The ordinance codified in this chapter is enacted pursuant to
Article VIII of the Stockton City Charter, particularly Section 809,
providing for the adoption of ordinances specifying procedures for
the recall of Stockton City Councilmembers. Except as otherwise provided
in this chapter, the procedures set forth in the
Elections Code of
the State of California pertaining to recall, as they now exist or
may hereafter be amended, shall apply to the extent that those procedures
are not in conflict with the Stockton City Charter or the Stockton
Municipal Code.
(Prior code § 2-250)
Before any signature may be affixed to a recall petition, each
page of each section must contain a request that a special election
be called to determine whether the councilmember shall be removed
from office. In all other respects, the content of the petition shall
conform to the requirements set forth in the
Elections Code of the
State, but only to the extent that those requirements do not conflict
with the Stockton City Charter.
(Prior code § 2-251)
The City Clerk shall certify the recall petition as sufficient,
in accordance with the requirements of the
Elections Code of the State.
Within five calendar days after such certification, the City Clerk
shall serve written notice of the certificate of sufficiency on the
officer sought to be recalled. Service may be accomplished by: (1)
personal delivery; (2) or by certified, registered, or first class
mail. If the officer resigns within five calendar (5) days after service
of the notice, the recall election shall not be held and a successor
shall be appointed.
(Prior code § 2-252)
If the Councilmember fails to resign within the period designated in Section
2.24.030, the City Council shall, at the next regular meeting following the expiration of that period, cause a recall election to be held as required by Article VIII of the Stockton City Charter. The election shall be conducted for the sole purpose of determining whether the officer shall be recalled.
(Prior code § 2-253)
Nominations of candidates for the filling of the vacancy in
the case of the recall of the incumbent shall be pursuant to City
Council policy.
(Prior code § 2-254)