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)