be a final determination as to the sufficiency of the petition. Upon presentation of a certificate declaring the petition to be sufficient to the City Council, it shall become the duty of the City Council, no later than the next regularly scheduled City Council meeting after the receipt thereof, to pass and adopt such ordinance without alteration, or to call a special election, at which the qualified voters of the City shall vote on the question of adopting or rejecting the proposed legislation. The date selected for the special election shall be the next available date under the Texas Election Code for which the City Council is authorized to call an election.
g.
The City Council shall determine the ballot language to be used upon such initiated ordinances, and such wording shall set forth their nature sufficiently to identify them and shall also set forth upon separate lines the words “FOR the ORDINANCE,” and “AGAINST the ORDINANCE.”
h.
The City Council may not repeal or amend an initiated ordinance adopted under this Section for a period of two (2) years after the date that the election at which the initiated ordinance was adopted is canvassed.
i.
If a majority of the votes cast at an initiative election shall be “AGAINST the ORDINANCE,” that is against the adoption of the initiated ordinance, or if the votes shall be evenly divided between “FOR the ORDINANCE” and “AGAINST the ORDINANCE,” the initiated ordinance shall not take effect. If a majority of the votes cast at such election shall be “FOR the ORDINANCE,” that is, for the adoption of the initiated ordinance, the initiated ordinance shall be deemed adopted and in full force and effect upon the completion of the canvass for the initiative election.
j.
If any of the provisions of two (2) or more proposed ordinances approved at the same election are inconsistent, as determined by the City Attorney, the ordinance receiving the highest total number of votes “FOR” and “AGAINST” shall prevail. In the event that all conflicting ordinances receive the same number of total votes, then the ordinance receiving the highest total number of “FOR” votes shall prevail. In the event that all conflicting ordinances receive the same number of “FOR” votes, the City Council shall designate, by majority vote, which of the conflicting ordinances shall prevail.
(Ordinance 384, ex. A, adopted 5/12/15)
The qualified voters of the City may require that any ordinance passed by the City Council be submitted to the voters of the City for approval or disapproval, by submitting a petition for this purpose within forty-five (45) days after final passage of said ordinance. However, ordinances appropriating money, levying taxes, fixing rates and charges for City utilities, annexing or disannexing land, establishing or amending zoning regulations, and ordinances authorizing debt instruments shall not be subject to referendum. The referendum petition must contain a number of valid signatures of registered voters of the City equal to at least ten (10) percent of the number of registered voters residing in the City on the date of the City’s most recent general election, or, if such election was cancelled, the date that such an election would have been held. Each petition shall contain a clear and concise statement identifying the ordinance for which it seeks approval or disapproval. A separate, original petition must be submitted for each ordinance for which a referendum is sought. Additionally:
a.
All papers of a petition shall be uniform in size and style and shall be assembled as one instrument for filing. Each signature shall comply with Chapter 277 of the Texas Election Code as it may be amended from time to time. The petition shall be addressed to the City Council of the City.
b.
Within twenty-one (21) days after the date of the filing of the papers constituting the referendum petition, the City Secretary shall complete a certificate as to the sufficiency or insufficiency of the petition in meeting the requirements of this Charter to require an election, specifying, if it is insufficient, the particulars wherein it is defective. The City Secretary shall, at the next regular City Council meeting following the completion of the petition certificate, present such certificate and the petition to the City Council, and the certificate shall then be a final determination as to the sufficiency of the petition. Upon presentation of a certificate declaring the petition to be sufficient to the City Council, it shall become the duty of the City Council, no later than the next regularly scheduled City Council meeting after the receipt thereof, to repeal the ordinance identified by the petition without exception, or to call a special election, at which the qualified voters of the City shall vote on the question of adopting or rejecting the referred ordinance. The date selected for the special election shall be the next available date under the Texas Election Code for which the City Council is authorized to call an election.
c.
The City Council shall determine the ballot language to be used for ordinances subject to referendum, and such wording shall set forth their nature sufficiently to identify them and shall also set forth upon separate lines the words “FOR the ORDINANCE,” and “AGAINST the ORDINANCE.”
d.
Pending the holding of such election, each ordinance subject to a sufficient petition shall be suspended from taking effect and shall not later take effect unless a majority of the qualified voters voting thereon at such election shall vote in favor thereof.
e.
If a majority of the votes cast at a referendum election shall be “AGAINST the ORDINANCE,” that is, in favor of repealing the referred ordinance, or if the votes be evenly divided between “FOR the ORDINANCE,” and “AGAINST the ORDINANCE,” the referred ordinance shall not take effect, and said ordinance shall be deemed repealed upon the completion of the canvass for the referendum election. If a majority of the votes cast at such election be “FOR the ORDINANCE,” that is, for the adoption of the referred ordinance, the said ordinance shall take full force and effect upon the completion of the canvass for the referendum election.
(Ordinance 384, ex. A, adopted 5/12/15)